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BMG Backs Down Over Copy-Protected CD

An anonymous submitter sends in: "As reported by The Register, on the 5th of November, BMG released the UK's first copy-protected CD (more information on Eurorights and Fat Chuck's). It uses Cactus Data Shield by Midbar Tech, which aims to prevent CD to CD or digital CD to Minidisc copying, along with converting to MP3, but may have other bad side effects." The submitter continues: "There were complaints from fans and many took their CDs back or wrote to the record company and record shops. Their hard work seems to have paid off since Virgin Megastores has responded to a complaint from one of their customers and said that BMG has set up a helpline to allow people who bought the corrupt version, to exchange it for a real one. Virgin and HMV will also be bringing in new stock of uncorrupted CDs. The message was originally posted to the Official Natalie Imbruglia Bulletin Board (free registration required) in the "White Lies" and "Lillies vs Cactus" threads, but several threads containing complaints against Cactus Data Shield have been deleted so the email has been mirrored on the Free-sklyarov-uk mailing list. This is very good news, but more work needs to be done. Hopefully with pressure from the public other retailers will follow Virgin's example. Also record companies need to be made clear that selling copy protected CDs, that infringe on the public's rights, is not acceptable. The battle isn't over until no new CDs are shipped in these formats so if you find a CD that is copy-protected then report it on Eurorights for the UK, or Fat Chucks for elsewhere, take it back to the shop, and let them, and the record company know your feelings on the issue."

15 of 200 comments (clear)

  1. hmm by nomadic · · Score: 3, Insightful

    I think the recall probably had less to do with consumer feedback and more to do with the fact that they could have been liable for damage caused by copied CDs, especially since fair use law allows you to make copies in certain situations...

    1. Re:hmm by Jebediah21 · · Score: 2, Insightful

      I think the recall probably had less to do with consumer feedback and more to do with the fact that they could have been liable for damage caused by copied CDs, especially since fair use law allows you to make copies in certain situations...

      I doubt it. The RIAA isn't concerned about rights. They have spun the situation so well that almost everybody believes making a digital copy for any reason is theft. If a few hundred people have damaged hardware from these CD's that is the price that must be paid for trying to steal their music. The RIAA is a cartel, and cartels do not care about rights.

      --

      Everytime you look at porn a devil gets their horns.
    2. Re:hmm by acceleriter · · Score: 2, Insightful
      A lawyer would cost a hell of alot more then a new pair of speakers or even a speaker/stereo combination. The record companies know this and this is why they don't give a rats ass about consumer rights or about potential lawsuits and went along with the new format. They know they can't be sued by individuals due to costs involved.

      Two words: class action. This is the kind of attitude that suing as a class was made to defeat.

      --

      CEE5210S The signal SIGHUP was received.

    3. Re:hmm by Sloppy · · Score: 4, Insightful

      Er, I think you missed the point. They don't need to be concerned about rights; they just need to be concerned about covering their ass against liability. If there's $10 of profit in selling each CD, but 1 in 10 CDs sold results in a $1200 damage claim, then they lose money since $100 is less than $1200. You don't have to be sensitive to rights to be able to compare numbers.

      What a lot of people are missing, I suspect, is that audio CDs are a real standard, and because of that, there is a very wide variation in implementations. When you violate the standard, there's no telling what some of those implementations will do. What I'm getting at, is that if copies of these CDs could damage equipment, then it is very likely that the originals could damage equipment as well!

      If you willfully corrupt a CD and then sell it, you're taking a big risk. Up to now, the risk has been that your customer won't be able to listen to the music they bought, generating bad will and returns. But this scheme ventures into the realm of physical damages. I guess BMG is having second thoughts about getting into the losing money business. Smarter than your typical dot-com, eh? ;-)

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  2. Re:i don't care by Gorgonzola · · Score: 4, Insightful

    It is not so much whether they actually believe uncrackable formats are possible, it is much more whether they believe if it is possible to deter Joe Sixpack from casually copying their stuff.

    The professional, so-called pirates, will get around anyway, but Joe Sixpack doesn't generally buy many bootlegs. The proverbial geek in the basement and the hardcore fans do not add up to enough marketshare to count.

    Most readers here forget that having a flawed protection is perfectly rational as long as it keeps the masses buying your stuff. It is the difference between a managerial and an engineering mindset, the difference between good enough and technical perfection.

    --
    -- Spelling and grammar errors tend to be a sign of erroneous thinking.
  3. Kind of redundant by Fat+Casper · · Score: 2, Insightful
    Michael Jackson is already copy protected- I won't put a pedophile on my computer.

    Still, it is nice to see that they've come up with a "protection" method that pisses off non-geeks. They're the ones with the numbers that'll make returning defective merchandise really hurt.

    It takes balls to pretend that they're looking out for the artists. Piracy can't come close to hurting them as much as the RIAA does every day. It doesn't even occur to them that I might want to store my music somewhere usable instead of on a shelf. Bastards.

    --
    I spent a year in Iraq looking for WMD and all I found was this lousy sig.
  4. generic anti-protection arguement by vectus · · Score: 4, Insightful

    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."
    - Plato


    Copyright protection will never really work out, because those who want to break it, will break it.. and those who follow the law anyways, won't bother with breaking it.

    I have some pirated mp3's on my computer, but they are of bands whos cd's I would NEVER purchase. Generally, if I like even two songs off of the same CD, I go out and buy it.. and most other people out there are similar in nature. The RIAA is just shooting itself in the foot with all their crappy attempts at copyright protection.

    I mean, the arguements against copyright protection have been posted here so many times, I think we all know the reasons that it will never work out.. I guess all we can really do is crack all of the crappy little attempts RIAA members make, and then laugh at them for dumb things like this.

  5. Re:i don't care by crowke · · Score: 4, Insightful

    My opinion about the piracy-stages in music & movie protection:

    1. some nifty guy cracks the protection
    2. it gets rumour on the net the protection has been cracked
    3. the hardcore crackers start using it
    4. the advanced PC user uses it
    5. some company releases a software package that allows even my grandmother to avoid the protection...

    I think about this because yesterday I saw an advertising for a budget sotwarebox which allows everybody to rip DVD's to DivX and burn it on CD with an easy point&click interface for less than $20... It just remembered me about the early DVD-rip days when you were almost a hero if you could rip a DVD :)
    In the early days of MP3, you had to use non-UF commandline tools to rip a CD, nowadays even Windows has it's own ripping tool :)

    It's only a matter of months before these "ripping4everybody" tools implement the latest protection-bypassers.

    I guess these new protections only help small software companies sell the newest version of their copy-tools...

  6. Bottom Line by TACD · · Score: 3, Insightful
    It's such a shame to see the (inherently good) idea of copyrighting, patenting, copyprotection etc. all coming down in such a shambles.

    I just sit back and laugh, personally. Because if it is possible for the medium to be recorded and perceived originally, then it can be again. This is why there will never be an end to forgery, illicit copies and that sort of thing.

    On that note, why has the music industry not taken a tip from mints? After all, why don't more people forge money all over the place? Because it is too expensive. (i.e. Printing equipment, speical paper, etc etc.)

    Just remember it is not the copying that is the problem, it is the distribtion.

    --
    Security through promiscuity is no better than security through obscurity.
  7. Good news, but more work still needs to be done. by sjmurdoch · · Score: 3, Insightful
    I'm glad to see BMG have been forced into seeing sense. Hopefully BMG will have lost enough money in this pointless exercise so that they won't try this sort of trick again. I also hope they realise that to customer loyalty is easily lost, but hard to gain so they need to treat the public with more respect. Virgin Megastores, in contrast, have the right idea, they seem to actually care about their customers. Top marks for them!

    Also I wholeheartedly agree with Virgin's statement: "As retailers we do support the fight against copyright theft, however this should never be at the expense of the customer."

    I have no objection to meaures that prevent only illegal or immoral behaviour, but by preventing digital copying the record companies are preventing the public from making legitimate, legal and moral uses of their CD, such as making a backup copy for safety reasons or transferring to a MP3/Minidisc player. I am also unconvinced that such draconian measures need to be put in place since the availibility of MP3s has not been shown to decrease CD sales, in fact the contrary seems to be the case, as shown in the paper "The Use of Conventional and New Music Media: Implications for Future Technologies" by Brown, Geelhoed and Sellen (2001).

    This paper argues that intangible files, such as MP3s will never replace the role of physical objects such as LPs, CDs and casettes since music enthusiasts are collectors, and just the ability to listen to music is not enough, rather a tangible object is desired. Instead of trying to eliminate duplication of Music (which, both historically and technically, can be seen to be impossible), they would be better to use it to their own advantage, which would help them, the artists and the public.

    --
    Steven Murdoch.
    web: http://www.cl.cam.ac.uk/users/sjm217/
  8. Re:Public Awareness by Dynedain · · Score: 2, Insightful

    Although these things may be readily broadcast on European channels, don't expect too much in the US. When the media is run by for-profit, private companies, instead of public supported channels like the BBC, things often fall wind to the whims of the owners. Remember, AOL/Time/Warner is now a television media provider (WB Network, CNN, Turner Networks,...), internet provider (AOL, Compuserve, and purchase of broadband networks...including the plans for ATT and !Excite) a television service provider (see cable, ATT and !Excite) a internet content service provider (AOL, Compuserve, etc.), a print media provider (Time/Life, etc.) a music producer (Warner Music), a major motion picture producer (Warner Bros.), and obviously a major member of the RIAA.

    When media becomes corporate, discouraging news about parent companies/corporate partners is often convieniently "not newsworthy." How much coverage has NBC given to unfavorable events for Microsoft? Virtually none because they are partners in MSNBC. Just like that don't expect to hear news of these bad CDs being mentioned on any sations on the WB network, and especially not on America's pride and joy of unbiased pinnacle television and magazine news sources: CNN and Time.

    --
    I'm out of my mind right now, but feel free to leave a message.....
  9. Probably even simpler than this by fleabag · · Score: 3, Insightful

    First up, this is pure hunch, so flame on if I'm wrong. There seems to be two pieces to this problem:

    1) The TOC appears to be nailed so that many players looking for data can't find it. Stereo components look for the lead in track - not the TOC, so they are unaffected. PS2s and PCs look for the TOC - hence are affected.

    2) If your player overcomes the TOC issue, then the data itself is full of errors that can be fixed by a domestic D-A converter, but not by blindly accepting the data (as PCs tend to do if the CRCs stack up). The algorithms in the domestic D-A converters are well known.

    Neither of these problems seem impossible to resolve. I give it 3 months before all rippers have a check box labelled "rip as domestic CD player" or similar. This is not an "encryption challenge". It is a challenge of emulating a domestic CD player's D-A converter in software. This is the achilles heel: they have to maintain compatability with the huge installed base of CD players out there.

  10. Re:Flame bait? by Anonymous Coward · · Score: 1, Insightful

    ... you're missing the point. trusted-client, symmetric-key crypting of media (e.g. css) is dead, and can never be resuscitated, because all it takes is one smartass to recover the key and crypting algorithm (by examining any css- [or whatever technique] licenced app. it's not going to protect anything ever.

  11. Re:Former record retailer viewpoint by Anonymous Coward · · Score: 1, Insightful

    Thing is, one of the ugly side effects pointed out in the letter is the fact that the fallout from this whole thing unfairly places Mr. Retailer right in the middle.

    If the retailer is going to take the heat for the defective products, then a mutant retailer who researches the products they sell, and screens out the defective ones, may have an evolutionary (profit!) advantage.

    This leads to an environment where the record companies make defective CDs, but the stores will not accept them, so that title is never on the shelves, so no one ever hears the music, so the record company that makes defective CDs has only expenses but no sales. Evolutionary advantage goes to the companies that produce defect-free CDs. Long-term, fraud doesn't pay.

  12. copyright and DVD player by bob_jenkins · · Score: 2, Insightful
    I just bought a DVD player. I peeked behind my entertainment unit at the big tangle of boxes and cords, found some promising terminals, and plugged it in.

    The picture cycled from clear, to grey, then back again. Hum. Checked the user manual, and it was due to copy protection! The DVD player had to be plugged directly to the TV or it wouldn't work. But I wanted to play the sound through my good speakers, not the TV's speakers. I tried plugging it into the amplifier. Now the video was clear, but the sound was distorted. User manual says, copy protection: it's supposed to be that way. OK, so I hooked it directly to the TV. Now I could play DVDs. But now the VCR wasn't plugged in. Perhaps I could hook the VCR through the DVD player? No, no terminals for that. Perhaps the TV had two sets of video terminals? It did!

    I still don't have the DVD playing through my good speakers. I haven't exhausted all combinations of terminals though. Perhaps there's an audio output from the TV that can be routed to the good speakers, without turning on the copy protection noise or the video distortion.

    If the TV didn't have the spare set of video inputs, I'd send the DVD player back because the copyright protection measures would prevent me from using a VCR. But the TV did have a spare set of video terminals. Not being able to play the DVD through good speakers isn't annoying enough to be worth the effort of returning it.