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Philips Says Compact Discs Can't be Copyprotected
Tomcat666 writes "tecChannel has a story about Philips, the holder of the most CD digital audio (CD-DA) patents. Apparently, they don't like the audio CD copy protection many record companies want to enforce in the future. They break the CD-DA standard and therefore are not allowed to use the logo. As a conclusion, Philips' next audio CD copier will be able to detect and probably circumvent the copy protection of audio CDs."
This article is Auf Deutsch but the fish does a tolerable job of
making it sane for those who can't remember the proper gender of all
their nouns.
Regardless of copyright, would they not be in violation of copyright for producing a device that bypasses a circumvention method?
Maybe, but that means the RIAA would have to sue someone their own size, which would be very interesting. It also would pit the DCMA against patent rights and other goodies... I'd love to see Phillips get sued. Not because I don't like them, but because they have the means to fight back.
I suddenly feel very good about having bought a Phillips CD/CD-R for my stereo system...
No, it's not out of the goodness of their collective hearts, it's out of their desire for profit. Why the hell would people buy Philips' products - cd players and burners, if they couldn't use them? Philips "owns" no content, they just make and sell devices to do interesting things with content purchased from other companies? What interest do they have in copy protection? This comment is nothing more than nonsensical "all corporations are evil!" blathering, without even thinking about what might make a company do this.
If it ain't broke, you need more software.
Can they be got under the dmca for this??
....) it is not their fault.
No. Copy protected audio CD's are no audio CDs and may therefore not carry the CD logo. If Phillips would want to enforce that, nobody could do anything about it. The article calls copy protected audio CD's "silver disks that look similar to audio CDs but are no audio CDs".
They will likely not enforce the logo issue as the patents expire this and next year.
As to the copying itself, as long as they make audio CD copiers, bypassing any deviations from the standard (like copy protection on silver disks that look like audio CDs ) is just a form of error correction, as an audio CDs cannot have a copy protection by definition. And if people use audio CD copiers to copy something completely different (namely silver disks that
Most ACs are not even worth the keystrokes to insult them. Be generically insulted and ignored otherwise.
Even though I'm not the hugest fan of government intervention in everything, Philips does raise a legitimate issue (one that we probably should have noticed first, but oh well) - that the copy protected CDs are being labelled and sold with the "Compact Disc - Digital Audio" logos even though they do not comply with the standards.
Even in Philips doesn't pursue litigation, the US Gov't could certainly prosecute the record labels for defrauding consumers. It would be interesting to see if a class-action lawsuit could be filed under similar reasoning (although a class of N'Sync fans is probably something the world is better off without).
Help save the critically endangered Blue Iguana
If you read the article you will discover that:
I. Phillip's patents expire in 2002 and 2003. So even if Phillips goes hog wild, the issue in court will be over before it goes to trial. So Phillips is not going to try to stop the copy protected CD's in court
II. Sony is also a major CD patent holder, and is quite happily pressing massive numbers of CD's that don't even work with some of their equipment.
III. The head of Phillips made the comment that consumer activism is the means to stop CD copy protection.
IV. The Phillips CD copier hardware will probably not disable the copy protection, but just ignore it.
If I wasn't so cynical I might see this as a corporation doing the "right thing," but I cannot see this as anything but a PR sound byte. Phillips is going to sit around for the last year of its patent and collect royalties like nothing was going on. The discussion with the exec. was purely technical.
Recently law makers have been showing resistance to industry execs who are pushing cd copy-protection. Here is a recent story on this. The recording industry according to this article is rethinking copy protection all together.
Yes but every time I try to see it your way, I get a headache.
There is an interesting court case against BMG that is linked to the violations of the CD-DA standard all current cd copyproctions use. In germany it is a punishable act to use false or incomplete data to affect the result of data processing in a way that someone loses property. This offence is called "computer fraud" and is punishable with up to 5 years jail. ,disk space or your time while you try to make a legal copy as it is allowed by fair use rules. It doesn't matter how much money or property you lose.
It is easy to see that these copyprotections use false data. They all contain the CD-DA logo but contain data that isn't valid in the current standard. That there is a lose of property is also easy to show. You could easily waste a cd-r
Read all about it in a real nice article by telepolis. The article is in german, but google produces a readable version.
Jan
Philips, the inventor of the Compact Disc, does not expect controversial attempts by the music industry to introduce CD "copy protection" technologies to last very long, because of consumer complaints. Philips is opposed to the use of copy protection systems. ... Philips could refuse to license such copy protected discs as genuine CDs, or pursue some other legal obstruction to the practice. But Gary Wirtz, general manager of the Philips Copyright Office at its headquarters in the Netherlands, believes that copy protection technology will fail all by itself.
These are good guys, just like SonicBlue, Archos, and Apple. They need our support.sulli
RTFJ.
I'm guessing it's the "compact disc" logo that wields the power here. If it's not a kosher "red book" CD, the owner of that logo has a good case for withholding the logo and/or prosecuting its abuse.
You might also find that the mark "compact disc" is protected, so parading "compact disc"-alikes, but calling them "compact disc"s damages the mark, and could be prosecuted.
IANAL, BTW.
I wonder if Philips has the right to sue outlet stores (Best Buy, Wherehouse, Sam Goody, etc) if they put the copy-protected silver discs that sort of look like and sort of play like Audio CD's in their CD section? By definition, since the copy-protected discs aren't CDs (Assuminng Compact Disc, CD, etc are trademarked), they shouldn't be in the CD section, because it could lead to diluting of trademark...
The only thing Phillips could do is demand that the copyprotected CD's not carry the "CD" label.
And run smear ads against the RIAA labels accusing them of not producing CDs. (RIAA will attempt to sue Philips for libel, but in the US, the truth cannot constitute libel.) Make like the dairy industry: "If you want real CDs, look for the logo."
RIAA is an association of music distrubuters et al, they don't sell CDs.
Common Slashdot practice accepts "RIAA" as shorthand for "RIAA member labels" in appropriate contexts.
The irony of that would be that there'd be no new music left to trade since the over produced modern pop crap is always the most popular.
*NSHIT fans will just have to find new music such as independent punk or electro.
Will I retire or break 10K?
I'm not so certain that Philips will fall in line, but a different scenario occurred to me. Perhaps the RIAA will simply dump the "CD Compact Disc" logo and put a disclaimer on that says something to the effect of "may not work in all CD(tm) players" and then Philips wouldn't have any leverage against them.
Virg