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Copy Protection - Scapegoat or Real Threat?

ZenShadow asks: "Okay. The RIAA is screaming about MP3s being a problem because they can be digitally copied and distributed. Now we have this recent slashdot article in which the FCC cites copy protection as a key issue in digital TV standards. My question is this: We've had cassette tape recorders and VCRs for years now, so why is this such a big deal? Is this just an excuse by the industry to hold back the advancement of technology, or is the ease of distribution -really- that much of an issue?"

7 of 403 comments (clear)

  1. Where does this attitude of entitlement come from? by dustpuppy · · Score: 4
    Reading the posts that have been made so far, and in previous articles you get some very common arguments being made such as:
    • RIAA (or whoever) are greedy bastards
    • they are stupid for even trying to copy protect
    • we've been able to do it for years with analogue - what's the big deal
    • I have a 'right' to evaluate music even if I don't own it
    • it's about the bottom line
    • they feel threatened
    • etc etc
    Now don't get me wrong, I would love to pay nothing for my music and video/DVD etc. And I don't claim to be an angel when it comes to never ever pirating *ahem* backing up stuff, but let's get a reality check!

    Someone out there has spent time and effort and probably their own money creating some product be it music, a movie, whatever.

    If you make a copy, that is theft - pure and simple - you have taken something which is not yours. You can try and hide your actions by cloaking it in phrases like 'making a backup', or it 'they won't notice' or whatever, but there can be no argument that it is theft.

    So the big deal is all about protecting what is the legal property of someone. To base a society on the principle that it is okay to steal from others is socially destructive.

    All the other excuses (they feel threatened, bottom line etc) are not the main issue. The main issue is protection of what is legally theirs.

    To feel that the big organisations of the ilk of the RIAA are making a big deal out of nothing, shows the attitude of entitlement that seems to foster amongst many people who whine about the actions of the RIAA.

    Complain about high CD prices - that is fair enough. Complain about someone trying to protect what is theirs, and you sound like someone who has no connection with the values that every society is based on.

    When will people grow up and stop trying to pretend that theft is okay - try taking responsibility for your actions. Why do you think people have this opinion of young computer people being pirates? Could it possible be because they hear comments from pirates trying to defend the undefensible?

  2. legislating the number by cherub · · Score: 4

    I posted this on superspecialquestions.com, the web BBS that M. Doughty (of the band Soul Coughing) runs.

    legislating the number OR i'll chew my audio, thanks.

    The 5% nation has switched from offering an mp3-encoded Soul Coughing recording each month in favor of releasing a greater volume of material in the Liquid Audio format -- the catch being that these Liquid Audio files are only playable for 30 days.

    The deal, as I understand it, is that more music can be released in the Liquid Audio format, since the 30-day timeout makes a future commercial release of the music more lucrative.

    Let me explain why I feel this is a Bad Thing. The issue is complicated, but I'll be as breif as I can.

    Liquid Audio is very different from mp3.

    First, it's a "secure format". That means that (either by patent or trade secret) only Liquid Audio (the company) and its licensees can make players for these files. It also means that you can't easily convert a Liquid Audio track into another format.

    Second, that 30-day time limit is more than just an inconvenience. It raises questions. Clearly I'm not supposed to be able to get around that 30-day limit. But is it a legal restriction, or just a technological one? What's the legal status of a program I might write to to convert a Liquid Audio file into a .wav or .mp3 file? Such programs exist, and they get called "cracks", and talked about as if they're seriously under the table. They're hard to find. Are they illegal? What about the simple solution -- if I get a headphone-plug-to-headphone-plug cable, put one end in the "out" jack on my sound card, put the other end in the "in" jack, and play the Liquid Audio track while I record to a regular wave file? Is that legal? Wave files are easy to encode as mp3s. Am I allowed to redistribute the resulting file?

    If we don't ask questions like these, they're going to be answered the way record companies want rather than the way we (as either fans or musicians) might want. Explaining why those answers aren't likely to be the same is a little bit of a task. I'll do the best I can, and provide links. If you're interested, they'll cover the topic much more thoroughly than I'm going to here.

    About Mp3:
    There is a political battle being fought over the mp3 format. Mp3, like many formats to come (trust me here), makes it possible to store and transfer high-quality audio recordings digitally within reasonable a size range and with reasonable transfer speed. This is becomes increasingly true as storage and network technologies allow for larger and larger files to be reasonable for storage and transfer. Suddenly, it's physically possible to receive and entire albums in digital format over the internet. No one needs to manufacture a CD. No one needs to ship CDs to stores. No one needs to run stores, and no one needs to go out to stores to get music. Record companies are terrified. That's because the business of physically distributing music media is very profitable, and in the near future, it will probably be very outdated -- unless record companies get their way and are able to create an artificial demand for the distribution of music. They've banded together as the Recording Industry Association of America (RIAA) to fight mp3. One of the most effective arguments they're using to convince people that such a system needs to be put in place deals with artist compensation and copyright protection. But before I get into that, here are some links for information on mp3 and what record companies are doing about it:

    http://www.riaa.com/
    http://slashdot.org/ (search for "RIAA")
    http://david.weekly.org/writings/sdmi.php3

    About Copyright:
    There was a time when Copyright made perfect sense. When printing presses were the only way to copy a publishable work, the trade-off was universally beneficial. Printing presses were expensive. Copyright made it possible for people with printing presses to profit from publishing a peice of writing, and didn't limit the rights of people who didn't have printing presses, since they had no reasonable way to copy printed works anyway. People with printing presses were happy, people without printing presses lost nothing of value, and authors could be rewarded for their efforts. When we stretch copyright to cover digital media, however, things get a lot more complicated. Anyone can copy a computer file. In fact, copying digital media is implicit in doing a lot of things that we have other metaphors for as well. To view this web page, for example, you've got to copy it from a server on the Internet. In its journey from that server to your computer, it is copyied between many other computers on the internet that you never have to pay attention to. When it arrives at your computer, it is copied around several times in RAM to get it into a format that will make sense to you, and it is probably copied from the RAM onto your disk for temporary storage to speed things up if you want to view it again in the near future. Then it's copied to a special place in the RAM, which is read by your video card, which then transforms it into the light you're seeing. Then it gets copied about in very similar ways in your eyes, your optic nerves, and in your brain. Worse, the whole web page, like any Liquid Audio track, image, or computer program, is represented within your computer as a number. What are the consequenses of legislating the rights people have over numbers and how they chose to interpret them? Copyright in the present day has become a very complicated issue. It's obviously still important to reward artists and authors for their work, but it's not at all clear how we should do it. Here are some links to pages which talk about what's wrong with the kind of Copyright that many record companies (and software companies before them) are in favor of:

    http://www.gnu.org/philosophy/reevaluating-copyrig ht.html
    http://www.gnu.org/philosophy/dat.html
    http://www.public-domain.org/old.html

    Because of the mp3s released via the 5% nation, I used to count Soul Coughing amoungst the most politically progressive bands in terms of digital media policy. Such venerable (and notably non-major-record-label-affiliated) musicians as Frank Black and They Might Be Giants have released entire albums in the mp3 format. While I'm not sure it's really up to musicians to keep tabs on issues like these, it's certainly nice to see.

    and this is an exerpt from a later post in the thread:

    // I enjoy it when people like my music, but it's MY music. I did it. I put myself into it, and it's mine. I have a right to be compensated for it if you want to use it. The free distribution of mp3's takes away that right//

    I can go out on the street right now and start selling fire. I can make the fire by banging some rocks together near some dry leaves, and I can sell it on sticks. If you've ever actually tried to start a fire by banging rocks together, you know that it's pretty difficult. So it would take a lot of hard work to make that fire. But if someone bought my fire from me, they could just turn around and start spreading it onto other sticks, and giving it away! Shouldn't I have some kind of right to profit from the fire I worked so hard to make? I don't think so. It was just a bad investment. Anyone can make fire cheap, and once fire is made, anyone can spread it cheap. What right do I have to stop them?

    It comes back to the issue of how we're goinging to make music something someone can reasonably do for a living. I don't know how we should do that, but I know that a situation in which musicians get paid because people aren't allowed to do something which is essentially very easy to do will never work out. Getting controlled substances is considerably harder than copying digital media, and look how well the War on Drugs is doing. So why don't we drop that idea and start thinking very hard about what we can do instead?

  3. If the RIAA run the car industry by guran · · Score: 4
    I would never be allowed to lend or borrow a car, or even give a friend a ride. When I purchased it, i signed a single user licence, which states that I alone may use this product.

    If I want a new car, I cant sell my old. The licence says so.

    My car only runs in one region. If I move, or travel I will need separate cars for separate regions. And of cource an imported car won't run here.

    If my car is broken I am not allowed to fix it. I must buy a new one.

    These new cars dont work on some roads. However It is forbidden to modify a car to do so, even if you have the skill.

    Of cource these regulations are only there to protect the intellectual property of the car designers. Hey, they actually get 1 cent for every car sold.

    --

    All opinions are my own - until criticized

  4. It's a paradigm change on the part of the industry by Chris+Johnson · · Score: 5
    It's not that suddenly people are able to copy and they weren't before, and it's not even really about audio or video quality issues, either.

    Put simply, technology never supported an encryption option before, nor would it have been a salable feature for consumers.

    If someone put out a version of the Philips cassette which was impossible to duplicate from, this 'feature' would meet with a singular lack of enthusiasm from consumers. Let's get creative and add that the new Philips cassette not only can't be copied from, but will only play on the tape player that you have, plus there's the option of spending a dollar less for a tape that will play only ten times and then destroy itself neatly without injuring the drive.

    Well, woo frickin' hoo- what a triumph of technology for purposes either orthoganal or hostile to what the consumer wants! This would not fly. At the time of the 33rpm LP, the Philips cassette, even the CD, this sort of thing was not attempted. DAT was 'secure' from unauthorised consumer use- and DAT died in the consumer market.

    The goal of the recording industry, and indeed the movie industry as well, is to establish a new playing field in which none of the power falls into the consumers' hands. You buy your DVD- if you move to another area you have to buy another copy of the DVD for that area's players. Limited-play media are another recurring industry wet dream, especially when confronted with the specter of 'perfect media that lasts forever'. The fact of vastly cheaper media production than the old days combined with raised prices on the grounds of higher quality is nice for the industry, sure, but perfect media copying scares them... hence the paradigm change.

    The change is from rude methods of interoperability (many people make audio cassettes, but they all pretty much play on all the decks you can buy, due to rigorous specs as to the dimensions of the cassette shell and standards for tape speed and dimensions), forced by the reliance on cruder analog media, to the new world of entirely virtual media- media that is no more and no less than a bunch of data. The data is easier to standardize- but it is too accessible! Any clown could write that format, or alternately could suck the data off the disk and start making identical copies. So the paradigm is to treat media, data, like it is hostile software- the word encryption, and especially the word security, give people a sense of potential danger safely contained.

    But whose safety is being protected? Hint: it is not the consumer's. Indeed, in many ways the world of the media consumer, with data that can only be played on regionally localized players, data that is only rented and though you own the container you only are licensed to view the data in certain ways and don't own even the copy you purchased, data that is increasingly way beyond the consumer's ability to comprehend or control- this world is less safe for the consumer than the days of 45s and LPs. The consumer is increasingly restricted, controlled, and where once the idea of a consumer's copying off loads of tapes was seen as an intolerable abuse of the consumer's reasonable freedoms, now we approach an era where the consumer may be literally not allowed to own their own media. Instead, he or she can only be trusted to buy and care for the carrier media for streams of data- which are marked off as explicitly not the consumer's property, and which may be so well defended that the consumer can only plunk a dvd into a player and watch the fiberoptics deliver a tightly encrypted datastream into a black box in a _speaker_... inaccessible, unopenable. One wonders if the music and film industries are devising scuttling charges, so that if evil hacker people try to open the black boxes, they destroy themselves, thus preserving their secrets and forever withholding... the consumer's purchase from the consumer.

    That's the paradigm change, bigtime. Are you buying the data of a song when you buy the CD, or are you only buying permission to listen to the sounds? If you analyzed the grooves of a record to determine the harmonic content of Pink Floyd, would you be thrown in jail for it? Obviously not- the concept is absurd, you own the physical record. Now, what if you crack the encryption to run a fast fourier analysis on the harmonic content of a Pink Floyd DVD? Curious how the activity is the same, but all of a sudden you're in jail for what you are doing with your possession... or is it your possession?


    *sigh*

    I don't know about anybody else but I know where I stand on the matter. I have purchased a modern 20-bit ADAT (an 8 track digital audio recorder) and will be producing music again, after rather a long hiatus. I'll be releasing this music in MP3 and seeing if maybe I sell 'original master' CDs on the side. I also intend to offer free recording to the likes of slashdot nerds who also intend to release mp3s for free. If I end up too busy I might also require that the musician code something and release it under the gpl ;) but anyway, each of us eventually find our own best battlefield. For me it is using my sound engineering and musical skills (which are better than my writing or coding skills) for the purpose of the new media- putting a big-ass stake in the ground of mp3, lest trendy encrypted _crap_ wash it away. And yeah, I'd give up profit for that cause. It's not so much about 'where I want to be' as 'where I'm just not willing to go', and I confess to serious dread and ill feeling over the rage for encryption and redefinition of entertainment media as stuff that's owned by big corporations and only _lent_ to consumers on promise of good behavior. I do not think my behavior warrants my 'license to own music data' being revoked unconditionally- I don't think it's reasonable that I not be allowed to open the box and poke around inside it to see how it works and maybe break it, or maybe get it to work better.

    I build audio gear now- but when I was a kid I killed something like four cassette 4-tracks :) I wanted them to do more! sound better! and I took them apart and tried to do things to make the sound bigger or brighter or just generally more amazing. This usually did not work, but eventually I learned neat and useful things.

    It horrifies me that the kid like me, today, trying to take apart digital media and make it bigger and better, is a criminal- not for plans to make bootleg copies for all his little friends (that wasn't my concern either), but for having the arrogance to want to take apart the media and do it a different way. We now have a situation in which people are harrassed as criminals for simply grappling with information- not government secrets, not 'if you open this the warranty is *buahahaha!*', but criminal liability and court involvement to punish what I was doing for years as a reclusive geeky kid. And I find that quietly intolerable, and cannot coexist with it.

    So geek musicians, keep posted, be ready to travel to Vermont (not like I can afford to do road trips!), because I'm moving as fast as I can, trying to answer this situation with action. I want to get _great_ music out there with sound that meets or beats the best the industry can offer, and have it be data that people can _have_ and do what they wish with. I've made that rant before. On the eve of my wonderful 20 bit adat arriving (yaaaaay!) I am ranting it again. There can be no coexistence with me and the industry- I hope more people come to that realisation within themselves. I'm no pirate and do not steal the music industry's so-paranoidly-guarded wares. In fact, I don't even download mp3s- I intend to make them and _upload_ them. I don't want to make the industry poor, I want to make them irrelevant. >:)

    Cheers, slashdotters. -chris

  5. Damming The Ocean by ewhac · · Score: 5

    I submitted this to Slashdot's Your Rights Online section some weeks ago, but it was rejected. I think the article is pertinent here.

    Recent stories on Slashdot have told of the ongoing "tennis match" between digital content providers versus consumers and technically skilled people. The recent cracking of DVD's Content Scrambling System (CSS) lent ammunition to the opinion held by computing professionals and users that copy protection systems are doomed to fail. The effort has been likened to building a dam against the ocean; a foolish and useless exercise. In Slashdot discussion fora, the point has often been raised, "If you can perceive it, you can copy it. What are they going to do, encrypt the bits all the way to the speaker/electron gun?" If the Copy Protection Technical Working Group gets its way, that is precisely what's going to happen.

    I received a piece of email spam today, which actually turned out to be useful (probably the only time that's ever happened anywhere). It directed me to a flat panel display industry group. Among others, one of the links pointed to the California Display Network, which had a link pointing to technical info on flat panel technology. Since I currently earn my living writing graphics card and display drivers, I clicked through to see what I could learn.

    I found an entry for an overview of digital visual interfaces, provided by Silicon Image. As I reviewed the headings of the slides, one entry stopped me cold: Conten t Protection Status. Content protection? In a flat panel?? Yup: "Implementation of DVI content protection is suitable for PCs and monitors." [emphasis mine]

    Thus began an evening of link clicking and Google searches to find out what this off-handed remark could mean. The slide made mention of the 'CPTWG'. This is the Copy Protection Technical Working Group, a consortium of content providers (movie companies), consumer electronics manufacturers, and players in the IT industry. This is the same group that developed CSS for DVD players.

    One paragraph from the above page is particularly disturbing:

    CPTWG has focused until now only on "casual piracy [sic]", characterized as what a grandmother can do in her home with her DVD. Piracy [sic] requiring even the level of expertise (and equipment) of her grandson, who might be an EE student, has been excluded from consideration. There is a growing awareness that a broader content protection effort may be necessary.

    The most recent meeting of the CPTWG was yesterday, 8 December, 1999. Their meeting announcements may be found here. According to the December meeting announcement, the next meetings will occur on 11 January, 2000, and 9 February, 2000. It costs $100 to attend.

    The attendance roster from the November meeting (PDF file, sorry) lists a very interesting, and possibly worrying, mix of organizations. A partial list of representatives included:

    • MPAA (Motion Picture Association of America),
    • AFMA (American Film Marketing Association),
    • Sony Pictures Entertainment,
    • Universal Studios,
    • Warner Bros.,
    • Disney,
    • Paramount,
    • CEMA (Consumer Electronics Manufacturers Association),
    • MEI (parent company to Panasonic), makers of consumer electronics,
    • Pioneer, makers of consumer electronics,
    • JVC, makers of consumer electronics,
    • Philips, makers of consumer electronics and VLSI components (including video encoders),
    • Sony, makers of consumer electronics, computers, and displays,
    • Toshiba, makers of consumer electronics, computers, flat panels, disk drives, digital cameras, copiers, and laser printers,
    • NEC, makers of computers, displays, printers, and telecomm equipment,
    • Hewlett Packard, makers of computers, printers, and testing/measuring equipment (oscilloscopes, logic analyzers, etc.),
    • Quantum, makers of disk drives,
    • IBM, makers of computers, disk drives, and bunches of other stuff,
    • Compaq, makers of computers,
    • Apple Computer, makers of computers,
    • ATI Technologies, makers of PC graphics cards,
    • Dolby Labs, creators and licensors of audio enhancement technologies,
    • Intel, makers of microprocessors, motherboard controllers, and graphics and peripheral chips,
    • Microsoft, software market monopolists,
    • Dow Chemical (I have no idea why they're here),
    • A number of law firms.

    If you download the roster and read closely, you'll see every major piece of your computer represented. There is no doubt that at least one part of your computer -- your CPU, your RAM, your disk drive, your graphics card, your monitor -- is manufactured by one of these companies.

    If you look further still, you'll see there are no consumer advocacy groups listed.

    What are they all working toward? Quite simply, to prevent you from using your lawfully obtained digital material in any way they don't want.

    Here's one example of how they'll do it: If you've visited Fry's or CompUSA recently, you'll notice that full-size flat panel displays are starting to appear. Currently, most of these displays are based on the old VGA analog signals, which are converted into the digital signals needed by the panels. The Digital Display Working Group is working on a new connector and signalling standard called Digital Visual Interface (DVI) that will allow computer displays to go all-digital. You won't need a DAC on the video card; the digital signals will be fed straight through to the display. Image fidelity will be much higher, since there won't be any intervening DAC/ADC conversions. Version 1.0 of the standard has been published and is available for download (PDF format). The DVI spec currently does not stipulate copy protection measures. However, plans are in the works to incorporate it.

    Intel is one of the primary contributors to this effort. On Intel's developer site, they have some papers on copy protection for IEEE 1394 (Firewire) digital streams. In two separate articles, 1394-based Digital Content Protection: an Intel Proposal, and Content Protection for IEEE 1394 Serial Buses (the latter being a Powerpoint presentation masquerading as a PDF file), Intel outlines its proposal for protecting digital content over Firewire. By using cryptographic authentication techniques, a device offering digital content will "handshake" with other devices on the bus to assure that digital data is only received by, "compliant devices." In a revised overview of the proposal, IDF Talk: Content Protection for the IEEE 1394 Bus, Intel offers concrete implementation details, including:

    • DSS (Digital Signature Standard)
    • Diffie-Hellman key exchange for device authentication,
    • Blowfish cipher for content encryption, with a keylength of 32-128 bits,
    • Digital watermarking techniques to declare "rights" (right to playback, right to copy, etc.) to the receiving device.

    The full proposal (currently version 0.91), with lots of technical detail, is mirrored on CPTWG's site (the links to Intel's site don't work).

    Intel's proposal also recommends that the copy protection system be field-upgradeable to thwart ongoing attacks, and that it should be possible to revoke (read: disable) a device determined to be "compromised." (The tone of the proposals is also interesting. It's previously been thought that, because of USB, Intel is hostile to IEEE 1394. Yet these proposals suggest that Intel's quite enthusiastic about 1394... Once copy protection is incorporated.)

    Intel's proposal mentions only IEEE 1394. However, it also mentions that there's nothing preventing the technique being applied generally to any bi-directional link. So for all occurrences of '1394', substitute 'DVI', and you've got an idea of what to look forward to in your new digital monitor. And your new DVD player. And your new HDTV set. And your new USB speakers.

    Intel goes even further in their paper, A Framework for DVD-Audio Content Protection. In it, the author suggests that DVD-Audio recorders permanently remember the IRSC (International Standard Recording Code) of every song the device is asked to copy, so that it may only be copied once, period. They go on to suggest that the recorder could have a modem built-in to authorize (read: purchase) the ability to make additional copies.

    In short, through this industry consortium, Hollywood proposes to exert control over every link in the digital chain, from the digital camera, to the disk drive, to the CPU, to the graphics card, to your display. They will decide what rights you have. Even if a court decides Fair Use includes multiple copies for personal use (such as assembling a video montage), it won't matter. Your computer will still refuse to make the copies (and probably fink on you, as well).

    This coordinated effort is ostensibly to combat unsanctioned copying (which the industry chronically refers to incorrectly as 'theft' and 'piracy'). However, no one has ever been able to provably quantify the value of unrealized sales due to such copying. All dollar estimates that have been published are just that: estimates, based on idealized extrapolations of what-if scenarios. Moreover, although the industry claims to "lose" billions every year, they continue to post record profits. Finally, despite the proliferation of CDR drives and the Internet, most unrealized sales are the result of organized mass counterfeiting rings, not casual copying. None of the proposed methods I've seen appear to thwart mass counterfeiting at all. So clearly there's some other reason for all this.

    The thing that puzzles me most is why the computer and consumer electronics industries haven't told Hollywood to take a hike. Intel's copy protection proposals state, in bold letters, "No content protection = No Hollywood content." This belief is taken as axiomatic by all the players, and appears to be the driving force behind the entire effort. This belief is also false.

    Audio on CDs are recorded as plaintext, and the music industry continues to earn rapacious profits. Even the with the advent of CDRs, no music industry executive in his right mind would suggest dropping CD sales and going strictly with cassettes and vinyl. If nothing else, the manufacturing costs for CDs are lower than those for cassettes and vinyl. Likewise, DVDs are tremendously cheaper to produce than videotapes. Videotape duplication is a labor-intensive process; DVDs can be stamped out automatically. The savings in cost-of-goods alone would more than balance against any unrealized sales from casual copying. Corporate shareholders, always mindful of the bottom line, will also demand that the studios move to the cheaper, higher-quality process, copy protected or not.

    The fact is that the computer and electronics firms are in the driver's seat, and are free to dictate how the new digital formats will work. Hollywood will use whatever format becomes popular, whether it has copy protection or not. They may grumble about it, but they'll use it. The economics afford them little choice.

    We are only now beginning to explore the social and ethical consequences of a Star Trek-like universe where everything can be infinitely duplcated at zero cost. We have no idea where things will end up. But now is not the time to start erecting electronic walls and imposing artificial scarcity. The ignoble and richly-deserved death of DIVX showed -- fairly unequivocally, I thought -- that consumers want to make free, fair use of their digital media, without interference from outside. I believe its death reinforces the future toward which we've been pushing for centuries: Increased abundance at reduced cost.

    Nevertheless, the CPTWG and the organizations supporting it are blindly moving forward. It may turn out it's impossible to dam the ocean, but they're gearing up to give it one hell of a try. We can only hope that the lesson of DIVX will be repeated until it is learned.

    Schwab

  6. Differences by Gromer · · Score: 5

    There are some major differences between now and 5-10 years ago, which make this a much bigger issue than it was then.

    Copying of movies and music certainly existed then (which is why even really old videos have that FBI warning on them), but it was limited in several respects. First of all, the media you mention, like all media back then, was analog, and duplication of analog media produces an irreducible loss of quality. To a lesser extent, even playback damages them. This means that one can only copy a tape a certain number of times before it becomes useless. Futhermore, real movie/music buffs won't settle for anything less than top quality, which means the original tape as sold by the studio or label.

    This changed with the advent of CD and (recently) DVD. With digial media, one can easily make an exact copy of the original, and digital media generally don't wear out either. This is what terrifies the studios about DVD, and what bothered the labels about CD when it first came out- not the prospect of copying, but the prospect of perfect digital copying.

    More importantly, the difference lies in distribution. 5 years ago, even though CD writers did exist, piracy wasn't a huge problem, except from large, organized pirating operations. This is because there is an irreducible cost contained in the physical media, and the shipping of that media. 5 years ago, if I wanted a song without paying for it, I would have to put in some effort, and a nonzero amount of money, to get ahold of it, whether paying for a blank CD or tape, or making the effort of locating someone with the song to copy from. On top of that, it involved a per-copy cost to the original owner- he must spend the time and effort to make each and every copy. The economic term for this is that there was a nonzero marginal cost for each additional copy. This put a practical limit on piracy- any given disc sold would be unlikely to produce more than, say, 5 pirated copies, and very few discs were pirated at all to begin with, so the problem was small. Imagine trying to pirate a DVD today. DVD CCA smokescreen aside, it's pretty much impossible- you have to find a copy of the movie, a DVD burner, and buy a blank DVD, which costs more than the legit movie does.

    The internet is changing this situation rapidly. With mp3, the cost of distributing a pirated CD is essentially zero. There is a small bandwidth cost, but it is quite manageable thanks to MPEG compression. And, thanks to internet distribution, a single CD could easily spawn thousands of pirated copies, because once the disc is ripped, the marginal cost of giving the mp3s to someone is essentially zero, and so pirates became willing to give even complete strangers copies. On the other end, if I want a pirated song, I can get it for no more than the cost of my time searching for it, with no additional effort or cost to physically ship it or get it into playable form. This has led to a radical explosion of piracy.

    Sooner or later, the same thing will probably happen to DVD. Right now, this is prevented by the combination of a high bandwidth cost and the absence of any software capable of playing a movie directly from a file stored on disc. The CSS crack will address the second relatively soon, leaving only the first. As the mp3 experience shows, that point is probably a lot closer than one might think- only a few years ago, distribution of CD-quality music over the 'net was unthinkable.

    --
    "Never let your sense of morals prevent you from doing what is right" -Salvor Hardin
  7. It's not about IP; it's about control by xiphmont · · Score: 5
    Actually, this isn't a battle over 'the right to copy'. This is a battle over 'the right to distribute'. If the RIAA wins, and SDMI is the only allowed mass music format, who do you think will be handing out the keys (backed by Congress and other industry Big Hitters)? They're already trying to plant their meme: "You use mp3? You must be a criminal." You've already swallowed it. I expect a great deal of America to do the same.

    I'm a small-time artist (or was not too long ago anyway). I don't pirate CDs. I really *do* delete mp3s I download if I don't plan to buy the album (and I've bought many albums after getting to hear a few more of the songs on it). When the predecessor of the RIAA tried to stop DAT, it hurt *me*; it took away a tool I needed to record and distribute my music. The industry tried to stop the VCR, reel to reel, and the compact cassette, all tools I needed and used to their fullest. When the RIAA bans mp3 (not that I think they'll succeed) it prevents me from distributing my own music (and trading legit amateur music with my friends). "You want to distribute music without a contract? You must be a criminal."

    To drive the point home: Heard much from Joan Osbourne recently? No, because her recording label hasn't liked her second album attempts (she wanted to go in a different direction), refuses to release the music and yet retains rights to it all. Her only option is to not record again. Same with XTC (whose contract recently expired), Prince (who is so pissed at Sony he's planning to rerecord *all* of his hits from the 80s). Don't give me *any* line about the RIAA or the music industry having anyone's interests at heart; their own musicians won't come out to back them.

    The RIAA represents corporations with a big fat cow of money at stake. It's common sense: They will act in their own interests. They'll try the easy ways and go for the biggest pot of cash first. That in itself is not greedy or evil (although it is amoral). The tactics they've decided to use are the worst kind of FUD. "You don't believe in the Free Market and Capitalism? You must be a criminal."

    The RIAA wants to turn a battle for artists' rights (that's right; I'm on the artists'-- my-- side) into a piracy story. It is not in their interests for artists to have any freedom. That will cut into their profits, so what do you expect them to do? The DVD Forum (which doesn't particularly like Linux or OSS; they want you to play on platforms they can strike Deals with) are turning a battle entirely about interoperability into a battle about piracy. "You want to watch DVDs with unapproved software? You must be a criminal."

    Monty
    xiph.org