Cesar, I'm not clear on what you're saying in this post. Given this:

http://www.zunethoughts.com/news/show/579/zune-marketplace-song-sharing-a-test.html

Are you saying that Jason Dunn couldn't share these songs because of a technical problem on Microsoft's end, that will soon be fixed, or because the labels have not give Microsoft sharing rights for those specific songs?

I have to agree with Dan H, I'm not sure what you're saying in your post?  You strongly state that reports that Universal and Sony are putting restrictions on sharing is wrong yet I don't see any explination as to why those songs didn't share?

You then go on to talk about working with the record labels which DOES imply that the sharing limitions are coming from the labels, not the technology.  The fact is that some songs don't share.  Those songs seem to be from Universal and Sony.  We can only logically conclude that either...

a) there is a bug in the software that prevents certain tracks from sharing, which just happens to be tracks from Universal and Sony

b)those labels have, AT THIS TIME (meaning of course it could change), decided not to allow sharing of those songs or

c) the songs are supposed to be sharable but they are flagged differently yet there is a bug in the software which fails to see that different flag as a valid sharable song.

So while I appricate your attempt to bring clarity your post doesn't do a single thing to make the issue any more clear.  If the community is wrong about the sharing then tell us why, exactly.

Cesar Menendez: Official Zune Team Spin Doctor

Dan H hit the nail right on the head. The fact of the matter is, Cesar, Zune customers cannot share the songs they want to share. Effectively, the Zune's vaunted WiFi squirting is twice crippled: once, because squirted songs die after three days or three plays, regardless of the origin of the song (ripped from CD? Purchased off Zune Marketplace? Part of Zune Subscription?) or it's original license (Creative Commons?), and again because not all songs are squirtable, and you don't know whether or not a song is squirtable until you've already tried to squirt it to a fellow Zunester.

So, Cesar, is it technical, political, or a combination of both? Any way you have it, it sucks for Zune customers.

Now, I'll give MS some credit. WiFi sharing is a neat idea. For the first round, though, the execution has been less than stellar.

Here's a change of topic....

Folks here may have heard that Apple will be charging to upgrade recent Macs to 802.11n, despite the fact the these machines shipped with 802.11n hardware that was in fact crippled to run only in b or g mode. Apple's reasoning is that Sarbanes-Oxley legislation forces them to charge for enhancements for accounting purposes.

http://www.macnn.com/articles/07/01/19/apples.80211n.fee.redux/

How does this impact the Zune's potential for firmware-upgrade based feature enhancements? Will Microsoft have to charge for those upgrades?

on a side note, i believe that the 3 plays restriction be taken off, but the 3 days remains. that would be amazing. resends still remaining un-doable.

So Universal is on board with wireless send; if a song can't be sent, we're working on it.

One thing that I think it's getting lost in these conversations if a song comes from a ripped CD (which is where the majority of *my* music comes from), it's able to be sent no problem.

Zuneless, I don't think I can talk specifically about Zune firmware upgrades, but I can tell you that all of Xbox 360 firmware upgrades are free (to the best of my knowledge).

Zuneless, Shawn Oster and Dan H you guys have got to me kidding.  

Just like Cesar says wireless sharing is new and there are bound to be some companies (BMG and Universal) who are worried about this new way of legally sharing music.  I think this as with all DRM issues is more a result of the music labels then MSFT or the Zune.  

The thing about this conversation that always drives me nuts is that people complain about DRM but don't seem to realize that you can always just buy the CD and get around all of it. DRM is an important aspect of the music business.  

Would you buy a car that didn't need keys to drive?  I wouldn't.  This is the same situation that we face with DRM.  Music companies can't and shouldn't allow their music to float around with no ability to generate revenue from it.  MSFT gets blamed a lot for DRM issues but its not really their fault.  

I think people are getting music and the music business confused.

Thats just want I think.  

Having an official statement from UMG is reassuring.

Cesar, how much advance notice will we get before you release your next firmware/software update?  Week? 24-hours? or no notice?

Sounds like the best way to go is still buying CDs and ripping yourself. Then no restrictions? Or can they still be crippled against sends? The companies that don't allow sharing will just miss out on some zune-to-zune free publicity.

SONY isn't cooperating? Oh, there's a surprise. Can they possibly suck anymore than they do now?

xbob, each CD you buy and rip you can share via wireless

Stefan said:

"The thing about this conversation that always drives me nuts is that people complain about DRM but don't seem to realize that you can always just buy the CD and get around all of it. DRM is an important aspect of the music business. "

Stefan, that's just not true. Even songs you rip from CD are wrapped with DRM when you send them over the Zune's WiFi squirting system. They get wrapped with the same 3-days or 3-plays restrictions as songs purchased from the Zune Marketplace.

Cesar said:

"Zuneless, I don't think I can talk specifically about Zune firmware upgrades, but I can tell you that all of Xbox 360 firmware upgrades are free (to the best of my knowledge)."

That's interesting. Is Apple pulling a fast one? Admittedly, the upgrade is cheap ($1.99), but it still seems like a lot of hassle for customers. If Microsoft can add functionality without charging for it and violating GAAP or Sarbanes-Oxley, why can't Apple?

Cesar said:

"xbob, each CD you buy and rip you can share via wireless"

Cesar, correct me if I'm wrong, but isn't it true that tracks shared via Zune's WiFi squirting are still wrapped with the 3-day or 3-play restriction, regardless of source? That means songs from the Zune Marketplace (purchased or subscription), songs you rip from CDs, etc.

Zuneless, the Wi-Fi music "beaming" feature is designed for "3 days or 3 plays."  The idea is that it is to be used to sample the content, not "keep" it.  Microsoft has been clear about this from day one.  It's a fair compromise to prevent obvious abuse.

After it stops playing, the track info is still stored in your Inbox... so you are free to lookup the band or track yourself.

If you want to give someone your own stuff without restrictions, hand them a free CD.  'Nuff said.

Zuneless, re: Apple charging for 802.11n... it's some funky hardware functionality/accounting issue Apple is running into.  Ignore it.

zuneless - I probably should keep from commenting about Apple, Sarbanes-Oxley, and GAAP. Lest I get called to testify one day ;) "apple is pulling a fast one?" Yikes. there's a land mine for me.

Wrapping DRM around tracks isn't something that Zune does. false, untrue. Ron got it right.

And as these comments keep coming, I want to remind everyone of the rules: http://zuneinsider.com/archive/2006/11/27/if-your-comment-got-deleted-here-s-why.aspx Please assume that everyone who comments here is intelligent, and lighten up :)

I bought the Zune because everyone kept saying that MS is going to update the firmware like crazy. One more month and I'm out of this. I'm fed up of the clunky Zune desktop software and pathetic battery life.

I'm sorry, but if you are having to work with partners to expand the number of songs that can be shared doesn't that in essense conceeding that there are songs from these companies that can't be shared?

So then there are music companies who are presently restricting at least some of their music purchased via zune marketplace from being shared on zune right?

nah, the issue is not lack of support from our content partners – we’ve seen broad excitement and support from major and independent labels and publishers. It comes down to the fact that the idea of wireless sharing as enabled by the Zune to Zune Wireless feature is a new experience and its implementation is in a version 1.0 stage. For that reason we are being extra cautious and responsible in our approach, which means that some of the processes behind the feature may not yet be as seamless as they could be. We’re continually working to improve the technology and processes supporting this feature, and to engage industry partners to expand the number of songs that can be sent.

I've yet to find anyone I can share songs with, so I don't see it as an issue for me yet. What I want is to be able to leave my Zune in my car in the garage and have it Sync via Wifi, that's my goal :)

thanks for clearing all that up,

A couple sites have been testing the song sharing capabilities of the Zune. From their initial results it appears that the Zune will not share over 50% of the songs. This inability to share is not a p ...

Would it be fair to say that any change in music usage changes necessitate changes in agreements with the artist? This is just a guess but all music 'rental' services I've used feature music you can't rent, but you must buy. And inquires into why they can't just be downloaded have meet with the response that its up to the individual artist and that X service is constantly working to improve availability of downloadable content for their to go services.

So my thought is that we are in the same boat here. Sony, Universal, et. al. could be committed to beaming but having said that they have to go back and do all the ground work to get this usuage cleared with their artists.....

Just a thought.

Does this suggest that Sansa will have the same issue or because Rhapsody is  subscription based..they are able to get around the complexity of sharing PURCHASED content?

One of the tests that is being referred to by a number of sites came from Zunerama. The Zunerama editor tested out a very specific playlist, and only about 50% of the songs on the list were share-able. All this sites posting this as news have taken it completely out of context and they make it seem as if 50% of all songs can't be shared.

The ability to share a certain song probably depends on a few variables. First being the record label. They probably have a blanket rule for all of thier songs to be shareable or not. Then it goes down to the artist/artist's manager who might decide against the labels decision in either direction. Right now song sharing is new, so a lot of labels/artists probably haven't decided if it is good free publicity or not. Just look at the amount of songs that can't be downloaded on the zune pass. It seems to be all of the artists who are   against piracy publically.(see: metallica) When caesar say they are working with the labels, I think he means they are pitching the idea of sharing to the labels.

On another note, the 3 play 3 day rule is totally fair. You can't just expect to be able to share a song for free. If that was the case you could have a collective zune account between a group of friends, buy songs and share them all so all of the zunes have the same music. If copying a cd is illegal, and non-resticted sharing would be the same idea, microsoft would have no chance of letting it fly on the zune. I agree about stuff under creative commons though. But, there is no way for the zune to tell the difference between a creative commons track and a ripped track. In the end, micrsoft is just trying to find the point where the users and the music labels are both happy. If they give the users what they want, they will sell millions of zunes, but get sued to the poorhouse. If they give the RIAA and friends what they want, the zune fails. It's a very thin line to stand on and not fall either way.

I wasn't particularly pleased with the post, BUT I completely understand the tight spot MS may be in and am quite content to be an early adopter.

I suggest reading Ars Technica's Zune 2.0 article to get more clear and concrete info on the state of Zune to Zune wireless sharing (and free Zune to Zune subscription music sharing):

http://arstechnica.com/news.ars/post/20070122-8669.html

Also, on the comment about Apple's issues with enabling the 802.11n hardware in their products, unless MS has a hardware feature (ex 802.11n I could hope), they would not have to require payment for enabling of unadvertised features (i.e. enhancements of how hardware is used - GUI, wireless features, etc)

Anyone that doesn't understand why the 3p/3d restriction is in place needs to go read the Grokster Ruling. There's nothing MS can do about that.

If Microsoft allowed unrestricted "squirting" of any tracks, and ANYONE used it beyond the limits of Fair Use, Microsoft would be liable for any damages the RIAA see fit to bring against them.

I've never found another Zune to share anything with.  I can't see myself ever sending or receiving a song over wifi.  Now if i could download podcasts on the device over wifi..

I understand Microsoft's view that the Wireless sharing is to "sample" content. Why don't they just make it more like a song stream?

As in, the song isn't actually put anywhere on the harddrive but streamed over WiFi? That way you don't need to worry about 3plays/days.

When/If I want to hear the stream again I connect to the same guy and he streams it to me.

I think that sounds a little less restrictive and offers about the same goal you're trying to achieve. It would also work hand in hand with podcasts and stuff.

I think one potential problem is the sapping of battery life, although I'm not sure the impact it'd have.

0.02c

I always thought that's what the $1 per zune that goes to Universal was for.  I had no idea that you couldn't send some songs.  When I sent a playlist to my nephew's zune, we were both puzzled that some transfered and some didn't.  I hate the fact that  Universal gets a piece of the pie and they can't even bend to give the users a seamless experience.  The sad thing is that you can send any song you download from the file sharing sites no problem.  However, you have a problem sharing the legal files.  Makes. No. Sense.

As the person who blogged about the "58% of the Top50 can be shared", and inadvertently started this dogpile, let me add my two cents.  

My test was of a non-random sampling - the top 50 downloads from Zune Marketplace - and may not be representative of Marketplace overall. But it is a data point and an indicator that we're not at 100% in the sharing department, yet.

I still stand by my 3 conclusions, which most re-bloggers ignored:

1. Labels should get on board with wireless sharing more completely. It's great, and safe!!

2. Zune firmware should be updated to warn you if you're about to try to send a song that simply cannot be shared wirelessly.

3. Even 58% is immensely better than the 0% I can share wirelessly with my iPod.

I love Zune and what Microsoft is doing with it! And I know this will only get even better over time.

- Harvey

Harvey

Zunerama.com

Well after playing with my Zune for about a month I am slightly disappointed. We were told frequent firmware updates. I have recieved 0. My battery is just about shot. I do like the altec lansing speakers and i got them for a deal at best buy. I would highly recommend them. As for the sharing... I did sit across from someone on the bus with a zune. tried to send something... thier wifi was off so like most users wifi is useless. I would love to see more attention given to the wifi ability. it is killing me to see this feature go to waste.

I agree with Harvey. This is a first generation product for goodness sakes. Whether people like to admit it or not, first generation anything ( ipods, zens, windows, osx, ect) are all types of beta testing and everything is a work in progress. It is never done and it is always being worked on and improved.

I felt it was wrong if it was a Sony or Universal thing to block songs, but since its not, then i understand.

just fix it! :D

One thing that allowed the iTunes Music Store (as it was then known) to succeed was the fact that most people (like me) could purchase music online and never "bump" into the DRM technology.

I could buy a song, or a handful of songs, or an entire album. The file would play on the computer I bought it from. It would also play on two other computers. (That number has expanded since then to a total of five.) I've never needed more than 3, personally -- my own desktop, my own laptop, and a work computer.

From any of those computers, I can download those purchased songs to an infinite number of iPods. The most I've had is 3, but each iPod can have every single song on it.

Finally, if I want to listen to my music on a traditional CD player, I can burn it from within iTunes (very easy to do) and it plays perfectly. The only restriction here is that I can't burn the exact same playlist (order included) more than *10* times.

I have purchased a *lot* of iTunes music, and I have *never* bumped into the DRM. The only time it would become an issue is if I tried to do something illegal, like give a song to a friend for free. And Apple tells you up front (with licensing agreements and a sticker on every iPod) to not steal music.

Now, from Microsft's Zune, there are far more chances for a regular user to bump into frustrating aspects of the DRM. Anytime they beam a song purchased from Zune's Marketplace, there's a chance it might not send. *BUMP* Even if they successfully send a song, it will disappear after 3 days or 3 plays. And if the friend hasn't listened to it by then? *BUMP* If I have a Zune Pass, there are still some songs that require individual purchase, increasing my cost to over $15 a month, and I feel like I'm paying twice for the same thing. *BUMP*

Yes, I know the 3-by-3 rule isn't technically DRM, but that's how it feels to the average user. And I know these issues aren't Microsoft's fault, but the record labels. Yes, the Zune can wirelessly transmit *most* songs for a limited time, while the iPod can wirelessly transmit *zero* songs.

But that's not the point. Even though I can't share songs with my iPod, it perfectly fulfills my expectations. No frustration.

With the Zune, there are many opportunities to *bump* into restrictions that seriously harm the user experience. That leads to frustrated customers. (Many hardcore Zune fans have written about very frustrating experiences with these issues, and then apologized on Microsoft's behalf, saying "It's not their fault!")

On paper, it's a very small difference. But in the real world, those frustrating moments can make or break a product. That's the beauty of Apple, and it's something that Microsoft, Sony, Creative, etc. have never learned. For them, the question they are always trying to answer is "What can it do?" They should be asking themselves "How well can it do it?"

The Zune has been minimalized to the point that it can't store phone numbers, automatically download podcasts, or even purchase videos from the Zune Marketplace. But you added a feature -- wireless sharing -- that few people seemed to be asking for. And even then it was a half-ass implementation.

If Apple wanted to do wireless sharing, and the labels forced these restrictions (not all songs can be shared, and *everything* follows the 3-by-3 rule), they would have dropped the feature.

Cesar -- I promise to properly introduce myself in the earlier thread, and soon. I've commented from time to time, and you (and your readers) have a right to know more about me and my music habits. (Not that I'm anyone of note, but still ...)

If you want to play bumps, here are some ones off the top of my head:

Some albums have tracks can not be purchased individually.  You need to buy the whole album.  License restriction.  *BUMP*  (Common to all stores, Yes, including your precious iTunes.)

Some albums have specific tracks that are not available for download at all.  License restriction.  *BUMP*  (Common to all stores, including iTunes.)

You can't play purchased iTunes songs on SlimDevices' Squeezebox or Roku SoundBridge, since Apple won't license Fairplay to anyone.  *BUMP*

You can't play any purchased iTunes songs outside of the iTunes program.  *BUMP*

iTunes won't let me copy unprotected music from my iPod back to the computer.  Just plain stupid.  *BUMP*

Anyway, dumb thread... Zune beaming is fair as is now, but I do agree more providers should allow it.

There have to be a balance when it comes to DRM and the user experience (yes iPod+iTunes is a good example)- Only once in my years of using iTunes did the DRM get in my way, and that's when I stopped using AOL and the one song I purchased (AOL account) no longer sync to my iPod. Welcome to the DRM!

To the person who said the 3/3 is fair, yes the music industry have to protect their content but at the end of the day, lets not forget these DAPs are entertainment devices meant for ones enjoyment of 'their' music/video/and other media. Again, there need to be a balance of protecting the content while at the same time maintaining a great seamless user experience. Whether it was rush or not out the gate, the Zune IMO is lacking that balance when it comes to wifi sharing and is leaning heavily towards the DRM protection side . Now this may not be an issue for most (not many other Zunners to share with), but the Zune is being advertised all over (mainly to differentiate itself) as a DAP that can wirelessly share/beam/squirt songs, so on that it is judged. It is unfair for the person who bought a Zune mainly for this purpose, and bought songs from Marketplace only to find out it won't work as advertised without any forewarning.

Steve -- I think you've missed my point about consumer expectations.

You seem to be making two primary points, and I'll address them one at a time.

1) Not every song is available for individual purchase at iTunes. Some are only available if you purchase the entire album, and others aren't available at all.

You are exactly right. That is 100% accurate. And consumers are used to dealing with that. How many times have you walked into a brick-and-mortar store looking for something specific, only to find that they don't sell it? As a consumer, you have come to accept those limitations at every store that isn't called Amazon.com. Even Wal-Mart, with its huge selections, doesn't carry *everything.*

2) Songs purchased through iTunes only play in iTunes and on iPods (with very, very few exceptions).

Again, you are absolutely right, and that is 100% true. But again, this is a limitation that the consumer understands from the beginning.

When cassette tapes came out, everyone was fully aware that they wouldn't play on their record players. When CDs came out, consumers were fully aware that these new discs wouldn't play on their old players either. They understood those limitations when they bought the product.

I'll admit that the line is a little fuzzier in the digital download age, but I think a majority of consumers are aware of the device limitations, even if they don't understand (or appreciate) the reasons behind them.

I understand that a lot of computer users have a software program they'd rather use than iTunes, and about 20-30% of the market uses portable players that are *not* iPods. It would be great if Apple would sell to these people as well, but they don't.

Again, it comes down to expectations. If you expect to use something other than an iPod, you shouldn't buy from the iTunes Store. If you really hate using iTunes, it would be a really bad idea to purchase music from iTunes.

To put it in practical terms, when would someone who *hates* iTunes run into Apple's DRM? Surely they wouldn't buy music from iTunes if they hate it. The same goes for their personal music player that doesn't even sync with the iTunes program. If your music player won't sync with the software, why would you use it to purchase music?

Again, the difference is that Microsoft is advertising features to its users. And when the users actually do the things they think they can do, they *bump* into the DRM.

You know when would be a perfect time to release a firmware upgrade? When Vista launches!!!!!! 7 days! yea, I wish...... so?

Bah wi-fi sharing, who needs it. I bought a zune so I could download thousands of songs for $15 a month. It'd cost me thousands of dollars to buy all these songs otherwise (i.e. iTunes/MSN music). That's what MS aughta be pitchin'. It'd take 15+ years to equal the same in 'music lease' fees.

caesar: check on SR#1027546812 -- it's a purchased marketplace song that cannot be shared, yet shows the same usage rights as other purchased songs that *can* be shared...what is the problem there?

Pleas, My zune  is formated.

how to obtain the videos default with zune, again?

tanks

This is the big and ultimately fatal problem with the Zune - the ONE thing everyone knows about the Zune somehow involves the odious DRM. Many people, believe it or not, don't even realize that iTunes store songs are DRM'd because they rarely come up against it. With the Zune that's all you come up against. Just terrible.

I haven't used the send feature at all.  This topic is boring..are there any new features coming soon?

I can't stand the "you know what" kissing in the comments.  100% of the songs should be sharable.  100% of the illegal songs are.  Why give the paying customers a harder time?  It's just not right.  This old line of we're working on it is wearing thin.  In fact, they've been working on making my player not skip for about 2 months now to no avail.  We see how that's going...

"Hollywood reporter asks Matt Jubilier about Zune Marketplace limitations"

http://www.youtube.com/watch?v=7TPJ7GQOuzk

Hey BJ, Great posts!!

They just don't get it. It comes down to user experience. Customer frustration will kill the product immediately. I'm very sure the readers of these forums are quite savvy on the computer, but the average "ipod" user the Zune is targeting will just give up.

Remember, it's not what it can do, but how well it does it.

BJ

Itunes can be used on 5 computers - also when released it was 7 it went down not up. With DRM they can change the terms of use and when re-authorizing your license it gets the latest terms no matter when you downloaded.

Burning CDs -  number is 7 identical playlists not 10.

Notwithstanding the "Apple DRM is transparent" crap you read the terms of use you describe covers virtually all online music services. Number of computers authorized or cds burned is usually the only variable. I don't get the up to 5 accounts may be used on 1 ipod limit of itunes, most WMA  drm is unlimited transfers to unlimited devices. Or the no reverse sync built into itunes. The only transparent (non-bump) DRM is no DRM.

I do not understand what an ipod/itunes DRM discussion has to do with a feature the ipod/itunes combo doe not offer.

Bob, you are wrong. Get your facts straight.

The number of burns did go down from 10 to 7.

Authorized computers went up from 3 to 5, not down from 7, at the same time.

iTunes can be transfered to unlimited iPods. Most WMA stores do not support this. In fact, Zune only allows syncing to 2 Zune 5 times per month.

The comparison is apt no matter what you want to claim. Apple's terms are clear and set (yes, they changed ONCE in 4+ years.) They are known prior to purchase and consistent. In the case when it's inconsistent, whether it's needing to buy a track as part of an album or if a track is unpurchasable, this is clear when attempting to buy it.

The Zune Marketplace has a problem in that the terms are inconsistent and not known. You are not warned before or after purchase. You only find out whether or not it works well after the fact.

Not providing that notification is a problem. Complaining about Apple's terms or claiming that it doesn't belong in the conversation does not eliminate that problem.

In fact, this post exacerbates the problem: Microsoft and the studios are both saying: "No, it's not true, we support the feature, but we sometimes don't support the feature, but don't claim we don't support the feature, we support the feature."

No, they clearly do not. And they clearly have a problem.

tim, you are wrong.  Zune Marketplace *purchased* tracks can go to an unlimited number of Zunes.  This is on parity with iTunes & iPod.  Get your facts straight.

Subscription content is a different game entirely, and since Apple doesn't offer it... it can't be compared.

tim

Thanks for the update.

I took "You shall be able to store Products from up to five different Accounts on certain devices, such as an iPod, at a time." from the Apple TOS to be a limit on device transfers. As far as I can tell only Real limits transfers to devices (3) of all WMA stores, but they did use to work with an ipod. I have an older device from 2003 that can play WMA DRM9 but not subscription service. I have never experienced any problems on usability on several different stores. Most of mine are CD MP3 rips.

I still think the best solution is no DRM but the ultimate factor after all is satisfying the RIAA not Apple or Microsoft.

Cesar, don't spin stuff on behalf the team.  When you publish gloss and press releases it destroys your credibility.

Shawn Oster's top comment in this thread is very pointed, and should be addressed.  Why do this handwaving about partners and deals and things, and not simply say:

"Ya, you can't beam some songs available in the marketplace.  We did not advertise this fact, some people may feel this is new information but it is printed clearly in here, here, and here.

Obviously it is not a technical limitation of the device, I made that comment without thinking.  

I'm not personally excited about any limitations on the Zune but there are a lot of companies involved and interests at stake.  We want our customers to be held first.  We hope to have changes that will please everyone out in the near future."

Don't spin Cesar, you're no good at it.

To Tim, if that's true then the terms have changed and Microsoft needs to learn to update its website:

http://support.microsoft.com/kb/928217

Why do I care about subscriptions?

I care that Microsoft is saying:

Buy the stuff and then figure out what rights you have later for yourself because both us and the studios want to claim we support a feature that we don't really support 40% of the time.

I think we're getting off track. What I'd like to know:

a) the Zune is still brown?

b) it still squirts?

Regarding that link: What are you talking about?  That article is generic and only has examples what can be done with Janus DRM.  There is nothing to update.  Read it next time.

tim, do you even own a Zune? Or do you just like complaining? FROM DAY ONE THEY SAID SOME MARKETPLACE TRACKS COULDN'T BE BEAMED. I'm not shocked. I just did a test and I was able to beam 83 out of 100 tracks I picked at random from my Marketplace downloads. Does this mean "83% of Marketplace is beamable?"  No, that just means I was able to beam 83 tracks out of a 100.

Stop with the pointless stats, please.

I don't care about stats either.

Again, I care about the fact that Microsoft is saying:

Buy the stuff and then figure out what rights you have later for yourself because both us and the studios want to claim we support a feature that we don't really support 40%-80% of the time.

My whole point is how often a customer is frustrated by the experience. On an iPod, which doesn't promise wireless streaming (or deliver it), the customer is never frustrated by it.

However, on a Zune, if you try to beam wireless music (from Zune Marketplace), it will fail without warning 17-40% of the time. The actual number is irrelevant, unless it were in the 3-4% range or lower. Then it would be infrequent enough that users could disregard it.

Yes, this only affects music from the Zune Marketplace. But if you're a subscription model person, presumably most of your music would be from Zune Marketplace.

Another thing to consider is not what percentage of songs are beamed unsuccessfully, but what percentage of beamed songs are unsuccessful? (It's a subtle difference in wording, so I'll explain.)

The songs most likely to be transmitted from one person to another are the newest, most popular songs. Yes, everyone has this pie-in-the-sky vision that the tracks being traded are obscure classics and diamonds-in-the-rough that mainstream people haven't discovered yet. But the reality is that people are most likely to listen to (and share) the most popularly downloaded songs. That's why they're the most popular.

So the test done by sampling the top 50 downloaded songs at the Zune Marketplace was fair and revealing. The percentage of those songs that couldn't be wirelessly shared was extremely high. If every third time I try to use a feature, it fails, how am I going to feel about that product?

And to the people who still argue the fact that "With an iPod, you can't share anything!" -- Apple is too smart to release a feature that would fail a third of the time, much less build their product around it.

The most painful part of all of this is the fact that even when the feature *succeeds,* it still sucks, because of the 3-by-3 restrictions.

I disagree the 3 day/3 play limit "sucks" - I think it's fine for the intended use.  They just need enable sharing for all Zune content, no matter if it's self rips or Marketplace.

Amazed and angry...I feel like I am being forced to work with city government or caught in some type of political bearaucracy when it comes to this DRM issue.

For the last few days I have been trying to figure out why some (alot) of my files were saying "this item has expired".  Yes, I bought a Zune Pass for three months and it sounds like several artist are not allowing people like myself to download and play music to the Zune.  Does the artist not get compensated when I purchase a Zune Pass?  I wish I would have read the small print (wherever that is) when I bought the pass!  

It is issues like this and the inability to purchase and listen to music on a ipod or vice-versa that make you feel like you wish the old Napster were still around.  Come on get it together.  It's BS and everyone knows it! -The artists, the consumers, the mp3 makers all have to realize this is a big problem that needs to be fixed.  Wait the lawyer may not realize it (until he buys his daughter a Zune, when he has an ipod then buys her a zune pass for her college Spring Break just to find out she couldn't play any of her favorite songs).

Sorry to rant but, I am just amazed and angry!