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Chained Melodies

NoData writes: "Salon is running an elegant article that covers the current state of the copy protection and circumvention debate. The article touches on the DMCA and the SSSCA, with input from Touretzky, Lessig, and others. It offers a dystopic vision of a future where geeks battle increasingly complex copy protection schemes until ultimately, any consumer control over media is outlawed outright. Refreshingly, the article is not a "Salon Premium" feature."

30 of 309 comments (clear)

  1. You can prevent this... by I+Want+GNU! · · Score: 5, Insightful

    ...and all it takes is a bit of activism. Write up a letter to your local representative, find ten friends, and have them all write a letter as well as finding one or two friends each. Then, they will pay more note to the issue and quite possibly change their opinion. They are supposed to represent their constituents and often will even if they don't believe in the cause.

    I _would_ also recommend writing senators, but that might be a bit more ambitious since they usually represent much larger numbers of people and thus would be harder to coerce.

    Oh, and recommend they join Rep. Boucher's informed technological reps bandwagon.

    1. Re:You can prevent this... by slugfro · · Score: 5, Insightful
      I agree that the public becoming active and writing our government representatives is a great idea and will hopefully have some effect. However it will be hard to overcome the effect of hundreds of thousands of dollars that our government representatives get from special interest groups such as the entertainment industry. Example from the article:
      Hollings, who has received $264,534 in campaign contributions from the TV, music and movie industries since 1997, has attempted to argue that standardized copy protection is the key to encouraging the continuing rollout of broadband Net connectivity.
      Our representatives will likely continue to represent those who give them the most money which they can then use to get reelected. Why they just don't try to get elected based on doing what their constituents want I do not know. I guess all we can do is write our reps and vote accordingly.
      --

      -- Find the Truth...
    2. Re:You can prevent this... by NoBeardPete · · Score: 2, Insightful

      The money is only useful insofar as it lets them fund their campaigns better, and therefor get more of their constituents to vote for them. Donations won't matter so much if you can either:

      1) Get lots of people in your district to care about an issue enough to let it outweigh stupid ads they see on TV and such, or

      2) Convince your representative that you may have done 1.

      Having fat sacks of cash doesn't do you much good if no one will vote for you anyway (think Perot, here). If you can convince your elected representatives that they will piss off more constituents by supporting bad legislation than they can attract with the money they can get by doing so, they'll do the right thing.

      I'm not saying this is easy, just that it is possible (in theory, if nothing else) to have an effect without any money at all, even when you are competing against lobbyists with lots of it.

      --
      Arrr, it be the infamous pirate, No Beard Pete!
    3. Re:You can prevent this... by JordoCrouse · · Score: 4, Insightful

      Ok, I'll bite.

      Tell me a few things:

      1. How many terms had the Rep served?

      2. What positions did he hold on the various committees he served on?

      3. What were his political aspirations? What he content serving the people, or did he want to jump to the party leadership and beyond?

      Sadly, though there are some senators and representitives that are more interested in serving the people than themselves (a special shout out to Rep Jim Matheson, District 2, Utah!), few if any of the people in power (or the people who *want* to be in power) can be as enlightened as your boss.

      For every dollar donated to an individual, 3 dollars are donated to the party. Over time, this becomes a large amount of money for the political party and the people in charge. Nobody wants to run the risk that a particular person may choose to vote with some intellegence, and happens to alienate a major contributor. Doing that would mean trouble for the party, and a one way trip to obscurity for the unlucky voter.

      I think that if we ever discovered the amazing power that political parties hold over the legislative and executive process it would scare the hell out of us. Its best just to not think about it.

      --
      Do you have Linux and a DotPal? Click here now!
    4. Re:You can prevent this... by hagardtroll · · Score: 5, Insightful

      I would argue the 'Constituents Position' on a particular issue is really irrelevant here.

      What people mean by congress being bought and paid for has more to do with the legislative agenda, than the actual votes. For example.

      What is the one thing that pisses people off more than anything? SPAM. How much federal gov't legislation has been passed to curb SPAM. None.

      Compare the number of people pissed off about spam to the number of people concerned with Bankruptcy Laws. I doubt most people care less about Bsnkruptcy Laws, yet we just recently got new Bankruptcy law passed. Why? Because the U.S. Chamber of commerce lobby wanted them.

      What laws the congress considers and passes are controlled by campaign contributions.

      How many constituents wanted...

      DMCA?, Oil Drilling in ANWAR? Bankruptcy Reform? Stem Cell policy? SSSCA? Copyright Extensions?

      Yet what they DO want takes forever and often gets stalled. Things like...

      Campaign Finance Reform, Anti-SPAM, Consumer Protection, Prescription Drugs, Environment Protection, Employment and Security.

      They could give a rats ass about corporations like Disney and the Miramax.

  2. Good article by sulli · · Score: 5, Insightful
    Better than the wimpy-ass op-ed in the NYTimes last week. This is a good one to show to people who might not care about this issue to explain to them why this is so important.

    A new Prohibition. The destruction of the PC industry. Is that really what The American People (not just certain bought-and-paid-for senators) want? I suspect that when you ask, you'll get the answer.

    Of course the networks won't report on this, because they are owned by Disney et al. But it seems to be making its way into the print media.

    --

    sulli
    RTFJ.
  3. Idiotic Mechanism Clause by indole · · Score: 5, Insightful
    ...When he put the CD in his computer and fired up AudioGrabber... the CD locked up the program. But after rebooting his computer, he discovered that the protection was easy to thwart. The copy protection worked by introducing a false value for the start time of the CD... [he] used a function of AudioGrabber to reset that start time to zero, and then was able to encode the music without a glitch.

    so.. let me get this straight... this kid can get arrested and thrown into prison under the DMCA because he clicked a checkbox in a (not even debatably) legitimate cd ripping program, to make a legal copy of his own legally purchased cd for his own legal mp3 player, because he "circumvented" the copy-control mechanisms?

    There should be an idiot clause in the DMCA

    --
    (2,3-Benzopyrrole)
    1. Re:Idiotic Mechanism Clause by Cyberdyne · · Score: 2, Insightful
      There should be an idiot clause in the DMCA

      I thought the DMCA was an idiot clause? :-)

    2. Re:Idiotic Mechanism Clause by RAVasquez · · Score: 3, Insightful

      This conceivably could happen, although it'd probably be AudioGrabber's publisher who'd be hauled into court for violating the DMCA. It'd be an interesting fight if a software vendor were to argue that the feature has a legitimate purpose (e.g., allowing the playing of defective media), but few indie software vendors have the time/money/lawyers to fight the RIAA. (The DeCSS case also doesn't bode well.)

      --

      --- Work, worry, consume, die. It's a wonderful life. -- Bill Griffith

    3. Re:Idiotic Mechanism Clause by YetAnotherDave · · Score: 2, Insightful

      As I understand it, Salon is in violation too, for publishing the 'circumvention technique'

  4. Hollywood's blessing necessary for broadband? by TrollMan+5000 · · Score: 4, Insightful

    Hollings, who has received $264,534 in campaign contributions from the TV, music and movie industries since 1997, has attempted to argue that standardized copy protection is the key to encouraging the continuing rollout of broadband Net connectivity. According to this theory, customers won't sign up for DSL or cable Internet access if they can't get top-notch entertainment via their computers. But Hollywood won't make that content available unless it is confident it won't be pirated.

    So movies might not be available via the internet with out copy protection. So what? There's a lot more to the Internet than movies. Online gaming, information, and just not having to wait for a dialup or pages to load up are some of the main reasons why people have switched.

    Hollings is grasping onto a straw man, paid for by over a quarter million dollars of Hollywood lobbying money.

    Hopefully the consumer will win here.

    1. Re:Hollywood's blessing necessary for broadband? by simon_cockle · · Score: 1, Insightful

      It is only your opinion that you sell DSL for a living?

      What does your employer think you do?

      --
      ________ semper ubi sub ubi
    2. Re:Hollywood's blessing necessary for broadband? by GMFTatsujin · · Score: 2, Insightful

      Can I just ask a quick question here?

      Who the hell do the entertainment companies think they are, sucking up EVERYONE ELSE'S BANDWIDTH?

      I mean, compare it to another digital delivery system, the PCS network. Sprint built (if you believe their ads) their own digital network, expressly for the purpose of delivering high-quality voice transmissions between nodes on that network.

      If Hollywood wants to have a high-speed digital delivery system for movies, tv, and whatever, that's fine and dandy, but first off, they're not entitled to hog a resource like the Internet. Let them build the HDTVNet and sell propriatary recieving hardware with all their jinky copyright control crap built in THERE.

      Trying to suck the Internet up like this is just fucking lazy and cheap.
      GMFTatsujin

  5. Re:Come on by Anonymous Coward · · Score: 1, Insightful

    We also want to make sure that "contents" created by consumers themselves have the option of turning copy protect bit on/off.

  6. Who'll be hurt? by TheSHAD0W · · Score: 4, Insightful

    Who's going to be hurt by these annoying new copy protections?

    The people who rip the songs just to upload them? No... They're typically on the cutting edge, and will have the means to bypass whatever form of copy protection is in place.

    The people who download songs off the net? No... If 99% of the user base is unable to rip a song, but 1% can, ripped copies will become available, and passing from machine to machine they will multiply.

    The person who only listens, or only copies for himself? Yup! He's going to be greatly inconvenienced by these restrictive technologies.

    The RIAA doesn't care, though. They only care about being able to ramp up the prices on music CDs. The MPAA doesn't care either.

  7. Music today sucks by Deanasc · · Score: 5, Insightful
    When I stopped buying music it wasn't because I could get it for free. It was because music today has passed me by. Maybe if some of the bands I loved 15 years ago release a new album I'll buy it but I'm not buying Nsync or Lit or Train or any other crap that passes for music today.

    In fact just about the time I gave up on new music is the same time I learned how to play the guitar and make my own music. I may not have the production values that Brittney has but on the otherhand I don't need 600 digital tracks of the same verse sung over and over to smooth out the mistakes. Playing my own music makes me happier than desperately searching for out of print Dead Milkmen albums. Playing my own music won't make me rich and famous but it turns on my wife when I bang on the bongo's like a chimpanzee.

    If the record companies don't want my money anymore then Fcuk'em. I'll take my guitar and go home. That's why record sales aren't growing anymore. They have the nads to grossly underestimate the taste of the rest of us in the quest for the quick teenager buck.

    It's all part of my rock and roll fantasy.

    --
    I've hit Karma 50 and gotten a Score:5, Troll... I win!
  8. Re:Come on by outlier · · Score: 3, Insightful
    If someone could develop a copy protection technique that didn't infringe on my fair use rights, I'd be willing to consider it. But, because of their enthusiastic attempts to prevent file trading, my legally protected rights to be able to listen to products I purchased, when, where, and how I'd like are being infringed.

    IANARE (I am not a record executive), but it doesn't seem to be a smart decision to treat your customers like criminals...

  9. Re:Geeks = Criminals by Ubergrendle · · Score: 5, Insightful

    I've heard this argument before. "Buy American" to support the outdated, dinosaur auto industry. "Union made" to support the corrupt, criminally run union management in the hopes of having some benefit trickle down to the actual labourers. I will not buy an $18 CD to support numerous middle men and corrupt (yes, I mean criminally corrupt) recording companies when the artist is lucky to see $0.50 per CD. And don't give me that "means of production" and "advertising" BS. I can produce audio tracks in my basement with the same fidelity with less than $10k worth of equipment now; I can burn CDs and distribute myself; I can HIRE my own advertising agency and yet still retain the rights to my own music without the interference of these media conglomerates. Politicians are being bribed into creating laws that serve to protect outdated business models and work against the common good (see: original intent of copyright). If the system is fundamentally flawed, it is not wrong to oppose it; it may be criminal, but so was drinking, premarital sex, and loading software into your computer at one point in history. Finally, remember that Disney was built on repacking open-source fairytales -- Snow White, Cinderella, Beauty and the Beast, Peter Pan...

    --
    John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
  10. Starve record companies, not artists. by David+Lightman · · Score: 5, Insightful

    The solution is simple. Lots of musicians make their work openly available. Vote with your ears and dollars.
    Many people use Linux because they don't like the expense or anti-piracy policies of other options. Why not the same with music?
    One of the basic benefits to the Internet is that single voices can communicate to the world. Why, if I can read about Joe Schomoe's problem with Little City, Arkansas Traffic Court, can't we break free of this "you must pay tithe to big publishing companies for entertainment" mentality.
    Screw them. I can download more "non-major record label" music than I will ever be able to listen to.
    And for that matter, an MP3 player in my car is cheaper than XM radio, doesn't have commercials, and doesn't require a subscription.

  11. Re:Geeks = Criminals by psxndc · · Score: 4, Insightful
    But when people stop buying music (and assume they are good citizens and don't download it instead), the RIAA claims falling CD sales are because of piracy, not because people are boycotting $18 CDs. Boycotting is sadly a lose-lose situation. If you don't buy it, regardless if you're downloading or not, you feed into the RIAA's "CD sales are falling and its all because of pirates" campaign.

    psxndc

    --

    The emacs religion: to be saved, control excess.

  12. Aint it weird... by Kizzle · · Score: 5, Insightful

    Ever wonder why you can get in allot more trouble for downloading a CD than if you were to walk into a store and steal it?

  13. Re:Vote with your money by Dr.Dubious+DDQ · · Score: 4, Insightful
    The unfortunate problem with this is that is it gives them fuel for going to Congress and saying "Our profits did not grow 10% this year. See, everyone is a pirate and not buying our stuff and stealing it online."

    I was thinking exactly the same thing. There IS a way to deal with this, but it involves a little more inconvenience...

    In addition to not buying RIAA/MPAA material, people need to write (physically, paper and everything) to their legislators, and cc the "content providers", explaining that they are not buying NOR pirating the material, and the reasons why (which boils down to "there product no longer meets my needs", whether those "needs" are "to listen to/watch material that isn't mass-market crap" or "to be able to make fair use of the material", or both.)

    An undeniable pile of paper mail saying "I'm neither pirating NOR buying the stuff" sitting on a legislator's desk (especially if they include "and if you try to criminalize my ability to get material that DOES meet my needs, I'll be doing everything legal that I can to get your political career ended") is going to make it a lot more difficult (or at the very least, a lot more blatantly expensive in terms of contributions and lobbying) for Jack "We're all going to go bankrupt, no really, I mean it this time, never mind the VCR issue" Valenti to push the "pirates are the sole reason our business is slightly less ridiculously profitable this year, so you must criminalize our customers" line...

  14. Didnt even get past page 1 by vb.warrior · · Score: 2, Insightful

    In about the second paragraph it started to refer to people as consumers. I hate this, I am not a consumer, I am a person and I resent any attempt to turn me into capitalist robot who consumes what he's told.

  15. Don't upgrade == don't buy a new machine by jonatha · · Score: 2, Insightful

    Joe Average out there upgrades his Windows anytime he upgrades his PC, and isn't likely to put in the effort to reload his 2-generations-out-of-date copy of Windows (that doesn't support some of the spiffy new hardware he just bought)...

    --
    The SCO lawsuit makes me wish my company were in Utah. We need a new building.
  16. Re:I am not "stealing" a damn thing. by Anonymous Coward · · Score: 0, Insightful

    Thanks for proving my original point. I don't care whether you would have bought it anyway. If you haven't paid, you can't listen, that's how it works.

    Radio? Libraries?

  17. Sealed Modules by ebh · · Score: 5, Insightful
    Quoth Touretzky:

    "For example, instead of sending analog signals to your speakers, you send an encrypted stream of digital data, and the decryption is done in a sealed module built right into the speaker," he says. "Video is done the same way: Encryption is done in a sealed module built right into the monitor, so you can't bypass the encryption by tapping into the monitor cables..."

    Right. I guess he hasn't heard of a soldering iron. If the endmost device in the chain takes an analog input, like a CRT or speaker driver, then someplace there has to be an analog signal. Who cares if you can't capture an unencrypted bitstream?

    But before we get that far, I'm with the other folks who have said that when hardware comes out that enforces DRM, don't buy it.

  18. Re:Geeks = Criminals by RazzleFrog · · Score: 4, Insightful

    I can't tell if you are flamebaiting or just ignorant of the big picture. The problem is not as simple as some geeks stealing music. There were millions of non-geeks who downloaded music off of Napster not just because it was free but also because it was easy.

    What you need to do is look at what the consumer wants and compare it to the current business model:

    1) The ability to download any song recorded in the modern era (including live recordings, "b" sides, and radio-only versions) easily and quickly from the Internet.

    2) To be able to take that song and play it in any type of device they desire (CD, Computer, MP3 Player, etc.)

    3) To able to include that song on compilation CD's, mix tapes, etc.

    4) To be able to ourchase/download only one song from an album without being penalized.

    Now how does that stack up with the current model. First, even with online stores such as CDNow and Amazon, it is often difficult to find some titles. When you do you are usually forced to buy an entire CD even if you only want the one song. CD singles are usually only available for recent titles and may cost as much as half the price of the entire CD. The record industry is addressing this by allowing you to buy the music online but in some cases the music is in a different format that is incompatible with exsiting MP3 players. In other cases you are only allowed a certain amount of "burns" which means that you can't include one song you really like on all your mix cds. Add to that the fact that if you buy the CD you can't rip it yourself because of CD protection and must buy separately the digital copy.

    The moral of the story is that the record industry dropped the ball. They underestimated the popularity of online distribution and failed to provided a working business model. Napster filled that gap by providing a system that was easy enough to use that even non-geeks used it. The industry is trying to catch up but instead of working together to build a system that would be fair to users and artists alike they are introducing multiple systems that don't meet the users' needs and, supposedly, rips off the artists.

  19. We Need DRM by namespan · · Score: 3, Insightful

    Some kind of DRM has to happen -- say, that's 75% effective or so -- or else the powers that be are going to keep pushing (using rampant piracy as an excuse) until the distopian vision is accomplished.

    "Good" (by which I mean, barely palatable) DRM might be:

    * Only required on devices/software whose sole purpose is media display/playback. This leaves an OS, for example, or a hard drive out, but a playback application or portable MP3 player in. It won't catch all piracy -- there might still be non-DRM players out there -- but lots of people would probably still just use iTunes and Windows Media Player.

    * Key distribution for DRM system(s) is ABSOLUTELY FREE. IE, we don't introduce any further artificial barriers to content distribution, and people can distribute their content freely, for free if they like.

    Of course there's still holes, and of course there'd still be piracy, but I think by and large content producers -- from RIAA to your Indie Label -- could collect a fee a little more often and most importantly would have much less to complain about

    I think the key problem here isn't piracy -- it's that RIAA and other content producers want absolute control over content and distribution. Piracy is an excellent ostensible excuse for draconian DRM measures like the SSSCA. Give the world reasonable DRM, and their case loses a lot of punch.

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  20. The poor pitiful recording industry by dtabraha · · Score: 2, Insightful

    The poor pitiful recording industry Yeah, I really feel sorry for all the musicians out there that have got big recording contracts and going platinum.

    Ever watch MTV cribs?
    Sit down some time and have a look.
    I just watched one a week ago, where one band member was showing his winter mansion in Utah.
    Not the band's winter home, just one band member's. Shortly after that came the sad story of lil-romeo. A 10 year old kid with a huge mansion and a decked out Benz he can't even drive yet, oh the humanity!

    These are the poor recording artists who are losing all of their money because a bunch of geeks with PCs are fighting against the industry that charges $18 for a CD that costs them a penny? What happened to the promises that the price of CDs would come down after the original plant manufacturing costs were absorbed?

    Hmm.. let's see, I'm still paying $18 how's about you?
    Yeah sure, maybe the rock stars deserve to have mansions, boink lots of blond bimbos and eventuall OD on drugs or kill themselves. If not, we might not have cool phrases like "Party like a rock star"

    How much more pitiful is it that the recording companies take a big chunk out of the artist's paycheck? They've obviously worked so hard and paid their dues working for peanuts in the clubs and eating Mac & Cheese (TM) for years, they deserve to have a few mansions in La Hoya, right?

    How about not.
    Some times the government forgets where it got it's roots.
    Taxation without representation? Same concept.
    The recording industry jacks up the price of CDs to sell to you, not because they have to in order to pay the janitor, but because they want to have 3 jaguars instead of just 2. Then along comes the Boston MP3 Party, and everybody tosses their CDs in the Potomac to show King RIAAchard they're a little torked off.

    Just like in that case, had England actually been a little nicer about the whole thing we might be drinking tea with crumpets every day instead of coffee and donuts.

    Wake up Lars, it was just a bad dream, nobody is trying to take away your gold plated Ferrari (--Camp Chaos) they're just sick of paying to get your ass hairs waxed out.

    If the recording industry is really serious about combating the digital music trading problem, they should try actually lowering prices for the media they sell. If a CD costed 3 bucks, would anyone even have bothered to rip it?
    Sheesh, huge companies like Ford GM & Chrysler all ran huge deals when we were in the recession, did the price of CDs drop a penny?

    Didn't think so.

    Poor babies.
    Maybe we should send our $$ to them instead of the Red Cross.
    Either that or just lock up all the h@x0r$ trading MP3s, so we can pay for their room & board in prison.
    That's a much better solution.

  21. An Open letter to Jack Valenti and Michael Eisner by epeus · · Score: 3, Insightful

    From my weblog

    Jack, in your sneering Washington Post piece about copy protection, you refer to professors for whom '"innovation" is legalizing the breaking of protection codes'. Michael, in your testimony to congress you badgered an Intel exec until he told you that file copying can't be prevented, then told him he must prevent it anyway.

    As you are evidently impervious to logical discussion, let me tell you a story.

    This is the story of a rebel, a war hero, a persecuted homosexual, and a deep thinker. His life reads like the plot of a far-fetched movie, but if anyone fits your bogeyman image of professors who break code, it is Alan Turing.

    In 1936 Turing published a paper on theoretical mathematics, in which he described the Universal Turing machine. It was a simple mechanism that could read symbols from a tape, and write back different symbols or change the tape's direction. He showed that with this general purpose machine, you could simulate any special purpose computing machine. He had invented the idea of the programmable computer.

    Between 1938 and 1945, Turing worked in great secrecy on computing machines that broke codes. These were the first real computers ever made, and the codes they broke were those used by the German Wehrmacht. Without his work, it is very likely that Britain would have lost the War in Europe before Pearl Harbour.

    After the war, in 1950 Turing published other famous papers that laid the foundation for modern computing, and hence all the digital gadgetry that you would like to outlaw for us (though presumably you'd keep the computers you use to edit and create effects for your movies). Turing died in 1954 by biting into an apple he had previously poisoned.

    What does this story have to do with you?

    Turing's Universal Machine means that you cannot have a software or hardware protection scheme that is secure. Whatever scheme you come up with can be simulated by another computer. The computer industry are not opposing your bill because they want to encourage copying, or because they are bloody-minded, they are not opposing you because of your self serving rhetoric about rewarding artists (remember Peggy Lee, Michael?), they are opposing you because what you want is provably impossible. You can only succeed by making all Turing machines illegal.

    If Alan Turing had made an animated film involving a poisoned apple in 1936, it would still have copyright protection. He chose a different path, and gave the world the idea of the digital computer. I know whom I repect more.