The device isn’t out yet but it’s generating a lot of negative reaction.

Partly based on this:

Zune Insider Blog: Answers to (some) of Your Zune Questions

“I made a song. I own it. How come, when I wirelessly send it to a girl I want to impress, the song has 3 days/3 plays?” Good question. There currently isn’t a way to sniff out what you are sending, so we wrap it all up in DRM. We can’t tell if you are sending a song from a known band or your own home recording so we default to the safety of encoding. And besides, she’ll come see you three days later.

Not to blame Cesar Menendez (Robert Scoble might have done the same thing), but the answer itself really shows that there is something missing in Microsoft’s understanding of music.

This post provoked a number of comments on the same blog and elsewhere:

Medialoper » Zune’s Big Innovation: Viral DRM

Boing Boing: Microsoft Zune will violate Creative Commons licenses

 Buzz Out Loud 314 Shownotes

As a more recent post answers several questions without even paying lip-service to the issue of Digital Rights Management, Microsoft gives the impression that it’s suddenly stonewalling:

Zune Insider Blog: Introducing, and Some More Q’s Answered
Having suffered from the over-restrictive DRM of Sony’s MiniDisc recorders, I think that DRM is one of the main reasons a device might succeed or fail in the consumer marketplace. The MiniDisc had the potential to be the ideal device for those who involve themselves in music (musicians, musickers, music lovers, music researchers…). But even music you recorded yourself was tagged as restricted and required a very expensive “professional” device to transfer digitally to another device, such a computer. Sony changed this only very recently and only for recordings made with current recorders.

In the Zune case, the wireless capabilities have been dreamed of years ago. As a musician, a researcher, and a lecturer, I would be delighted to be able to distribute my own content wirelessly. Just imagine: you record your own lecture, then you transfer it wirelessly to your students. Elegant, selective, seamless, intelligent, efficient. Lecturecasts at their finest. But if that content is to be crippled with an incredibly awkward DRM system, I would much rather use the much less efficient method of posting the audio file to a central server (possibly controlled), give instructions on how to retrieve the file, and wait until the next lecture to hear the complaints.

Of course, even if the Zune did not apply over-zealous DRM on my own content, I would still have to post the file. And one (who probably never taught) might think that the three days or three times restriction is perfectly reasonable for this use. But in terms of putting a product on the marketplace, one must get more insight than this.

It just shows that people at Microsoft sees their users as mere consumers of “content” and big media companies as “owners of content.” Yet the trend now is for “user-generated content,” “social networking,” “viral marketing,” and personal interactions through electronic devices.

Despite all of its flaws, the DRM on the iTunes Store (formerly iTunes Music Store) has imposed itself as a decent enough solution for a lot of people.