Capitol Records, LLC v. Redigi Inc.
Filing
15
DECLARATION of JOHN OSSENMACHER in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - Cloud Storage Articles, # 2 Exhibit B - Rdio Agreements, # 3 Exhibit C - ReDigi Terms & Conditions Par 5 (c))(Beckerman, Ray)
Exhibit A
iTunes Match vs. Google Music vs. Amazon Cloud Drive
1 of 4
http://www.huffingtonpost.com/2011/11/29/itunes-match-google-music-a...
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January 24, 2012
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By RYAN NAKASHIMA 11/28/11 01:51 PM ET Associated Press
React
LOS ANGELES -- In recent weeks, Apple, Google and Amazon.com have each launched the missing puzzle piece in their
wireless mobile music systems.
Apple enabled storage and delivery of your songs over the Internet through iTunes Match. Google started selling music
digitally. Amazon shipped an electronic-books device, called the Kindle Fire, that does much more than books.
With those additions, each system now lets you buy songs, store them on faraway computers called the cloud and retrieve
them wirelessly on devices connected to the Internet.
But which system do you want to live with? It's a choice you can't make lightly because these companies don't play nice with
each other. Once you've adopted one, it's hard to switch.
If this were the Music Cloud Wars, then Apple's iTunes Match would be winning – but not by much.
Here's a quick primer, along with a few ways to get in and around their digital barriers.
___
iTunes Match.
There's a good chance you are familiar with iTunes. The software is on millions of computers, and many of you have iPods,
iPhones or iPads that let you consume content bought through the iTunes online store.
1/24/2012 11:27 AM
iTunes Match vs. Google Music vs. Amazon Cloud Drive
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http://www.huffingtonpost.com/2011/11/29/itunes-match-google-music-a...
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ITunes Match is a $25-a-year service on top of that. It sees everything you have in iTunes and matches it to copies Apple
already has stored in the cloud. Songs not already there will be uploaded from your computer to a personal locker in the
cloud.
It's alone among the three to let you download songs to iPhones and iPads wirelessly. That means a full copy of the song is
stored for listening anytime, rather than streamed on demand over wireless networks, which can be spotty. There's nothing
more annoying than having your songs stop and start as your connection flutters.
You can have up to 25,000 songs on the service, plus an unlimited number bought through iTunes – great for those with
large music collections. Of course, most of you won't fit 25,000 songs on your device, so streaming is an option for songs you
haven't downloaded yet.
If there's a tune you want to listen to offline, just tap an icon. It takes only a few seconds, and you can start listening before
it's done.
One major caveat: You need an Apple device to use this, and specifically a newer one with Apple's iOS 5 mobile software.
You're out of luck if you have a phone running Google's Android system, for instance.
___
Google Music.
Using Google's free Music Manager program, you upload music you own into Google's cloud. Unlike Apple, Google doesn't
have songs preloaded, so this can take hours or days.
Google Music works best with an Android phone or tablet computer. You simply download the Google Music app to your
device. Voila, your songs will be available for streaming. You can save songs for offline playback by "pinning" them with a
digital push pin icon.
The service stores up to 20,000 songs, not including those bought through a companion music store run by Google. That's
not as many as iTunes Match, but it's free.
I like Google's music store because it offers plenty of bargains. I found Coldplay's latest album, Mylo Xyloto, for $5 – half the
price on iTunes. Google plans to release lots of free music, too.
I also like that if you buy from Google's music store, you can share the songs with friends on its Google Plus social network.
They get one full listen for free – that's something not available anywhere else.
One downside: Google's store isn't as extensive as Apple's or Amazon's. For instance, it's missing songs from Warner Music
Group, which accounts for about 20 percent of music sold in the U.S.
Google Music also isn't a great option for users of Apple devices.
Google found a way to make the system work on iPhones and iPads through Apple's Safari Web browser. It has a surprising
app-like feel because of the way menus respond to touch. But you won't be able to store songs on your phone for offline use.
There's also a trick for Apple users to take advantage of music deals: Download the songs onto a computer, put the music in
iTunes and upload the songs into Apple's cloud through iTunes Match. It's not pretty, but it works.
___
Amazon Cloud Drive.
The new Kindle Fire completed Amazon's music system, though it's not required. It works fine on Android devices through the
Amazon MP3 app.
1/24/2012 11:27 AM
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Released in March, Amazon's cloud storage system is free for up to 5 gigabytes of storage – roughly 1,250 songs. If you
bought Lady Gaga's latest album, "Born This Way," in a 99-cent promotion in May, you'll have 20 GB of space – good for
about 5,000 songs.
Amazon's uploader works about the same as Google's. It could take hours or days to get your songs into the cloud. But once
there, you can stream or download songs to the Kindle Fire or to Android devices.
Like Google, Amazon sells songs and albums at a discount to iTunes, and its long-running music store has a selection
comparable to iTunes.
Amazon has also found a way to make its system work on Apple devices, using Safari as well, but that workaround is clunkier
than Google's and doesn't support downloads either.
One other downside to Amazon's service is that you'll likely have to pay for cloud storage, as you do with iTunes Match.
Having 5 GB of storage for free is kind of meaningless because most mobile devices have that already. The Kindle Fire comes
with 8 GB on board. For a limited time, you can get 20 GB of storage for $20 a year – and most music files won't count
against the total.
___
Although there are things to like about Google's and Amazon's systems, they both favor streaming, which isn't how I want to
listen to music when I'm not at a computer.
Apple's iTunes Match is fundamentally more oriented to work with downloading in mind, and it meshes well with your existing
song library, either on your device or on your computer.
The iTunes store is also set up better – showing what's new and popular, and acting as a barometer of popular culture.
Google promotes what's free and Amazon emphasizes its bargains, but those picks aren't always what I'm looking for.
Ultimately it's great to have cloud services out there. It has helped me organize my music collection and reconnected me with
songs stuck in the recesses of my computer.
In the end, though, these services ought to be as free and easy to access over multiple devices as email is. Instead, they
come across as tools to get you to buy this or that device. And we shouldn't be made to pay for a song once and then again
when we store it.
Music in the cloud has promise, but it hasn't fully delivered just yet.
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1/24/2012 11:27 AM
With iTunes In The Cloud, Apple Under-Promises And Over-Delivers | T...
1 of 2
http://techcrunch.com/2011/08/30/itunes-in-the-cloud-streaming/
MG
SIEGLER
Tuesday, August 30th, 2011
As the summer winds down and we near the fall, we know two things are for sure about to enter existence in the world of Apple:
iOS 5 and iCloud. Given that both offer third-party developers various opportunities, both are in the process of being tested by that
community. And that means things are starting to leak out. Tonight brought perhaps the biggest surprise revelation yet: iTunes in
the Cloud will support streaming as well as downloading of music.
Now, before everyone works themselves into a tizzy yelling “FIRST!!!”, yes, it’s true that other music services have offered
cloud-based streaming before — notably both Google Music Beta and Amazon Cloud Player this past summer. But neither of
those is iTunes, the largest music retailer on the planet (online or “offline”). And there are plenty of other services that are
streaming-only. It now seems certain that this fall, iTunes will offer both cloud downloading and cloud streaming.
And this is a big deal because during the iCloud unveiling at WWDC in June, Apple didn’t say a word about streaming. This led
everyone to believe the feature wouldn’t be implemented when the service launched — a disappointment, for sure. But it now
appears that Apple pulled the old “under-promise, over-deliver” trick. iTunes Match went live to developers for testing earlier
tonight and music streaming from the cloud is already up and running (http://www.macrumors.com/2011/08/29/itunesmatch-allows-both-streaming-and-downloading-of-music/) .
It’s entirely possible that Apple didn’t announce streaming at WWDC because they didn’t yet have the music labels’ permission for
the feature and now they do. It’s also possible that they don’t feel they need the labels’ permission — after all, neither Google nor
Amazon obtained it before launching their services, and both are still live. It’s also possible that the MP3tunes decision
(http://torrentfreak.com/mp3tunes-wins-in-landmark-cloud-piracy-case-against-emi-110823/) last week affected Apple’s
position. Regardless of how it happened, it happened. And that’s great news for everyone.
It also shows Apple’s prowess when it comes to the little customer delights. Apple announced iTunes in the Cloud and people
were excited, but a little letdown by the functionality. But Apple was also announcing it at least four months prior to launch —
something they don’t typically like to do with products. When iTunes in the Cloud finally does fully launch, Apple probably wants
a few other surprises to show off at the unveiling (undoubtedly at the fall event, which typically is focused around music). One of
those can now be music streaming from the cloud (though a bit spoiled by the developer leaks tonight).
1/24/2012 11:25 AM
With iTunes In The Cloud, Apple Under-Promises And Over-Delivers | T...
2 of 2
http://techcrunch.com/2011/08/30/itunes-in-the-cloud-streaming/
1/24/2012 11:25 AM
Amazon Beats Apple And Google To Cloud-Based Music Storage/Streami...
1 of 2
http://techcrunch.com/2011/03/28/amazon-cloud-drive-player/
MG
SIEGLER
Monday, March 28th, 2011
Well, the rumors were true. Not only is Amazon entering the “music locker” space, they’re doing it before both Google and Apple
— as their “Cloud Drive” and “Cloud Player” have just gone live (http://www.amazon.com
/b/ref=amb_link_355091782_4?ie=UTF8&node=2658409011&pf_rd_m=ATVPDKIKX0DER&pf_rd_s=center2&pf_rd_r=1XCE7Q7BHQQA2C69H0SW&pf_rd_t=101&pf_rd_p=1291940422&pf_rd_i=163856011) on their site
tonight.
Cloud Drive (https://www.amazon.com/clouddrive/learnmore) is the name Amazon is giving to its media storage space on
their servers. They give you 5 GB of storage for free and allow you to access the media from any computer. Cloud Player is the
name of yes, the actual player. And it comes in two flavors: a player for the web (https://www.amazon.com/gp/redirect.html
/ref=amb_link_355702102_2?location=https://www.amazon.com/gp/dmusic/mp3/player&
token=661ABEA050EC7ED103349320C53489637F654274&pf_rd_m=ATVPDKIKX0DER&pf_rd_s=center3&pf_rd_r=1PFKDQWGBTRZK80JMDHH&pf_rd_t=101&pf_rd_p=1292120922&pf_rd_i=2658409011) , and one for
Android (http://www.amazon.com/gp/feature.html/ref=amb_link_355702102_4?ie=UTF8&docId=1000454841&
pf_rd_m=ATVPDKIKX0DER&pf_rd_s=center-3&pf_rd_r=1PFKDQWGBTRZK80JMDHH&pf_rd_t=101&
pf_rd_p=1292120922&pf_rd_i=2658409011) devices. You’ll note an absence of an iOS player…
A bit more:
Any album bought through Amazon MP3 is stored for free in your Cloud Drive — a very
nice perk
1/24/2012 11:26 AM
Amazon Beats Apple And Google To Cloud-Based Music Storage/Streami...
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1/24/2012 11:26 AM
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After our great user experience we decided that the #1 Cloud Storage provider is Just Cloud.
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Why Cloud Storage?
With most homes now totally relying on their PC to store all their photos, videos, music and documents Cloud Storage is a must, especially
with increasing computer viruses and hard drive crashes due to inferior components continually being used by big brand suppliers.
Cloud Storage Articles
The Latest about Cloud Storage in the Technology World
When you think of Cloud Storage it is growing by leaps and bounds as more and more people use the internet for their daily business
needs. You will be surprised to know of how many people who are aware of the term and have used this kind of storage option for
themselves. Cloud computing is all web based and people get to share common resources in the form of software that allows them to
access their information from anywhere. This works to be an off the site information storage space that is provided as a service. There are
third parties that operate and administer this either as an absolutely free or paid service. Therefore, you get to not only save your precious
data on a hard disk but also on some distant commonly shared server so that in case of an emergency you will still have all the data intact.
There are plenty of such service providers and they are growing by the day since there is a demand for this kind of service. The free ones
get you storage space of a minimum amount whereas the paid ones enable you to opt for the amount of storage space that you will
require. There are plans and packages in place for cloud storage and you can choose from one that best suits your individual as well as
business needs. Also, check out the credentials of the service providers before you opt for them.
The Demerits of Cloud Storage in Cloud Technology
Cloud technology and online storage is the latest in the world of technology. However, just with everything else in life, it too has demerits
linked with it. The moment that you opt for cloud storage options you lose control. The data that you store is not with you but in the hands
of a third party owner. This means that you are not in the possession of the data the way you might have been in the case of having had it
on your laptop. The other major demerit looming large is what if the company that you have entrusted to store your data online decides to
shut shop and vanish. This could mean that all your data also vanishes along with them. That is the reason it is all the more imperative
that you select a company that has been around for a long time and you can go on to bank on them. The other thing about the online data
is how secure and well protected it is going to be. You do not want your data to fall into the hands of hackers or get virus infested. The
right kind of encryption processes need to be in place that use the best and most updated of technologies. This will enable you to be able to
know for one hundred percent that your data is in good hands. You can also go on to choose a password that is really strong and cannot be
hacked easily. However, even with some drawbacks, the benefits still greatly outweigh them.
How do I use Cloud Storage to its Maximum Potential?
Cloud Storage is the latest buzz in the IT world and it grants several merits to its users. If you have been left asking 'what is it?', then read
on to find the answers. It is a storage option in the virtual cloud space online. It is usually a public space that you can buy access to as your
needs increase. I have used this kind of storage option and found it to be easily accessible in the most convenient of ways. Also, when you
get the options of buy as you need, you do not have to spend money unnecessarily on more storage options when you would not need
them. The providers of this service have the requisite infrastructure in place and whenever I need to scale my storage options further I just
need to contact them. They use a grid form of architecture that allows users in different diverse locations to be able to gain access from a
single storage point. These users can be using any kind of these two technologies that are there in the form of tight or loose clusters. The
storage manager will be able to see the final interface. The user will get several benefits coming their way by the use of this model of cloud
technology. They will be able to affect their bottom line greatly if they were to implement this and get themselves the winning edge for
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Cloud Storage and Secure Syncing
File storage and secure syncing for small businesses and individual users using cloud storage has changed how we store our important
documents and other files forever. It has made files more accessible and has allows small businesses and individuals to take their
documents wherever there is an internet connection. Several companies offer this type of cloud service and now almost everyone uses this
type of service. Public cloud storage is especially beneficial to businesses and allows all employees to have access to certain documents.
Now businesses never have to worry about losing important files because they were not backed up. In addition, cloud technology
synchronizes all files to any computer or mobile device so not having a document with you is a thing of the past. Some companies that
offer cloud technology to users not only have file storage and synchronizing to any device but some companies include security. Some are
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the way that we back up and store our files. The technology is very easy to use and offers a safe, secure and easily accessible way of
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looking for the right cloud storage solution, then check out any of the companies that we review on the front page. You can get some
terrific information to assist you in your final decision.
Cloud Storage and the Speed of Doing Business
Cloud storage has become an absolute necessity in the world of business from the small mom and pop stores to national changes and
major corporations. With a global move towards green technologies, cloud storage services are an ideal way for companies and private
1/24/2012 11:35 AM
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users to move quickly towards a paperless world. Data centers are now converting to solar and wind power in many parts of the world to
reduce the drain on global energy resources and cloud storage users are benefiting and making it a possibility. In concert, the changes to
the way the world transmits and receives data with the cloud as an intermediary, will bring about major reduction in overall power
consumption, thus reducing the need for fossil fuels. 2012 will bring a lot of changes in technology when it comes to cloud storage and
other cloud services. We can expect to see a lot of new and faster ways in which to store our files instantaneously as ISPs implement new
technology on a mass scale. In 2010 and 2011, ISPs throughout the US have had new methods of data transfer in beta testing and with
those tests being highly successful, the roll out of that technology will start taking place around the middle of 2012. This will mean much
faster transfers but also seamless continuity in streaming. Because of the major increase in devices requiring bandwidth, ISPS simply had
to increase their speed or potentially fall by the wayside.
Cloud Storage is not a New Technology
Cloud Storage has been around for a very long time and it was not until someone put a catchy phrase with it, that it suddenly took off. If
you own a computer or an Xbox, iPad or Kindle, then you are probably already familiar with or now familiarizing yourself with what cloud
storage can do for you. Pretty neat stuff right? Over the holidays, I had to explain what cloud storage is to several older family members.
These are people in their late sixties and early seventies that are still vital and love new technology. Most were given some type of Kindle
type device and had to have it setup as simply as possible. Trying to explain cloud storage did not prove to difficult. It is where your files
are saved off of the device in your hand. Simple enough and easily understood. The big problem came in explaining how to actually use the
device and the touch screen, but that is a completely different story. Cloud storage is a household word now and in your household, if that
is not yet the case, then it soon will be. Your television shows will be stored on the cloud, movies, music, and family photos. It is just the
next step in where we are going with technology. Luckily, there is not too much hands on experience required and most of the new devices
already have it setup automatically, so the inclusion of this new technology really will not take too much effort on your part.
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1/24/2012 11:35 AM
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1/24/2012 11:31 AM
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1/24/2012 11:31 AM
mSpot brings cloud storage and streaming music service to Android | And...
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Posted by Joe on May 26, 2011 | no comment | Filed under : Streaming Media
Google has been a little busy sending out invitations for its cloud storage service, but that hasn’t stopped others
from rolling out the same. If you’re still waiting for that invite, you might want to check out a new service from
mSpot. Actually, there are two new services that work hand in hand. The first is that cloud storage service. The
second is streaming radio. You might like your Pandora or Slacker — even the new Slacker Premium — but
mSpot’s streaming service adds a personal twist that the others don’t quite have.
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2TB Cloud Storage: $16
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The cloud storage works as you might expect. You can head over to
mspot.com and sign up for a free account. From there you can upload
your music, up to 5GB for free. After you download the Android app,
you can access those songs from the cloud. This is clearly a feature that
we’ll see more of in the coming months and years. Everyone seems to be
releasing a cloud storage service, since it means streaming without using
on-device memory. mSpot is also offering a premium plan, which allows
you to upload 40GB and access those songs from up to five mobile
devices (from the free plan you get just one device). That costs $3.99 per
month, which is pretty reasonable given the cost of other music services.
Appears on your computer like any disk drive.
Access files anywhere.
What really interests me about
mSpot is its new Radio Spotter,
which is a streaming radio
service. That might not sound much different from what we see from so many
www.livedrive.com
1/24/2012 11:32 AM
mSpot brings cloud storage and streaming music service to Android | And...
2 of 7
http://andgeeks.com/streaming-media/mspot-brings-cloud-storage-and-str...
other apps. But this has an interesting twist, since it determines your tastes based
on the music you upload. This is easier for the user than defining the bands and
genres you enjoy. With mSpot you can skip all that and move right onto the
listening part. As long as it doesn’t play too many songs from your actual locker
— that would pretty much defeat the purpose — it figures to provide a
personalized radio station on the level of Pandora and Slacker.
In addition, mSpot has its own collection of genre-based streaming radio stations.
With these you can flag a song, so that you can purchase it later. This works right
with the Amazon MP3 store, which you very well might have on your Android
device already. It also provides lyrics for songs, which is another popular feature.
Basically, mSpot takes features from other popular music services and combines
them into one. It certainly has its shortcomings, but as a free offering I haven’t
seen much better. Once you sign up for your free account at mspot.com, head to
the Market to download the mSpot app. From there you should be off and
running.
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1/24/2012 11:32 AM
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Why Use an Online Storage Service?
At any given time, the precious and irreplaceable files stored on your personal hard drive are susceptible to damage
through a vast array of threats, from accidental erasures to natural disasters. Online storage services provide an
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Online Storage Services: What to Look For
Online storage services all provide the same basic functionality of internet data storage, but they can differ greatly
when it comes to features and storage space allotments. Before choosing a service, it ís crucial to evaluate your
storage needs and the quality of the service. The following are the criteria we used to assess the top online storage
services in our lineup.
Features
Online storage services should provide practical features that make uploading, accessing and sharing your
files easy. We looked for the ability to share files, schedule backups and create sub-accounts for additional
users. An online storage service should also provide remote and mobile access to your account, so you can
access your files from any internet connection no matter where you are.
Security
Security should be a top priority when it comes to choosing an online storage service. Online storage
services should employ robust security measures to safeguard your files during transmission and when
stored on their servers. These should include, but aren't limited to, SSL encryption when files are transferred,
password-protected accounts and multi-level security.
Storage Space
The best online storage services offer ample storage space for a reasonable price. In our lineup, we included
services that provided several gigabytes of storage for a low monthly price.
Ease of Use
We looked for online storage services that are powerful yet simple enough for the average consumer to
understand and use. A clean, intuitive account interface should foster easy navigation, and uploading files
and software installation, if required, should be straightforward. A good online storage service will allow you
to begin uploading files to your account within a few minutes.
Help & Support
Even the most user-friendly online storage services should be supplemented with useful help and support
options. Troubleshooting and technical resources should be available, including tutorials, FAQs, user
manuals and community forums. Direct customer support should also be offered by the manufacturer via
telephone, email or online chat.
Online storage services provide secure and easily accessible cloud storage that allows you to view and share your
files from anywhere, anytime. You can free up space on your hard drive while ensuring you'll never lose your
personal files.
1/24/2012 11:37 AM
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