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Gilmore On Hardware-Restricted Content

An unnamed reader links to John Gilmore's explanation of just why it's a bad idea to let companies (Intel in particular) cave to industry demands for so-called content protection in hardware. The upshot is that if such measures really are built in, the general-purpose computer may not have long to live.

213 comments

  1. just what 'they' want. by Hertog · · Score: 2, Insightful

    Isn't that what they are after?

    A machine to play your cd's/dvd's, a machine to do mail/web/stuff, a machine to do games..

    Hell, it would be a lot easier for them, no OS-es to worry about, no copieing to worry about, and more to sell to everybody!

    --
    -=- I heard rumours about an OS called "Social Life", heard of it? Is it stable? -=-
  2. who cares, AMDs are better any ways by cliche · · Score: 1, Funny

    if intel starts doing crap like this, it could help AMD if where lucky. more busness to amd = bigger budget = better processors.

    1. Re:who cares, AMDs are better any ways by cheezedawg · · Score: 2, Funny

      You need to do some more homework- Intel started this secure environment initiative when they found out that AMD was already working with Microsoft on their own secure environment initiative. Intel has been playing catch-up to AMD.

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
  3. Upshot? by SuperLiquidSex · · Score: 1, Insightful

    HOw is it an upshot to get rid of the general purpose computer? I kinda like mine. Any way they would have to get all compaines to agree to do it the same way in hardware, if one company decides not to do it then its useless anyway because evryone will use there chips and stuff.

    --
    Oops....you'll know what I'm talkin about in a bit.
    1. Re:Upshot? by Gavitron_zero · · Score: 1

      indeed. I like having one machine that plays games, does work, and handles just about anything else I need to do. I can't see it being good to have a separate machine to do all of the things a general purpose computer can do (besides games). Having it all in one box is not only convenient, it's more environmentally friendly. There are heavy metals and toxic materials inside consumer electronics, and the fewer we send to landfills the better.

    2. Re:Upshot? by jyasskin · · Score: 1

      Upshot doesn't mean what you think it means.

      upshot -- 1. The final result; the outcome; 2. The central idea or point; gist.
      -- dictionary.com

    3. Re:Upshot? by SuperLiquidSex · · Score: 0

      Thanks for pointing that out. I always thought it meant that the good thing about somthing. Hrmm now that I think about it I was probably thinking of upside...no more posting after 3 days without sleep.

      --
      Oops....you'll know what I'm talkin about in a bit.
    4. Re:upshot? by Anonymous Coward · · Score: 0

      It's only an upshot to timothy and Taco, since all they do is play XBox (from Microsoft) all day long and watch DVD's (supporting the MPAA) and then later listen to copy-protected CD's (supporting the RIAA). Then they post something about how the DMCA is bad...

      For them, consumer electronics serve them fine, because they aren't even bright enough to figure out Windoze, let alone *nix. Slashdot probably wasn't even created by anybody that posts here...

      In the end, because Taco and co. are the biggest hypocrites on the 'net, the MPAA, RIAA, BSA, MS, etc. etc. will win out in their attempt to take away general-purpose programmable computers from the people.

      Those groups realize that they've put too much power in the hands of the people, and now they want it back. What they don't realize is that the masses WANT a computer that they can do anything with. Stupid as most people are, most people still don't want to be locked into proprietary systems and forced into Microserfdom, or forced to watch only MPAA-approved DVD's, or listen to RIAA-approved CD's.

      timothy and Taco are the minority who willingly bend over and take it in the ass from big corps... And the worst part is that they are subversive about it, attempting to convince the people most opposed to this kind of corporate tyranny to follow in their footsteps.

      Wonderful leaders, eh?

      BTW, your site kicks ass! Thanks!

  4. Unconstitutional by esnible · · Score: 2, Interesting

    Amendment III
    No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

    I would like to see a 3rd amendment challenge to this.

    1. Re:Unconstitutional by Anonymous Coward · · Score: 0

      What the hell are you talking about?

      We are not in war and we are not being forced to house soldiers. How does this apply at all?

    2. Re:Unconstitutional by xenocide2 · · Score: 2

      Soldier as in the stuff you use to makeshift wire chips together in the absence of acid etching.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    3. Re:Unconstitutional by Anonymous Coward · · Score: 0

      I would like to see a 3rd amendment challenge to this.

      And I would like to see the results of your most recent drug test, you weirdo.

    4. Re:Unconstitutional by Anonymous Coward · · Score: 0

      That's solder you asshole.

    5. Re:Unconstitutional by Anonymous Coward · · Score: 0

      Soldier as in an AI type censor that YOU pay for, You house, You feed (power) for what? Protection for a powerfull few Companies? (that is getting smaller)

      I still have a 486 running linux ....

      I wont get rid of any machine that still LIVES and/or can run linux.

      This goes through these machines will be worth their weight in GOLD

      Shortpier Salvadore

    6. Re:Unconstitutional by Anonymous Coward · · Score: 0

      I want some of what he has been smokin :)

    7. Re:Unconstitutional by Pituritus+Ani · · Score: 2

      Either you're dense or trolling. Hard to tell which. The government, in the scenario of mandatory DRM in every PC, would be forcing you to "quarter" software and hardware used as an agent of same. And the third amendment doesn't require a war to be in effect.

      --

      Another proud carrier of the $rtbl flag

    8. Re:Unconstitutional by um...+Lucas · · Score: 1

      Just on the flip side of the coin.

      You're not being forced to own a computer, hence you don't "need" to have the "soldiers" in your home unless you invite them in...

    9. Re:Unconstitutional by Pituritus+Ani · · Score: 2

      Yep. And you're not forced to have running water, gas, or electricity either. And computing is becoming a utility that, while not as necessary for human life as those, will be necessary for being part of anything other than the expanding, functionally illiterate underclass.

      --

      Another proud carrier of the $rtbl flag

    10. Re:Unconstitutional by martyn+s · · Score: 1

      Plus, you don't have to own a home or anything the government might want to use, so we really are free, aren't we. What a great free country we live in. No one forces us to own homes in which we must house soldiers. Hurrah for humanity!

    11. Re:Unconstitutional by MillionthMonkey · · Score: 2

      You're not being forced to live in a house either.

    12. Re:Unconstitutional by Anonymous Coward · · Score: 0

      As a side note, the Constitution is no longer in
      effect in this country (unfortunately). The supreme law of the land is the Uniform Commercial Code.

    13. Re:Unconstitutional by Anonymous Coward · · Score: 0

      Aren't you free to leave the country, change citizenship, etc. ?

  5. Its pirates getting what they deserve by GoatPigSheep · · Score: 0, Troll

    After years of losing money to users pirating games, music, videos, and anything else that can possibly be pirated, the companies are now cracking down and trying to save their dwindling markets. I see nothing wrong with this, it is simply companies trying to stay in bussiness. It's because of the people who pirate software that we have these measures now.

    And don't say that everyone should just move to free software, we all know the quality issues and how 'well' open-source companies fare.

    --
    GoatPigSheep, the 3 most important food groups
    1. Re:Its pirates getting what they deserve by Anonymous Coward · · Score: 0
      I fully agree.

      Besides, general purpose computers are vastly overrate. They are mostly inefficient and crude whereas custom made hardware can really push the limits of modern technology.

    2. Re:Its pirates getting what they deserve by Kierthos · · Score: 2, Insightful

      Prove that those companies that produce the music, videos, whatever actually have lost money. Guess what, you only have access to the number they feed you, so you can only prove what they want to show you.

      The music industry losing money? Amazing how many albums are still going platinum, double platinum, etc. even with music pirating. Movies? Spider-Man made $114 million in it's first weekend. How much more will it make before it's done? But, oh wait, those movie studios are losing money. (Among these same movie studios claims is the one that Titanic lost money or barely broke even.)

      Okay, diatribe aside, yes, they might actually be losing money. I'll feel bad about it later. Really, I will. The same instant that the music industry stops pushing the pop-crap that seems to be on every station, and the same time the movie studios stop pushing things like a live-action version of Scooby-Doo. (My god, who comes up with these ideas?)

      Of course, I play Nethack, so I guess I am not the most unbiased person when it comes to free software/games vs. crap like EQ.

      Kierthos

      --
      Mr. Hu is not a ninja.
    3. Re:Its pirates getting what they deserve by aronc · · Score: 1

      Since when is it the government's job to save their failing businesses?

      --

      jello.
      aka aron.
    4. Re:Its pirates getting what they deserve by Kierthos · · Score: 1

      What? You mean the guvmint isn't required to bail out businesses that fail? Quick someone tell the media....

      Kierthos

      --
      Mr. Hu is not a ninja.
    5. Re:Its pirates getting what they deserve by catalina · · Score: 1

      Since when is it the government's job to save their failing businesses?

      Jan 20, 2000?

    6. Re:Its pirates getting what they deserve by martyn+s · · Score: 1

      I agree, that's the beauty of capitalism. I don't really blame companies for trying to maximize profits. I do, however, blame the government for helping them by taking away our rights.

    7. Re:Its pirates getting what they deserve by pentalive · · Score: 1

      Yes and thank you for the FUD about open-source software. Do you work for microsoft?

      I haven't moved to open source software only because I don't yet KNOW how to perform some of my 'mission critical' tasks under linux.

    8. Re:Its pirates getting what they deserve by Anonymous Coward · · Score: 0

      There's very little "beauty" in capitalism. It only looks good on the surface because that's what you're spoon fed from day 1. It's like religion. If you were born somewhere else where another religion was prevalent, your religions views (if any) would be vastly different. It's all propoganda.

      And yes, I *can* blame these companies for only looking at the bottom line, no matter what the cost. Some of these companies have power comparable to a government, they should damn well exercise a little responsibility.

    9. Re:Its pirates getting what they deserve by Anonymous Coward · · Score: 0

      I wanna spwank thwere widdtle hands! Duh thweeiven scum that steal from nice corpworations.

    10. Re:Its pirates getting what they deserve by Anonymous Coward · · Score: 0

      Ok troll

      You will of course remember the recent study showing that sharing stumulates sales in CD's.

      Consider also that the bulk of copying is by people who wouldn't buy the thing anyway so it's no real loss just a paper tiger loss.

      Provide content and they will come.

      I do not see whay I as a consumer should be forced to pay for media ineptitude in not planning for a protected future. If they want copy protection then they should both develope and produce said protection. They don't want to change there production process when it is this same production process that is fault.

      You are getting what you deserve for being unable to think beyond the simplistic there big so they must be right, follower mentality. Get a life and a mind.

    11. Re:Its pirates getting what they deserve by Anonymous Coward · · Score: 0

      Are you sure your name isn't Hilary Rosen?

    12. Re:Its pirates getting what they deserve by redcliffe · · Score: 3, Insightful

      What is your problem with allowing people to use CD's/movies they legally own in the way they want to. It's far more convient to me to have all my CD's in Ogg format on my hard drive than have to switch cd's all day.

    13. Re:Its pirates getting what they deserve by martyn+s · · Score: 1

      Well, I no doubt agree with you, but first of all, the government is designed to protect our rights. No one else is responsible for that. So, sure, I do blame the companies, but I don't think I can realistically expect them to do whatever they can to make money.

      You say there is no beauty in capitalism. I agree, there is no beauty in what passes for "capitalism" these days in America, but the fact of the matter is, everything that corporations do that you and I hate, they can only do it when markets are inefficient. Either because of intellectual property or other reasons, corporations become abusive when they are a monopoly. As much as I detest what's going on in the world and in the United States today, I don't think there's anything wrong with saying that capitalism is a good system, when monopolies (like intellectual property) allow corporations to be abusive. Government is supposed to protect us from that, and in my eyes, they are the ones who should be held accountable.

  6. People don't care... by anthony_dipierro · · Score: 5, Interesting

    The sad fact of the matter is that as long as a product does at least the minimum requirements, people don't care. That's why eBay can get away with pop-up ads. That's why people buy software with EULAs which take away their right to fair use. That's why we cave in and sign up just to read NYTimes articles. That's why we put up with BFAs and inane copyright restrictions on slashdot. It's why Microsoft gets away with charging people over and over for the same operating system, just because they buy a new computer.

    Computers, the internet, the world could be so much better. But people constantly settle for mediocrity.

    1. Re:People don't care... by speedfreak_5 · · Score: 1

      What else do you expect? In a world where McDonald's becomes a part of everyone's life, Music companies drown people in music to keep them distracted from the real issues and media and news giants twist and change the news to suit their agenda, I would expect nothing less. People are practically trained to care about insignificant things such as what movie made so much and ho many people are raving over the latest 4 or 5 boy group. Want people to start giving a damn about their surroundings? Show them some better stuff. Tell them to get a Mac, use linux, bid for stuff somewhere else, READ THEIR EULAs, look around instead of buying from who has the most advertising out there, and tell them not to buy Ford vehicles! The gt40 I can tolerate. : ) Do that, and the world will be on it's way to becoming a better place.

      --
      Why yes I am paranoid! Thanks for asking!
    2. Re:People don't care... by zoward · · Score: 2

      I would belive this if people didn't already have the freedom to copy their files, download their music to MP3 players, etc. The minute Napster went de-facto belly up, did people stop downloading music? No, they just found other ways to do it. Hell, people will download spyware and install it on their system rather than give up the ability to trade files online. There's a reason Pressplay and it's kindred services are going down in flames right now. Who'd pay money for a massively overprotected, restricted, paranoid, expensive music downloading system, when there's Kazaa, Gnutella, etc.

      The problem for Hollywood is that one person will find the way around their protection scheme, and the equivalent of a libcss file will enable a thousand more to write software the average Joe can use to circumvent "CSS-Plus", SDMI, or whatever it will end up being called.

      --
      "Can't you see that everyone is buying station wagons?"
    3. Re:People don't care... by anthony_dipierro · · Score: 2, Insightful

      The minute Napster went de-facto belly up, did people stop downloading music? No, they just found other ways to do it. Hell, people will download spyware and install it on their system rather than give up the ability to trade files online.

      But that's exactly my point. As long as these companies introduce their nonsense gradually, virtually no one cares. Copyright infringement is illegal. It's illegal for me to trade mp3s over the internet. And even though there are millions of people who are opposed to that law, you don't see any of them fighting against it. Instead they trade on napster, and when they goes down they trade on gnutella, and let the companies install spyware and other nonsense on their systems. The line keeps shifting further and further, until eventually it's almost impossible trade mp3s over the internet.

      The problem for Hollywood is that one person will find the way around their protection scheme, and the equivalent of a libcss file will enable a thousand more to write software the average Joe can use to circumvent "CSS-Plus", SDMI, or whatever it will end up being called.

      How many people do you know that have satellite receivers in their houses that haven't paid for the service? It's perfectly possible to come up with single-purpose devices which make it extremely difficult to "steal" content. Sure, you might have a few people who still insist on breaking the rules, but once you go into hardware solutions, the masses simply aren't going to go through the trouble of finding black-market retailers.

      And the DMCA is right there to make sure that anyone who does come up with those devices and distribute them will be risking jail time.

    4. Re:People don't care... by Glytch · · Score: 2

      It's illegal for me to trade mp3s over the internet.

      As long as the copyright belongs to someone else, yes. If the mp3 is public domain, or you own the copyright, it's perfectly legal.

  7. media companies by 56ker · · Score: 2

    Companies like AOL Time Warner, Disney etc have been calling for this for ages. They're terribly worried that their huge back library of movies, songs etc will produce a lower and lower income each year as people illegally copy things rather than buy them at (inflated) prices.

    1. Re:media companies by miracle69 · · Score: 2

      You mean the back library of movies, songs, etc that is supposed to be released to the public after its copyright expires?

      --
      Linux - Because Mommy taught me to Share.
    2. Re:media companies by CantGetAUserName · · Score: 1

      Copyright expiration?

      Not quite sure I understand...I thought copyright lifespan was supposed to be $TODAYSDATE+100

      --
      Semper en excreta sumus solum profundum
  8. The article's wrong. by Fortuna+Wolf · · Score: 2, Insightful

    The upshot is that if such measures really are built in, the general-purpose computer may not have long to live.

    What does that quote above have to do with the article? How is that an upshot? In the end of the article it says that if copy prevention is placed into computers what's probably going to happen is that no one will buy these as non-lamed systems will still be more flexible in working with other systems.

    Of course this may not be true as many people and companies buy from outfits like Dell, which already makes only Intel, how long before the RIAA gets Dell to sign a license that makes them copy protect every computer they make? No one'll stop buying Dell because its -dell-

    Still, I can't see anyone who rolls their own ever going for this. I know that you can't digitally drive speaker elements there must be an analog signal going to the coil inside of each speaker it'd be trivial to cut open the speaker and solder those wires to a standard male plug, plug them into your audio in on the sound card and hit record...

    --
    Disclaimer:The "Human" attached to this account is unresponsible for anything unless it wants responsibility.
    1. Re:The article's wrong. by archen · · Score: 1

      It could be an upshot for people who can build a system without this protection - although it may be illegal. I'm sure many people would pay a bit more for that type of computer. Right now I want to buy a DVD player, but unfortunately I can't just buy any DVD player, I have to shop around online at shops I don't really trust. Why? Because I live in the U.S. and I want to play DVD's in region 2. Apparently I must be a criminal because I have to buy hacked hardware just to watch foreign movies that aren't released here (and buying imports isn't cheap either). What pisses me off is that I haven't even done anything wrong. I'm guilty by default. If I have to pay a bit more so I'm not getting screwed by the system, then that's what I do.

    2. Re:The article's wrong. by roybadami · · Score: 1

      What pisses me off is that I haven't even done anything wrong. I'm guilty by default.

      But surely, under the DMCA by using a multiregional DVD player you're defeating a technological protection measure. Please turn yourself in at the nearest police station... :)
    3. Re:The article's wrong. by archen · · Score: 1

      Feh... screw the honest life. I'm going to go record a TV program and fast forward through all the commercials. Then I'm going to go play my guitar - and I'm going to play copyrighted songs I don't even own the rights to! "The man" has been bringing me down long enough. My crime spree knows no limits!

    4. Re:The article's wrong. by Anonymous Coward · · Score: 0

      "upshot" doesn't mean "good thing" ... it means "summary" or "bottom line". It's clear from the article that Gilmore does NOT think that the replacement of general-purpose computers by crippled, censorware-friendly ones would be good for the public in any way.

  9. I'm sick of IP by petertw · · Score: 1

    Since when does the concept of intellectual property benefit anyone at all?
    I'm sick of corporations and their self-promotion

    1. Re:I'm sick of IP by shani · · Score: 2, Informative

      The idea of patent and copyright law is that if you allow someone a limited-time monopoly on inventions/publications then they will be able to make money on it. This encourages people to come up with wacky new ideas and thereby helps society in general.

      This makes sense to some extent. However, I don't buy that preventing anyone from copying this comment for 99 years after my death is going to help society a whole lot. (Especially since I don't plan on dying for a long time.)

      To prove my dedication, I hearby release this comment into the public domain. :)

    2. Re:I'm sick of IP by anthony_dipierro · · Score: 1

      To prove my dedication, I hearby release this comment into the public domain.

      Release the rest under the QingPL. C'mon, you know you want to ;).

    3. Re:I'm sick of IP by grahammm · · Score: 1

      And why does it seem that only works produced by the "major" media companies are worthy of these protections? You can be almost certain that, whatever the form of "protection" is adopted that the mechanism to create the protection will not be readily available to Joe Public or Local Band to apply to documents/media they create.

    4. Re:I'm sick of IP by petertw · · Score: 1

      Thanks. I forgot.
      Innovations won't exist unless people can make money off of them :)

      Does the prospect of money even promote "innovation?" or does it encourage corporations to do everything they can to fight via the market against progress on the part of their competitors?

      Thank goodness for GPL!
      Peter

    5. Re:I'm sick of IP by speedfreak_5 · · Score: 1

      IP doesn't benefit anyone. Just the corporations. With the extensions on copyrights, pretty soon the media giants will control much of what we see and hear for a few generations.

      --
      Why yes I am paranoid! Thanks for asking!
  10. Geez, actually on-topic by ZoneGray · · Score: 5, Interesting

    This one IS appropriate for the YRO section. You should have the right to buy any computer, with or without copy protection in hardware. Of course, this is not a right that's very well protected by the Constitution.

    Efforts to force inclusion of hardware copy protection are simply the work of a special-interest group. It's as if Microsoft or Sun wanted a law that mandated that every computer have the Java or .NET runtime included, or if AOL wanted to madate inclusion of AOL software(Ironically, MS, Sun, and AOL have been pretty successful at distribution of their clients, even without legislation).

    That's what Hollywood is trying to accomplish, to use legislation to build their distribution channel. Get off your asses and figure it out yourselves.

    1. Re:Geez, actually on-topic by MillionthMonkey · · Score: 2

      Efforts to force inclusion of hardware copy protection are simply the work of a special-interest group. It's as if Microsoft or Sun wanted a law that mandated that every computer have the Java or .NET runtime included, or if AOL wanted to madate inclusion of AOL software(Ironically, MS, Sun, and AOL have been pretty successful at distribution of their clients, even without legislation).

      Yeah, except in general, a JVM adds functionality to your computer. It doesn't interfere with your ability to use your computer for anything you would have used it for before. This argument would apply to the CLR as well except that I'm guessing the CLR either has copyright management capabilities either built in already, or has architecture to enforce a copy protection standard once one is announced. That by itself doesn't mean much- just don't use software that requires the CLR- unless MS succeeds in putting the CLR in charge of the machine so that normal win32 programs have to constantly ask it for permissions. In that case, Jack Valenti owns your box.

      As for AOL, well, that's a bad example too. Putting an AOL disk in a computer doesn't add functionality as much as it screws up the machine beyond repair. :)

  11. heh.. by murat · · Score: 0

    Intel and other honest manufacturers should stand fast and say, "We are not the world's policemen. We sell general purpose equipment and we make it as flexible as possible to attract the broadest range of customers.

    Intel is not "world's policeman" but it is working with "world's policemen".

    You can't hold the man who makes pencils responsible because a bookie used a pencil to write down a bet. And you can't demand that he design a pencil that can't be used to write down a bet."

    Even if you design such a pencil, an 13 years old hacker from Russia will do something and enable the pencil to do anything.

    1. Re:heh.. by Anonymous Coward · · Score: 0
      can't hold the man who makes pencils responsible because a bookie used a pencil to write down a bet. And you can't demand that he design a pencil that can't be used to write down a bet

      Hey!

      What a wonderful idea. Sell it to the right wing religious right nuts like Mr. Ashcroft and some "concerned parents" lobbyists by telling that it won't allow their precious little kid to write something that they consider lewd or un-American.

  12. Gilmore Girls? by Anonymous Coward · · Score: 0

    uh, nm

    1. Re:Gilmore Girls? by Anonymous Coward · · Score: 0

      no, that's right.

  13. Who pays? by dnight · · Score: 2, Insightful

    And who ends up paying for the technology to allow them to restrict content? We do.

    Ideas like encrypting audio between playback device and speakers, HDTV copy protection and any other method they come up with will eventually get to market. Ask questions and know before you buy.

    Don't buy your own set of shackles.

    1. Re:Who pays? by Anonymous Coward · · Score: 0

      Not you. Your children and their children. You are already sold to the tecnology you came to use and love. They won't get the opportunity to choose. They will be born in an oppressive society and will find that normal.

  14. Doubt it. by digitalunity · · Score: 2

    The only way this will fly is through legislation. Intel has a few smart cookies working for them. I don't think they will do this unless they are forced. For two reasons: You can't alienate your customers. More than a few corporate suits and home users would be a little miffed about this. Two: Something like this will probably cost quite a bit of money.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  15. Game plan by Syntari · · Score: 4, Interesting

    I'm not sure how likely the hardwired "content protection" scenario is... but, a pessimist by nature, I think we should start preparing as though it is going to happen.
    The simplest version is if Intel unilaterally decided to cave in to Disney, AOL/TW, RIAA etc. and build its own hardware with little censor chips in them. In this case, the response is straight-up economic. Turn to alternative hardware vendors. I don't just mean in your personal purchases. Slashdot readers who are sysadmins or IT specialists at corporations should start preparing their explanations of why the company really should move away from the risks inherent in having unintelligent censorware control the use of potentially mission-critical data. If large corporate clients start abandoning Intel as a result of content-control, you can guess which product-line will get scrapped pretty quick.
    The two other scenarios are legislation and regulation that will prevent anyone from seeking out alternatives, by making those alternatives illegal. This is more problematic, because slashdotters punch well below their weight politically. However, in both cases there will be a political "hook" - in the case of legislation, one can write one's congresscritter (for whatever good that will do), and in the case of FCC regulation, there will be a notice-and-comment period. So take notice, and make comments :)
    As a penultimate line of defense, there is always the courts. In addition to the obvious first amendment claims, there could be an interesting "restraint of trade" (antitrust) claim based on denial of "essential facilities" (computing services).

    In the long run, however, I think the answer to content protection is, "fine, go take away your ball and go play with it by yourself. I have a better game now." When all manner of content (not just free software) is made without any desire to restrict it, and when that content is both quantitively and qualitatively superior to restricted content, there will be no point to having hardwired censors. Even if people all use "approved" monitors and computers, they will be using them to view "free content" (free as in free speech, not free beer). So the "oligarchy" will wither, and there will no longer be any significant force pushing Intel to continue making hardwired censors...
    How likely is that end-scenario? *shrug* Ask yourselves.

    1. Re:Game plan by Anne+Thwacks · · Score: 2, Interesting
      Last time I counted 90% of the world's population is not American, and not required to obey American laws.

      If Intel do this, then they lose 90% of the world market. I see a major opening for a Russian chip foundry!

      If it walks like a duck, and walks like a duck, then don't bloody well vote for it

      --
      Sent from my ASR33 using ASCII
    2. Re:Game plan by dschl · · Score: 1

      Too true. Don't look to Russia in the future, look to Taiwan in the present. Where do many, if not most motherboards come from? Chipsets? Taiwan. I don't see Via knuckling under to the US Congress (Via still produces chips based on the Cyrix / Winchip cores). Sure, their CPUs do not boast as much performance as Intel's, but they are cheaper, and right next door to the largest markets in the world.

      When stuff like this starts becoming part of international trade agreements (think prerequisite for WTO membership), then look out. Hopefully, self-interest and world demand for non-crippled hardware will keep the Taiwanese government from following the stupidity of the US Congress.

      --
      Slashdot - the place where you can look like a genius by restating the obvious
  16. Hardware companies are smarter than that by YahoKa · · Score: 1

    Hardware companies are smarter than that ... aren't they? Why would you build a product that no consumer wants? So that people wont buy it? What a brillian business strat.

    1. Re:Hardware companies are smarter than that by Anonymous Coward · · Score: 0

      The question is really how stupid they think we are. They may think that collectively we're very very very stupid, and that they can play kissy with the 'content' providers without us noticing. They may be suprised to learn that collectively we are not very very very stupid, merely very very stupid, one very short of what's required for what they have in mind.

  17. Support your local Hardware initiative by awfar · · Score: 1

    I am not sure anyone could "bury" a general purpose architecture as the PC has become; no one piece "defines" it any longer, nor is irreplaceable, right?. If Intel doesn't work for us in the future, ditch them as their have always been competitors. Support those who design, engineer a stand-alone generic, hardware reference platform that has uses beyond the home (data logging, control, robotics, etc.), allow people to buy the components individually, and THEN layer an OS (Linux?) onto it; this would keep it difficult to attack legally as the hardware would have very justifiable existence on it's own.

    1. Re:Support your local Hardware initiative by moncyb · · Score: 2

      Support those who design, engineer a stand-alone generic, hardware reference platform that has uses beyond the home (data logging, control, robotics, etc.), allow people to buy the components individually, and THEN layer an OS (Linux?) onto it;

      Ummm....computer hardware manufacturers and retailers already do this. ...and it may become difficult to figure out who to support (assuming enough of the public will care). They could make the "copy protected" components work with existing "unprotected" ones--then in phase two ease in the components that no longer work with anything that is "unprotected." The consumer wouldn't be able to tell which components were "unprotected" or "protected" in the phase one way.

      The only reason this hasn't happend is that it hasn't been in the interest of the manufacturers--legislation, lawsuits, FCC mandates, or making it so that DRM is the only way to access the MPAA/RIAA's "content" would change this. IMO the latter is the best hope as decent people could make their own "content" and the stupid would just buy the MPAA/RIAA machines, however the MPAA/RIAA members don't want this because they know they'd lose massive marketshare. Their real goal is to get one of the first three going so they have the capability of controling the entire market like they have in the past...

      ...this would keep it difficult to attack legally as the hardware would have very justifiable existence on it's own.

      The thing is the hardware already has a justifiable existence--even if computers could only browse the web and do wordprocessing. Hollywood doesn't care, congresspeople don't care, all they care about is how much money/power they can milk out of the situation.

  18. If the worst came to worst... by danamania · · Score: 2, Insightful

    ...and all new hardware required, and implemented horrifically draconian anti-copy-anything protection which both took away the ability to copy for reasonable use, or took away nick the l337 h4X0r's ability to copy 'stuff', ancient second hand hardware, free hardware, is going to become rather desirable. Best start warehousing a few spare boxies.

    OK, that's tongue in cheek, but it's one end of an extreme where computers are pushed to being made less and less useful. When I look at it bringing about such strong change like that, it feels it can't happen. Am I being too optimistic?

    Besides - if all your old hardware gets too slow - buy a few more and beow.... you get the idea :D

    a grrl and her server

    1. Re:If the worst came to worst... by archen · · Score: 1

      Besides - if all your old hardware gets too slow - buy a few more and beow.... you get the idea :D

      That's why I'm not too worried. Even if they do build this stuff into hardware, I have a perfectly good computer right now. Just network with the old one and do all your ripping/encoding from there. What are they going to do? Stop you from playing music entirely? Dissallow movies to be played?

    2. Re:If the worst came to worst... by Anonymous Coward · · Score: 0

      The worst they can do-is change the medium... Fade out conventional CD's and DVD's like they did the BetaMax and the Tape Cassette...
      And therefore force the consumer to buy new hardware if they want to listen to new music.
      Then they could build in whatever copyright protection they wanted. Didnt DVD start off with that in mind anyway?
      But then- I am sure a bunch of hackers somewhere will rip them- coming to a P2P network near you...
      I certainly wont be buying new generation hardware like that...

  19. Re:Inconstitutional by shani · · Score: 1

    Perhaps you mean solder then?

    A little knowledge is a dangerous thing.

  20. The "War on Infringement" by yerricde · · Score: 1

    We are not in war and we are not being forced to house soldiers.

    If Congress can declare "War On Some Drugs," why can't Congress declare "War On Infringement"? In that case, it wouldn't take very much of a stretch to see that the ©-chips are "soldiers" in such "war."

    --
    Will I retire or break 10K?
  21. Upshot... by xenocide2 · · Score: 2

    Well, the way I interpreted it, and we all know interpretations can vary among people, was that without the PC, Roberta Williams and her game design compatriots can no longer make those shitty "Adventure" games which are more of "guess the obtuse logic some crazy chick came up with" style game.

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  22. Copyright by SmileyBen · · Score: 5, Interesting

    I've said this before, but it's important and needs saying. The most important part of what Gilmore is saying is the bit about 'A mandate from all concerned parties' without consultation of consumers. You just know that the 'content industry' would argue that consumers are /never/ going to ask for their rights to be curtailled, but that's exactly the point.

    The *essence* of copyright is that all the people got together and said 'Let's curtail our rights, let's say that if any of us wants to copy something that someone else wrote, they have to pay for it, for a limited period of time'. They did this to promote the public domain - to get more stuff written by allowing authors a temporary monopoly on their works.

    But the point is, the moment the public mandate for copyright is gone, there can be **no** justification for copyright. It's not a moral right. It's not a natural right. This isn't like saying that we shouldn't kill people. The point is that it's a mutual agreement on the part of a population, for their own gain. And the moment society decides it doesn't get anything from copyright any more copyright is defunct. You can't argue 'But copying is *wrong*'. It's not. All that is wrong, and all that would make copying wrong, is if everyone in society has decided to take on this copyright burden, and a few people decided they would be freeloaders.

    As it is, I think that time has come. Clearly people no longer thing there's anything to be gained from copyright. I'm inclined to agree. Once, it took a long time to copy a book, and if you 'published' something, copyright was your only protection from other people selling it. But as it is now, the moment you start selling a book, a CD or whatever, you can publish so many copies that there would be no point in others trying to sell the same thing. Once a book is on the store shelves, nobody is going to type up the whole book, lay it out, and print it - there just wouldn't be any point. The person that got their first would be such an advantage due to having a head-start that they'd make tons of money anyway...

    1. Re:Copyright by Anonymous Coward · · Score: 0

      "Once a book is on the store shelves, nobody is going to type up the whole book, lay it out, and print it - there just wouldn't be any point."

      Perhaps for the majority of books, but even that's assuming too much. What would you do, say, if some company produced a service to buy any book at 50% of the original price? Afterall, they didn't have to wait months for the author to produce drafts or even revisions and corrections. They may be able to produce a book a week per employee.

      And what about music? Say I'm a big record label and I hear some song from an unknown band. If there's no copyright, what would stop me from taking the music and just selling it as my own?

      And computer code? Painstaking research papers? Movies? The list goes on...

    2. Re:Copyright by handsomepete · · Score: 3, Informative

      The *essence* of copyright is that all the people got together and said 'Let's curtail our rights, let's say that if any of us wants to copy something that someone else wrote, they have to pay for it, for a limited period of time'.

      From A History of Copyright in The U.S.:
      1790: US Constitution Copyright law in the US is derived from English copyright law (Statute of Anne) and common law. The framers of the U.S. Constitution made copyright law purely federal: "The Congress shall have power . . . to promote the progress of science and useful arts . . . by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries." Congress subsequently enacted the Copyright Act of 1790 and major revisions to it in 1831, 1870, 1909, and 1976.

      After 1976, of course, revisions started piling up to accomodate technologies. But in essence it seems to me that it was there to protect ideas so others would innovate. Innovation in regards to mass media is not something we're seeing a whole lot of (I would go so far to say that it's discouraged by the mainstream). I agree that there's nothing gained by copyright now in mass media cases because all we're subjected to is the same ol rehashed junk. Why does Britney Spears even need a copyright on her songs when Christina Aguilera is just singing basically the same things?

      But the point is, the moment the public mandate for copyright is gone, there can be **no** justification for copyright. It's not a moral right. It's not a natural right.

      Definitely not a moral or natural right, but it is a protected right. Copyright doesn't exist completely without backing. Besides, I'd say if you look outside of the scope of movies and music, you could find some justification for copyrights (at least in the fields of science and technology).

    3. Re:Copyright by Carnage4Life · · Score: 5, Insightful

      As it is, I think that time has come. Clearly people no longer thing there's anything to be gained from copyright. I'm inclined to agree. Once, it took a long time to copy a book, and if you 'published' something, copyright was your only protection from other people selling it. But as it is now, the moment you start selling a book, a CD or whatever, you can publish so many copies that there would be no point in others trying to sell the same thing. Once a book is on the store shelves, nobody is going to type up the whole book, lay it out, and print it - there just wouldn't be any point. The person that got their first would be such an advantage due to having a head-start that they'd make tons of money anyway...

      This entire paragraph is inconsistent and makes little sense yet the fact that it is currently at +4 insightful just goes to show that any anti-copyright rant no matter how incoherent will be well received on Slashdot. If there was no copyright then the incentive to write books would drop significantly. Currently writing a good book (both fiction and non-fiction) is a significant effort that requires research, perseverance and a large expendition of time.

      If after expending n amount of months or years someone can just copy books I author for free then the Opportunity Cost of writring books will become to high for me and I'll find another line of work or write less.

      The main problem with rants like yours is that they are throw the baby out with the bath water solutions. Most people agree that life of author + 70 years is an obscene amount of time to hold copyright on an intellectual work and is harmful to society in the long run. Similarly the lengths that content producers are beginning to go to so as to prevent copyright infringement have begun to intrude on the rights of consumers. However saying that intellectual works should be devalued as to where they should be offered no protection is just as harmful to society if not more.

      Would you also suggest abolishing the welfare or health systems because there are inefficiencies therein and people who cheat the system? I sincerely hope the answer is no.

    4. Re:Copyright by caca_phony · · Score: 1

      You are taking the incentives of the current system for granted. To have a monopoly on one's creative work is not a natural right. The incentive of commercial monopoly is not the only possible incentive for the creation of something new.

      --
      ...and this lie crawls out of its mouth: 'I, the state, am the people.'
    5. Re:Copyright by Riskable · · Score: 2

      There's a huge point your missing: Copyright doesn't just protect big media companies, it also protects the little guy. I can even demonstrate this in slashdot terms...

      Say copyright is thrown out the window and all intellectual property becomes a giant free-for-all. Let's assume that "Bob Smith" wants to publish his works on the net. Under your thinking, because he's the originator, and the first to get it online, he'll make "a ton of money anyway".

      For weeks, no one buys Bob's book. Then some guy claims on Slashdot that it's the greatest thing since sliced bread and everyone hits his site at once to purchase it (or just read it for free with advertisments--whatever). Only problem is that Bob's site is on a DSL line. Hence, the Slashdot effect (this happens in the real world to lots of products actually). Bob's site goes down and all the sudden his product is VERY scarce.

      An enterprising person with deep pockets and a fast connection/beefy server suddenly starts mirroring Bob's work and charging their own fee for it. Suddenly everyone has a mirror of the writing and because there's no copyright, Bob has no recourse... And he's "lost" tons of money.

      This same rule applies to big business trying to rip off the small guy and take his stuff national (or worldwide).

      --
      -Riskable
      "Those who choose proprietary software will pay for their decision!"
    6. Re:Copyright by canadian_right · · Score: 2
      I am so tired as being called a consumer.

      I am a CITIZEN!

      --
      Anarchists never rule
    7. Re:Copyright by Chris+Johnson · · Score: 5, Insightful
      The trouble is, in a digital society, intellectual works have only functional value. Any intrinsic value of a copy (printing costs, materials etc) is nil.

      It's like talking about the value of a James Brown record as art and arguing it can't be art because it's mass-produced. It depends on how you define it, and there is no one 'hand-crafted' record out there from which all the others are prints (a master isn't the final product and can't be played on record players), but even though the James Brown record is a mass-produced object it has use-value that makes it more than a chunk of plastic.

      Well, in digital society, the medium is even more worthless than a chunk of plastic- and even transporting the bits around will typically involve making lots of copies of the work. Every time this very sentence goes to one of the half-million Slashdot readers, a copy is made. You're not 'going' anywhere to see it, a copy of the IP is made on your local computer to show you, assembled bit by bit from instructions given by another computer. In fact, a quick traceroute shows my own path to Slashdot as containing more than 20 hops- sprintlink, newyork.cw.net, exodus.net... so we're talking about 10 million copies of the IP made in order to bring the sentence to the eyes of Slashdotters.

      Yet these copies are valueless- the only value present is if someone reads it, and goes 'hey!' and decides it's a good, insightful argument on the reality of digital media. Perhaps the reader is a lawyer- and wins a court case by making the points I'm outlining. Suddenly, this IP has value- suddenly it's serving a functional purpose.

      Imagine a James Brown record travelling around on the Internet as mp3s. As it goes from server to server, local copies are made and discarded- and have no value. 90% of the time, it ends up on the hard drives of data-hoarders who don't even play it- again, resulting in no value. And then it finds its way to the hard drive of a DJ who works playing music at dances, raves etc: and that DJ sets it aside specially, for times when he needs to make people get up offa that thing! And when he plays it, people dance! THEN it has value, huge value- it can move people who otherwise wouldn't be dancing. Use-value means you look at what it's DOING, not what it IS. It's only a string of bits, when you look at what it IS.

      The trouble with copyright is, it's not equipped to make any sense of the digital situation. It focusses solely on what the IP IS, on whether a string of bits is effectively the IP (a 128K and a 256K mp3 are different strings of bits, but can both be the 'same' IP). Copyright cannot comprehend the notion of IP being copied willy-nilly as a normal activity. You don't transport books by lining up a bunch of people with pencils and having them looking over each other's shoulders and copying what they see- yet this is how digital data is transported over networks. In some cases, it's only the 'stream of letters' being carried, and in others the whole work is stored temporarily on the server, such as Usenet posts. It's all copying.

      By the same token, copyright cannot distinguish between IP being copied into a totally meaningless, no-value situation, and being copied into a situation where it has the same value a physical item would have. Copying a James Brown record into a James Brown fanatic's collection is the same as buying the record, functionally. Copying the James Brown record to border11.ge3-0-bbnet2.nyc.pynap.net as part of the working of the internet carries NO value- yet both of these copyings are the same to the computer.

      Copyright is worthless if it cannot make these distinctions- and actively harmful if it gets in the way of the workings of modern communications networks. And it's not unthinkable to count Napster users (or their current equivalents) as communications networks themselves. Which of them are making use of the IP, and which of them are serving basically as organic components in a titanic data caching scheme?

      The future is this: if you can think of a thing, you can see it, read it, listen to it, watch it, within seconds. It's not just the computer networks but the human networks bringing this about. You can get ANYTHING within seconds. Once I was reading a Hunter S. Thompson book, in which he referenced Mencken's famous, brutal obituary of William Jennings Bryan. Half a minute with Google, and I was reading that obituary, like a footnote Thompson hadn't bothered to add. It's possible he didn't have rights to reproduce it- but could he have envisioned a world in which any online reader of his book could go find that reference in seconds? If so, would he have seen it as a dangerous crime, or as a public benefit? Would Mencken have seen this as a crime or a benefit, to so easily place his work before a curious reader- given that Mencken's agenda was to expose Bryan as a dangerous, stupid, destructive fool and buffoon? Mencken wanted to be read and understood. I'm not sure who owns the copyright to his words now...

      Copyright IS incompatible with the future- unless we're seeking to bring about a new Dark Ages in which the common people don't have access to education, information- don't have access to IP. Intellectual property is knowledge, information. It's fine to want people to be compensated, but to seriously work to cut off access to knowledge and information means something is wrong.

      The thing that is wrong is this: we're heading into a future where nobody ever need be illiterate or uneducated- where we're swimming in an absolute sea of information for all, rather than dying of a drought of it- and we have people wanting to stop that, because they want people to be only as informed and educated as they can afford to be.

      Copyright as it's being extended is wrong, and it must be thrown out.

    8. Re:Copyright by Simon+Brooke · · Score: 1
      This entire paragraph is inconsistent and makes little sense yet the fact that it is currently at +4 insightful just goes to show that any anti-copyright rant no matter how incoherent will be well received on Slashdot. If there was no copyright then the incentive to write books would drop significantly. Currently writing a good book (both fiction and non-fiction) is a significant effort that requires research, perseverance and a large expendition of time.

      Bollocks

      Putting my money where my mouth is: you can read my novels here and here, and my short stories here. You can't buy them in a bookstore because I've never offered any of them to a publisher. People who write fiction write fiction because they want to write fiction. Of course, a great deal of what gets written is crap; but by no means everything that doesn't get published is crap, and the number of good unpublished novels gathering dust in people's attics far exceeds the number of novels in print.

      Thos of us in the West live in a post-scarcity world. People are no longer driven to engage in economic activity every minute of every day. While a very few authors make a lot of money, most published authors make a pittance; for those people, getting read is more important than getting paid. My novels and stories on the Web do get read, and occasionally I do get feedback (not as often as I'd like). The number of books you can read is not limited by the number that are written. It's limited (just like music) by the number the distribution channels are prepared to promote. And just like music, once creators bypass the distribution channels by making their owrk available directly to the reader over the Web, the number of stories available to read goes up and the cost of reading them goes down. As to quality, you'll have to judge that for yourself - but over time we'll see a new value add service springing up reviewing and selecting texts that are available on the Web, so that you can use your chosen critic to read through texts and select for you the ones you will like to read.

      So: does copyright increase or decrease the number of stories available to you? The answer is it's pretty neutral. People who want to write will write whether there's copyright or not. Personally I like it, because I have an ego and would like you to know that the sory you're enjoying is one I wrote (and I wouldn't like it if you copied it and claimed you had written it).

      But does hardware content protection increase or decrease the number of texts available to you? Why, it certainly decreases them, because I'm not going to be able to afford the digital certification from the content protection monopolists, and so I won't be able to publish my stories anymore and you won't be able to read them.

      Do not confuse 'content protection' with copyright. 'Content protection' does nothing to rotect the artist and everything to protect the distributor.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    9. Re:Copyright by Anonymous Coward · · Score: 0
      If there was no copyright then the incentive to write books would drop significantly.

      I agree that short term copyright is good but don't agree with your reasoning. We're flooded with instantly forgetable, worthless books. Reducing how easy it is to make a living at writing (or making movies or music) might not be a bad thing culturally. You also belittle worthwhile authors by the assumption that they'd stop writing if people could read for free. Great works aren't usually driven by the economic requirement to maximize return on invested effort.

    10. Re:Copyright by Anonymous Coward · · Score: 0
      The world doesn't accept revolution such as dropping copyright - although it certainly finds it appealing.

      The world takes evolution. Define copyright in a way that allows you to make many copies for a licence holder.

    11. Re:Copyright by SmileyBen · · Score: 2

      Okay, to address your points in the opposite order: no, I wouldn't abolish the welfare or health systems because these are to protect *moral rights* / complete society's obligations. I believe that it is wrong to let someone starve or die of a disease that could be prevented.

      Copyright, however, is completely the other way round. We don't have copyright because we feel that it is a moral obligation to make sure that anyone who has a book in them can write it down. We have copyright because we agreed that we want to promote the *luxury* items that books are. Sure, an argument could be made that scientific discovery is what is being promoted by copyright, but if that were so, I think it would be wrong - governments should be ensuring that, say, medical advances are made, not the 'whim' of the consumers. Also, largely scientific advances are 'given to the public domain' - people build on one another's advances, so people don't restrict how widely this knowledge is disseminated.

      But to get to the central point of your complaint about my paragraph above, yes, I am serious when I say it, and no, it isn't inconsistent. By and large these days, books have a single print-run. Yes, there are a very small fraction (of very visible books) that have multiple print-runs - namely bestsellers. In these cases, it's never the question between the author starving or not, but between them getting very rich or only moderately rich. And even then, this is limited to the first book they write - the first run of, say, the *second* Harry Potter book was very large, and enough to make JK Rowling the enormous amount she did without a second run.

      But essentially, if you buy a book, the likelihood is that it will be a first-run. What does this say? Well it says that the person who printed it had a great advantage in having a head-start. Even if someone else was allowed to print books, they couldn't do it fast enough. The simple fact is that it's the first *month*, not the first year, let alone 70 years, after a book has been published that determines how much the author gets - once you have or haven't got reviews, that's about it. Even if people had the opportunity to print other people's books, they largely wouldn't - since you don't get people telling each other to go out and buy this amazing book which was newly released for the second time!!!

      Fact is, it's not a matter of people spending time printing stuff anymore - books appear from the publisher, and once that happens nobody else has an opportunity to steal the contents and print their own version.

    12. Re:Copyright by Saeger · · Score: 2
      As to quality, you'll have to judge that for yourself - but over time we'll see a new value add service springing up reviewing and selecting texts that are available on the Web, so that you can use your chosen critic to read through texts and select for you the ones you will like to read.

      I've been waiting for something like this -- in a more general "AI agent" sense -- for a long time.

      Amazon.com's recommendations are a step in the right direction. That "website Thumbs-up/Thumbs-down" IE plugin is another example (can't remember its name). That failed mp3 service that recommended similar sounds you'd probably like is another (again - the name i forget). You're right that this is a value add - I'd pay for a good filter that knew me well enough (and didn't sell me out to marketing devils) to find needles in haystacks for me..... and to point me to artists willing to create new works I'm interested in...

      ... hypothetical: Hey, I, and 99 hardcore fans, will fund you $20 (each), if you will write a short story about for us. The condition is that once written (good or bad), you release the work into the public domain. yes/no?

      What's your take on the street performer protocol?

      --

      --
      Power to the Peaceful
    13. Re:Copyright by Anonymous Coward · · Score: 0

      But it won't work that way. You can't just have everybody in America suddenly say "I don't believe in copyright any more!". There are heaps of people who "don't care" and will keep paying for copyrighted stuff.

      Even if we assume that everybody did stop paying for copyrighted stuff, because of the huge amount of money involved (what is it, trillions of dollars per year?), our Illuminati Masters would want to keep control of their income so that they can bring about the New World Order.

      If you advocate things which threaten their power base, they will declare you a communist (or their brand new enemy, "terrorist") and crush you like a bug. Think about it, George Bush worked for the CIA. It could have been HIM who trained Osama bin Laden. He could have planned the whole thing as an act of psychological warfare against the American people. Let Clinton have a run as President to keep the Dumbocrats happy, then get Sonny-boy into the job. BAM! Osama follows Daddy's plan, and the Son gets a real live crisis to deal with, including trying to start up a bunch of other wars all over the world. Soon it will be the New World Order where you have no rights unless the State gives them to you.

      Meanwhile, they distract us by threatening to take away our toys and baubles such as computer games, music, and movies. And we fall for it. We deserve to be enslaved.

    14. Re:Copyright by Anonymous Coward · · Score: 0
      I believe that it is wrong to let someone starve or die of a disease that could be prevented.

      I guess you'd be in favor of shipments of retroviral drugs and food to Africa then. Or did you only mean "American" people?
    15. Re:Copyright by hyphz · · Score: 2

      > The future is this: if you can think of a
      > thing, you can see it, read it, listen to it,
      > watch it, within seconds

      This is, so sadly, not true.
      One of the big changes in digital and modern technology is that the hardware required to play things, to copy them, and to create them has become disparate. Once, if you wanted to play a song, you played it on your own instruments.. which you could use to create just as well. Once, if you wanted to copy a song, you copied the sheet music, and you could write new music on the same thing.
      Now if you want to play a song you need a CD Player or Winamp. If you want to copy a song you need a CD Burner or an internet connection. But if you want to create a song that can compare to others you need thousands of pounds of hardware.
      The future, it seems, is: if you can think of a thing, you can see it, read it, listen to it, watch it, within seconds, PROVIDED SOMEBODY ELSE REALIZED IT. And that somebody else isn't necessarily talented or anything like that; they're just rich enough to afford the creation hardware.

    16. Re:Copyright by zBoD · · Score: 1

      I think you should read this: Some myths about intellectual property

      --
      BoD
    17. Re:Copyright by zBoD · · Score: 1

      > If there was no copyright then the incentive to
      > write books would drop significantly.

      Well give the book for free, but charge the technical support for it ;)

      --
      BoD
    18. Re:Copyright by plaidfishes · · Score: 1

      "And that somebody else isn't necessarily talented or anything like that; they're just rich enough to afford the creation hardware."

      The creation hardware gets cheaper every day. Its done so for many decades. Systems that are perfectly capable of "creating IP" have a value of almost nil. A major environmental issue coming on the horizon is how to dispose of all the excess computers out there, many of which still work when they are trashed. Cost of hardware is not a problem for the forseeable future.

      Once upon a time, all the knowledge of the world was assembled at the Great Library and Western Civilization entered a Golden Age. Shall the Second Great Library be sacked? Not by mobs this time, just lawyers in suits and the banging of a gavel. Yeah or Nay, that is the question before us.

    19. Re:Copyright by Anonymous Coward · · Score: 0

      De trouble is, in some digital society, intellectual wo'ks gots' only funcshunal value. What it is, Mama!Any intrinsic value uh a copy (printin' costs, materials etc) be nil.

      It's likes rapin' about da damn value uh a James Brown reco'd as art and arguin' it kin't be art cuz' it's mass-produced. It depends on how ya' define it, and dere be no one 'hand-crafted' reco'd out dere fum which all de oders are prints (a masta' isn't da damn final product and kin't be played on reco'd players), but even dough de James Brown reco'd be a mass-produced object it gots'ta use-value dat makes it mo'e dan some chunk uh plastic.

      Sheeit, in digital society, de medium be even mo'e wo'dless dan some chunk uh plastic- and even transpo'tin' de bits around gots'ta typically involve makin' lots uh copies uh de wo'k. Every time dis real sentence goes t'one uh de half-million Slashdot eyeballers, some copy be made. What it is, Mama!Youse not 'goin'' anywhere t'see it, some copy uh de [Intellectual propuh'ty] be made on yo' local clunker t'show ya', assembled bit by bit fum instrucshuns given by anoda' clunker. In fact, some quick traceroute shows mah' own alley t'Slashdot as containin' mo'e dan 20 hops- sprintlink, newyo'k.cw.net, 'esodus.net... so's we're rapin' about 10 million copies uh de [Intellectual propuh'ty] made in o'da' to brin' de sentence t'de eyes uh Slashdotters.

      Yet dese copies are valueless- de only value present be if someone eyeballs it, and goes 'hey. Right On! ' and decides it's some baaaad, insightful argument on de reality uh digital media. Sheeeiit.Perhaps de eyeballa' is some lawyer- and wins some court case by makin' de points I'm outlinin'. Suddenly, dis [Intellectual propuh'ty] gots'ta value- suddenly it's servin' some funcshunal purpose.

      Imagine some James Brown reco'd travellin' around on de Internet as mp3s. As it goes fum serva' to server, local copies are made and discarded- and gots' no value. What it is, Mama!90% uh de time, it ends down on de hard rolls uh data-ho'ders who duzn't even play it- again, resultin' in no value. What it is, Mama!And den it finds its way t'de hard roll uh a DJ who wo'ks playin' beat at dances, raves etc: dig dis: and dat DJ sets it aside specially, fo' times when he needs t'make sucka's git down offa dat wahtahmellun. Right On! And when he plays it, sucka's dance. Right On! THEN it gots'ta value, huge value- it kin move sucka's who oderwise wouldn't be dancin'. Use-value means ya' look at whut it's DOING, not whut it IS. It's only some strin' uh bits, when ya' look at whut it IS.

      De trouble wid copyright is, it's not equipped t'make any sense uh de digital situashun. It focusses solely on whut de [Intellectual propuh'ty] IS, on wheda' a chittlin' uh bits be effectively de [Intellectual propuh'ty] (a 128K and some 256K mp3 are different chittlin's uh bits, but kin bod be da damn 'same' [Intellectual propuh'ty]). Copyright kinnot comprehend da damn noshun uh [Intellectual propuh'ty] bein' copied willy-nilly as some no'mal activity. Slap mah fro!You's duzn't transpo't scribblin's by linin' down a bunch uh sucka's wid pencils and havin' dem lookin' ova' each oder's shoulders and copyin' whut dey see- yet dis be how digital data be transpo'ted ova' netwo'ks. In some cases, it's only de 'stream uh letters' bein' carried, and in oders de whole wo'k be sto'ed tempo'arily on de server, such as Usenet posts. It's all copyin'.

      By de same token, copyright kinnot distin'uish between [Intellectual propuh'ty] bein' copied into some totally meanin'less, no-value situashun, and bein' copied into some situashun where it gots'ta de same value some physical item would gots'. Copyin' some James Brown reco'd into some James Brown fanatic's collecshun be de same as stealin' de reco'd, funcshunally. Slap mah fro!Copyin' de James Brown reco'd t'bo'der11.ge3-0-bbnet2.nyc.pynap.net as part uh de wo'kin' uh de internet carries NO value- yet bod uh dese copyin's are da damn same t'de clunker.

      Copyright be wo'dless if it kinnot make dese distincshuns- and actively harmful if it gits in de way uh de wo'kin's uh modern communicashuns netwo'ks. And it's not undinkable t'count Napsta' users (o' deir current equivalents) as communicashuns netwo'ks demselves. Which uh dem are makin' use uh de [Intellectual propuh'ty], and which uh dem are servin' basically as o'ganic components in some titanic data cachin' scheme?

      De future be dis: dig dis: if ya' kin dink uh a wahtahmellun, ya' kin see it, eyeball it, listen t'it, watch it, widin seconds. It's not plum de clunker netwo'ks but da damn human netwo'ks brin'in' dis about. You's kin git ANYTHING widin seconds. Once ah' wuz eyeballin' some Hunta' S. Dompson scribblin', in which he referenced Mencken's famous, brutal obituary uh William Jennin's Bryan. 'S coo', bro.Half some minute wid Google, and ah' wuz eyeballin' dat obituary, likes some footnote Dompson hadn't bodered t'add. It's possible he dun didn't gots' rights t'reproduce it- but could he gots' envisioned some wo'ld in which any online eyeballa' of his scribblin' could go find dat reference in seconds? If so, would he gots' seen it as some dangerous crime, o' as some public benefit? Would Mencken gots' seen dis as some crime o' some benefit, t'so easily place his wo'k befo'e some curious eyeballer- given dat Mencken's agenda wuz t''spose Bryan as some dangerous, stupid, destructive honkyfoo' and buffoon? Mencken wants'ed t'be eyeball and understood. I'm not sho' nuff who owns de copyright t'his wo'ds now...

      Copyright IS incompatible wid de future- unless we're seekin' t'brin' about some new Dark Ages in which de common sucka's duzn't gots' access t'educashun, info'mashun- duzn't gots' access t'[Intellectual propuh'ty]. Intellectual propuh'ty be knowledge, info'mashun. It's fine t'wants' sucka's t'be compensated, but t'seriously wo'k t'cut off access t'knowledge and info'mashun means sump'n be wrong.

      De wahtahmellun dat be wrong be dis: dig dis: we're 'haidin' into some future where nobody eva' need be illiterate o' uneducated- where we're swimmin' in an absolute sea uh info'mashun fo' all, rada' dan dyin' uh a drought uh it- and we gots' sucka's wants'in' t'stop dat, cuz' dey wants' sucka's t'be only as info'med and educated as dey kin affo'd t'be.

      Copyright as it's bein' 'estended be wrong, and it must be drown out.

  23. The hits subsidize the flops by yerricde · · Score: 1

    The music industry losing money? Amazing how many albums are still going platinum, double platinum, etc. even with music pirating. Movies? Spider-Man made $114 million in it's first weekend. How much more will it make before it's done? But, oh wait, those movie studios are losing money.

    • In both record and music industries, the hits subsidize the flops.
    • The cost of making movies has skyrocketed thanks in part to consumer demand for expensive special effects.
    --
    Will I retire or break 10K?
  24. What happens when people get pissed enough? by forgoil · · Score: 3

    I won't buy a harddisk where I am not in 100% control of what is on there, no way no how. I will never allow a company to buy it, as it more than likely will affect the business negativily (not being able to make proper backups, harddisks refusing to copy files, compiles going down the drain, servers fucking up).

    The day I notice that I have bought a CD that I can't play in my computer or portable CD player I will go back and raise hell, I will refuse to ever buy that crap.

    Why oh why do they have to punish people who want to buy quality versions of CDs/DVDs etc. Give me great quality and great price and I will buy, make me WANT to buy your products, give me a reason. Bullying me will piss me off. Ladies and gentlemen, I suggest you get pissed too.

    1. Re:What happens when people get pissed enough? by Thing+1 · · Score: 1
      Ladies and gentlemen, I suggest you get pissed too.

      I'm wokring on my foruth beer. I hope its' not obvisou.

      --
      I feel fantastic, and I'm still alive.
    2. Re:What happens when people get pissed enough? by forgoil · · Score: 2

      As long as you are not drinking a beer with content protection I'm ok ^_~

  25. /. effect by PimpNasty · · Score: 0

    This guy really knows how to avoid the /. effect.

    --
    - Pimp

    I like computers, women and computers... in that order...
  26. Good point by mangu · · Score: 2

    Also, the 2nd ammendment says each citizen has the right to own weapons to fight tyrannical governments, if necessary. In the 18th century this meant rifles, today we may need digital weapons as well.

    "I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; If I find them too obnoxious, I break them. I am free because I know that I alone am responsible for everything I do."
    (Robert Heinlein, "The Moon is a Harsh Mistress", 1966)

    1. Re:Good point by Anonymous Coward · · Score: 0
      Also, the 2nd ammendment says each citizen has the right to own weapons to fight tyrannical governments, if necessary. In the 18th century this meant rifles, today we may need digital weapons as well.

      That is a very interesting interpretation of the 2nd amendment ....

    2. Re:Good point by Anonymous Coward · · Score: 0

      No it isn't.

    3. Re:Good point by xenocide2 · · Score: 1

      It also happens to be a fairly standard one. Make the conclusions that you will, but keep in mind your history and american government books have to be approved by certain people, and that every american senior must have had those classes to graduate, if the school wants federal funding.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  27. Ability to boot any kernel by yerricde · · Score: 2

    I am not sure anyone could "bury" a general purpose architecture as the PC has become; no one piece "defines" it any longer, nor is irreplaceable, right?

    I define a PC as a computing device with these qualities:

    • The device is made according to well-known hardware standards.
    • The device is sold to the general public at a price around $1,000 when new.
    • The device can load and run an untrusted kernel.

    The irreplaceable part is a BIOS that will try to load any kernel you throw at it without complaining that the kernel is not signed by the hardware vendor. Otherwise, you merely have an embedded system.

    --
    Will I retire or break 10K?
  28. The stupidest thing about DVD's by lunky · · Score: 1

    is that you can't copy them. If I had a DVD player that could record video/audio it would become a useful technology. Until that time it's a HALFWAY good technology. If the computer gets crippled it becomes a HALFWAY good technology too.

    Why the hell does anyone want to take an extreemly useful technology and limit it. It's like the ability to drive anywhere I want is a very usefull technology but if the governemt decided that automobile manufacturers had to put devices in the steering wheels to prevent people from turning left makes it a HALFWAY good technology.

    HALFWAY ain't good enough for the car and it's not good enough for the DVD and it sure as hell isn't good enough for MY computer.

    --
    lunky> c++; lunky> do{;}
    1. Re:The stupidest thing about DVD's by Anonymous Coward · · Score: 0

      "it's like the ability to drive anywhere I want is a very usefull technology but if the governemt decided that automobile manufacturers had to put devices in the steering wheels to prevent people from turning left makes it a HALFWAY good technology"

      That's probably not a good analogy. Right now you can't just drive anywhere you want. You can't drive the wrong way up a one way street. Driving in essence is a halfway good technology because there are rules involved. Despite how convenient it would be to drive my car right through the center of a shopping mall to get to the store I want, I can't do that either.

    2. Re:The stupidest thing about DVD's by lunky · · Score: 1

      Uhm, except that you can drive your car through the center of the mall. There are rules which prohibit the driving of cars through malls but there is no technology which explicitly prevents it (except doors, big potted plants and people ) It is a good analogy, because there are rules against MALL DRIVING and I make the choice to either follow them or not, JUST LIKE the same choice I make about whether or not to pirate "Training Day".

      --
      lunky> c++; lunky> do{;}
  29. The term "pre-ban" by yerricde · · Score: 2, Informative

    and all new hardware required, and implemented horrifically draconian anti-copy-anything protection which both took away the ability to copy for reasonable use, or took away nick the l337 h4X0r's ability to copy 'stuff', ancient second hand hardware, free hardware, is going to become rather desirable.

    You're not the first to think of "pre-ban computers" along the lines of "pre-ban assault rifles." If you're interested in this line of thought, read more: Google pre-ban cbdtpa

    --
    Will I retire or break 10K?
    1. Re:The term "pre-ban" by danamania · · Score: 1

      My original post was little more than a prod for curiosity - I'm on an archaic hardware kick at the moment, however another thought struck me which may have relevance. Legislated & enforced copy protection on this level isn't going to happen in a worldwide sense - at least not immediately - the countries who escape the effects are not only going to run on computer systems unburdened by anti-copy-everything protection, but may even end up with hardware manufacturers relocating, if the US goes the wrong way.

      My predictions however, can be usually counted on to mean bugger all - but it's a thought.

      a grrl & her server

  30. Old item by Animats · · Score: 2

    The original item is dated November 2000. Intel announced their chipset for "secure monitors" somewhat before that. As far as I know, though, no monitors with that technology ever shipped as products.

  31. do consumers demand special effects? by mangu · · Score: 1

    Oh, I had thought it was the inability of the motion pictures industry to come up with original plots. Instead of paying more for better script writers, they chose to use more and more digital effects, whose cost is going down all the time, and just copying their own old scripts.

    That's why they are always lobbying for extended copyright periods. For instance, ho would care to watch "Gladiator" (2000) if they could watch "The Fall of the Roman Empire" (1964) for free? By keeping the older films under their control, they can force new "digital fx" versions to the public.

  32. Fuck 'em by Anonymous Coward · · Score: 0

    I can spend the next 20 years banging away on my hand-built Athlon box running FreeBSD-4.4, and if I have to buy new parts, I'll import them from outside the US. Most of the shit's made in fuckin' Taiwan anyway.

  33. Companies Who Are Inept at Protection will Triumph by Schlemphfer · · Score: 5, Insightful

    Gilmore's main points:

    1) The costs of copy protected systems aren't paid by the "content" holders -- they are paid for by consumers. Essentially, you will end up paying more for a less capable computer, while Disney laughs its way to the bank.

    2) For a copy protected computer to work, every peripheral -- from monitors to speakers -- must have copy protection built in. Think you're having trouble getting your Wintel box to behave now? You ain't seen nothing yet.

    3) This is all being decided by government, so that no rogue manufacturers can ship non-protected computers. If that weren't the case, Apple might skip imposing copy protection, and we'd see 75% of Wintel users buying Macs so that they could avoid copy protection.

    Gilmore seems puzzled by the fact that Intel isn't telling the content companies to cram it. Obviously, Intel must think it's financially in their best interest to side with the content guys. Why they feel this way hasn't been answered.

    It seems the pivotal question here is: will the Hollings bills require all manufacturers to build end-to-end protection throughout their computers and peripherals? If not, what degree of protection does the bill require?

    A wrinkle in this that nobody has thought of. Suppose end-to-end encryption is required. Each company's protection would be a little different, as we're talking about hundreds of components from various vendors. It might turn out that Apple or AMD sort of messes up their encryption (oops!) -- and by that "mistake" captures 75% of the computer market. After all, would you rather own a machine with rock-solid protection, or one that has a huge chink in the armor?

    I know I'd want to buy my computer from the supplier who was most competent at designing machines and least competent at providing 100% protection of content.

    Want to start a successful computer company? Just hire designers who don't know or care about ensuring robust protection.

    --
    I'm generally "Interesting," "Insightful," and even "Funny" here. What the hell happens to me at parties?
  34. To protect ideas by mangu · · Score: 2

    it was there to protect ideas so others would innovate

    That's why the Constitution only grants those rights to Authors and Inventors. Thoday, the holders of copyrights and patents are, almost always, corporations.

    Another distortion of the basic idea came when they started granting copyrights to people who performed the works. Actors are not authors, singers are not authors. They are just doing a job, and should be paid - just once - for doing it, like all other workers. Why should Britney Spears or any other singer be paid millions for singing a song that someone else, probably a 9-to-5 office worker, wrote?

    If the intent of the Constitution were to be applied, only people who wrote something, be it books, plays, screen scripts, music, watever, would be entitled to own copyrights.

    1. Re:To protect ideas by Planesdragon · · Score: 3, Informative

      Another distortion of the basic idea came when they started granting copyrights to people who performed the works. Actors are not authors, singers are not authors. They are just doing a job, and should be paid - just once - for doing it, like all other workers. Why should Britney Spears or any other singer be paid millions for singing a song that someone else, probably a 9-to-5 office worker, wrote?

      Because there's quite a lot of effort that goes into crafting a style--easily as much effort goes into RECORDING a song as does WRITING it. Plus, a performer's copyright only applies to their performance. Remember: the constitution was written before timeshifting music was possible at all.

      If the intent of the Constitution were to be applied, only people who wrote something, be it books, plays, screen scripts, music, watever, would be entitled to own copyrights.

      No, that'd be the letter. The Constitution's copyright / patent powers are there so Congress can protect the right of "creative people" to their work for a "limited time." The fact that both of these definitions has been extended to a much longer period of time is neither unexpected (we live longer, and people are creating new ways to create things) nor, in itself, a problem.

      (The problem, btw, lies in distorting the IP rules to apply to something else [copyrighting what should be patented, patenting what should be trademarked] and continually pressing the "limited time" part of copyright.)

    2. Re:To protect ideas by handsomepete · · Score: 1

      Another distortion of the basic idea came when they started granting copyrights to people who performed the works. Actors are not authors, singers are not authors.

      That's a very good point. That's partially why a lot of the ASCAP bi-laws were created - to keep the songwriters in the loop and paid when the music industry was hiring people to perform their music. They kept the initial idea intact. However now you can probably search around Google and news sites for instances of ASCAP and BMI reps going to hotels and hearing a bar musician playing a coprighted song. The next day the hotel manager will have a notice on his desk telling him (or her) to purchase a $2,000 - $3,000 license. It's so easily corrupted. As a musician who plays for fun in his spare time all of this hypocrisy and greed really bother me... but maybe I don't 'get it' because I don't do it for a living.

    3. Re:To protect ideas by mangu · · Score: 2

      ...quite a lot of effort that goes into crafting a style...

      But that's exactly what it is: a craft. It takes a lot of effort to learn how to do many different jobs right. The Constitution's intent was to protect creative work, not hard effort.

      Suppose you are a composer. You have created this new music, but you cannot afford to hire a drummer to record it, so you "sample" the drums from some other recording and use it in your own work. Whose work represents more the "progress of useful Arts", mentioned in the Constitution: your own new musical creation, or the job of some drummer who applied his skill, style, and craft to play a sound which can be used indifferently in a great number of musical styles?

    4. Re:To protect ideas by rgmoore · · Score: 2
      That's why the Constitution only grants those rights to Authors and Inventors. Thoday, the holders of copyrights and patents are, almost always, corporations.

      This is pretty much unavoidable. Inventions and literary works are rarely done singlehanded. Copyright and patent law must allow the possiblity that works are a joint effort of more than one creator, and that opens the door to corporate ownership. I've seen this objection a lot, but I have yet to see a practical alternative that preserves the rights of groups of creators while preventing corporations from being able to own patents or copyrights.

      Another distortion of the basic idea came when they started granting copyrights to people who performed the works. Actors are not authors, singers are not authors. They are just doing a job, and should be paid - just once - for doing it, like all other workers. Why should Britney Spears or any other singer be paid millions for singing a song that someone else, probably a 9-to-5 office worker, wrote?

      This is a much less significant change than you make it out to be. If you aren't going to grant copyright for a specific recorded performance of a work, you're left with two options. Option 1 is that the copyright to specific recordings is held by the author of the script, score, or whatnot. The result of that approach is going to be essentially the same as the current system, just with all of the money going to the original author rather than to the performers. I fail to see how this is dramatically more equitable than the current system. Your complaint that Britney Spears makes millions for performing a song is just as readily applied to the author of the song. Why should he make millions of dollars for writing the song just once?

      Option 2 is that there be no copyright protection at all for recordings of performances. This seems even less equitable than Option 1, because under that system neither the author nor the performers get anything.

      The current system seems more fair than either of those two options. Authors of scripts, scores, etc. do get author's royalties today, so they are fairly compensated for their writings. At the same time, performers can copyright their specific performances, so they receive compensation for their efforts.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    5. Re:To protect ideas by Planesdragon · · Score: 1

      Whose work represents more the "progress of useful Arts", mentioned in the Constitution: your own new musical creation, or the job of some drummer who applied his skill, style, and craft to play a sound which can be used indifferently in a great number of musical styles?

      Better question: Who has the authority to decide who is more deserving of protection?

      "Craft" has a real meaning in a creative sense. A composer "crafts" their work. A novelist "crafts" an outline. Both of these also "craft" styles, which give real value to their works that copyright allows them to collect on.

      A performer also adds value to the music that they are given, and deserves protection of each specific performance. If the performer simply charges a fee that's too high, the interested party can simply hire a drummer of their own.

      Oh, and about that "cannot afford" bit. Artists have no right to funds to create new art. They have to either save and self-finance, or convince others to support them. Shakesphere had to pay for his pens and his theature. Piccasso had to pay for his paint. A composer who does doesn't want to pay for a drummer can either learn to play the drums himself, convince a band that they can make money perofrming it, or apply to the government and convince them that he deserves funding.

      The composer has no more right to steal the effort of a drummer than Microsoft has to steal Linus Torvald's coding efforts, or that Lucas has to steal the work of other special effect houses in Hollywood.

    6. Re:To protect ideas by styrotech · · Score: 1

      Why should Britney Spears or any other singer be paid millions for singing a song that someone else, probably a 9-to-5 office worker, wrote?

      Hey wow, you're telling me that the reason that crap rakes in the millions is because of the creative lyrics?

      Hell, it would probably sell better without the words!

  35. Re:Wishful Thinking by urmensch · · Score: 1

    don't be such a pessimist! just spread the word and fight the good fight ;)

  36. Re:I think my cat is sick. How should I treat it? by Anonymous Coward · · Score: 0

    Lock him in a cage until he is no longer addicted.

  37. The only way by kscguru · · Score: 2, Insightful
    The only way any industry will ever get everyone to accept hardware "rights management" like this is if they make a better product. That's right: they have to make some DVD-player system (or whatever else they feel like) that has MORE features and more useful goodies than the modern computer.

    Why are people switching from old videotape to DVD? It's the addons - no degredation of quality over time, extra interviews, a smaller disc, you can play a DVD on your computer, or whatever else it is that Joe Consumer happens to like. Laserdiscs didn't have as nice a "feature set" as DVDs, and we can see how few people actually have laserdisc players...

    If the content industry wants people to use rights-management hardware, they have to make the hardware desirable (or pass a law banning everything else...). And if they don't make the hardware SIGNIFICANTLY better than the stuff we all have already - our boxes, our DVD players, etc., then the market is going to drop "rights management" like a hot potato.

    And if the content industry actually DOES create a better product, and gets the market, I say more power to them! Then, and only then, are they actually working in a capitalist economy. But I don't see that kind of creativity on the part of the content industry, or whoever else wants "digital rights management."

    --

    A witty [sig] proves nothing. --Voltaire

    1. Re:The only way by moncyb · · Score: 2

      If I understand your post correctly, you are confused. It seems you say the industry should make a system that people want and also has copy protection. Then you go on to say it should be just like DVD. DVDs already have a "rights management" system (CSS, regions, etc...). It is weak and primitive, but it is there.

      Even this primitive scheme has serious problems--as do all copy protection systems. Read these two articles listed below. Note that voodoo3 cards have a tv out, which the DVD consortium apparently decided is evil.

      This kind of crap is why I haven't bought a DVD player/drive. The thing is useless if you can't play anything due to copy protection. ...or you are forced to watch a bunch of commercials! ...or cannot use the OS of your choice!

    2. Re:The only way by ewhac · · Score: 2

      The only way any industry will ever get everyone to accept hardware "rights management" like this is if they make a better product.

      This is impossible, because "good product" and "copy protection" are contradictory terms.

      Copy protection is an artificially introduced capacity for failure. In other words, they are creating failures and and breakages where none would exist otherwise. If the copy protection isn't there, the product is less expensive and more reliable. So what are consumers going to buy: The cheap, reliable product, or the expensive, flaky product?

      Schwab

    3. Re:The only way by God!+Awful · · Score: 2


      The only way any industry will ever get everyone to accept hardware "rights management" like this is if they make a better product. That's right: they have to make some DVD-player system (or whatever else they feel like) that has MORE features and more useful goodies than the modern computer.

      BS. That technological lead will last for all of 3 seconds until someone puts out an identical product without DRM. Why people continue to mod arguments like this up is beyond me.

      -a

    4. Re:The only way by kscguru · · Score: 1

      That technological lead will last for all of 3 seconds until someone puts out an identical product without DRM.

      That's exactly the point - with our highly touted free market system, everyone is free to make a better product. "Better" in one way might be "has more features, but isn't as nice for geeks to use" (i.e. DRM features), but to another consumer "better" might mean "same as the other guys, except w/o the DRM junk". In a free market, both of these products are perfectly valid.

      As for someone putting out a non-DRM product 3 seconds later... How about the difference between a game console and a PC? I would argue that neither one is really more technologically advanced than the other (beyond maybe a few-month gap for a product life cycle). But because consoles are a "better" product (for playing a game on a large-screen TV with an interactive controller, and for not crashing as often, and for being cheaper than a PC), they have a strong market. PC games have a market because they are "better" than games at 1) saving, 2) multiplayer, and 3) better controls for complex games (just a few ideas, I'm sure there are more). Just copying a product and stripping DRM out of it doesn't necessarily mean the stripped product can compete with the original.

      What I'm suggesting is that the DRM-favoring industries will only be successful if they can produce a product that is innovative enough to be BEYOND what someone else can copy "in 3 seconds". Some industries can produce a more innovative product - you go to a restaurant for well-prepared food and atmosphere, when it's cheaper and you have more freedom to choose when you go to the supermarket.

      But, being a Slashdot user, I am obliged to present these two observations (because I'd get flamed for anything else?):

      • The industries that rely on DRM don't seem to be innovative enough to produce anything useful.
      • The DRM industries run with such a crippled, non-standard business model that they could never survive in any real business beyond their cute, rights-managed-by-overprotective-laws world.

      In other words, I defend the right of companies to produce products with DRM. I just don't think they are competent to be successful with it - I think that, fairly soon, someone else is going to come along, with a better vision of how to run a business in a content-type world, and will drive these DRM-favoring companies straight out of business. Some companies are already successful - look at Red Hat, they are "innovating" the Linux OS with something of value (polish, and support), and therefore have a product to sell. I think the only reason there aren't more Red Hat-type companies in this world is that there hasn't been enough time to work through the trial-and-error process of coming up with a way to do business.

      --

      A witty [sig] proves nothing. --Voltaire

  38. Re:Companies Who Are Inept at Protection will Triu by mangu · · Score: 1

    Want to start a successful computer company? Just hire designers who don't know or care about ensuring robust protection.

    In other words, you are saying that Microsoft products will dominate the software market if the Hollings bill passes?

  39. Re:Companies Who Are Inept at Protection will Triu by acceleriter · · Score: 3, Interesting

    I'm reminded of the Apex DVD player in which the engineers "forgot" to remove the "loopholes" menu which enabled switching NTSC/PAL, setting region, and disabling Macrovision. I immediately bought one.

    --

    CEE5210S The signal SIGHUP was received.

  40. How big is Jack's house? by MrPerfekt · · Score: 3, Insightful

    Spare me the crap. Since when are the media businesses failing? I have yet to see a major media outlet come remotely close to bankruptcy _ever_.

    Piracy as a term is a joke anyway. There are numerous reasons why it's good.

    1. Try before you buy.

    2. Equalization of overpricing.

    3. And most importantly, free movement of expressions and ideas, the way things should be.

    The society in which we live that is, in effect, fairly unchangable by any one person, needs to change. We can not possibly hope to better ourselves as a species while we're squabling over our paychecks.

    A money-less society is of course utopian but if we can't go all the way lets at least try to make it some of the way. I'm not saying the people that create music and movies and other forms of entertainment shouldn't be compensated. I'm saying they shouldn't be grossly compensated, as a majority of them are.

    And it's only common sense that the industry middlemen are jokes in suits. To those people: stop leeching off of other people's talent and whining when you don't have enough cash to buy that island you want.

    To those people that their rebuttal will be: "Stop pirating! You're the leech". I find that comment silly, I profit in no way from any piracy. I may not have to pay exorbitant amounts of money to have the artists' (and in some instances, others' like the government) make an impression on me and keeping me from being bored for an hour or two. But face it, if you do pay the outrageous prices they ask, you're part of the problem.

    --
    I just wasted your mod points! HA!
  41. Personally... by MrBandersnatch · · Score: 2, Flamebait

    I hope this bill gets passed. The REAL upshot of it will be that peeps outside of the US will buy equipment from Asia & the EU (that will circumvent copy protection messures) and avoid US manufacturers altogether. And many within the US will import and still keep rippin and warezin.

    As it is the USA has garnered a lot of bad feeling interneationally since Bush came to power, and I for one am sick of the USA attempting to thrust its legislation down my throught. Dont get me wrong - America is a great country with many fine people - but your politics SUCK!!

    Go ahead, do it - see if the rest of the world gives a shit as the US economy goes into a nose dive!!

    1. Re:Personally... by archen · · Score: 2, Funny

      Dont get me wrong - America is a great country with many fine people - but your politics SUCK!!

      And this makes us different from the rest of the world how? =P

  42. The conspiracy starts at home, then moves abroad by mouthbeef · · Score: 2, Insightful
    To those of you who conclude that these copy-prevention technologies will only be mandated in the US, leaving the rest of the world free to carry on with the business of innovating at will, I offer the current draft of the Broadcast Protection Discussion Group, to which the co-chairs (from Intel, Fox and Mitsubishi) have added the following language:

    Scope
    This document sets forth requirements to be imposed on certain products that receive unencrypted digital terrestrial broadcast content to protect such content against unauthorized redistribution [outside of the home or personal digital network environment].2 The document assumes that the requirements will apply in the United States, although it is anticipated that the requirements could be modified, as necessary, for use in other jurisdictions.

    Got that? The conspiracy knows that it's going to have to extra-territorialize if its going to acheive its ends, and it's rarin' to go.

  43. Re:Dwindling? by symbolic · · Score: 3, Insightful

    I don't agree with piracy (and I think the whole Napster thing was a bigger SETBACK than anyone realizes). BUT, no system is perfect. There are losses and inefficiencies involved in any kind of market conduit, and the digital realm is no exception. That having been said, I think there's a difference between taking measures to minimize piracy, and extracting every possible nickel and dime from your revenue nodes (formerly known as customers). The proposed methods are particularly insidious, because they shackle the vast majority of those who are honest. This has already become more trouble than it's worth for me (which is why I don't buy, rent, or steal CDs, videos, or DVDs), and with any luck, mor people will begin to see the light. There IS life on the other side.

  44. The Constitution IS Enough, If it isn't Ignored by FreeUser · · Score: 5, Insightful

    This one IS appropriate for the YRO section. You should have the right to buy any computer, with or without copy protection in hardware. Of course, this is not a right that's very well protected by the Constitution.

    It is a right very well protected by the constitution. Any powers not explicitly granted the federal government by the constitution are reserved for the states, for municipalities, or for the people (10th amendment).

    The Federal government has been granted no explicit authority by the constitution to regulate the sale or construction of computers.

    The problem is that the government hasn't been abiding by the constitution for at least 70 years now, so we really can't expect it to start now.

    Instead, for the sake of expediency over constitutional law, the courts routinely misuse the so-called commerce clause to extend the federal government's powers into all kinds of areas it is constitutionally barred from, but are nevertheless popular with the people to regulate anyway (War on Drugs, Child Pornography, etc.). By diluting the power of the constitution with these causes, irrespective of their legitemacy, we are now in a situation where real social and political pressures are coming to bear on our way of government (the Copyright Cartels' attacks on our most basic freedoms, the War on Terrorism and many of the unconstitutional methods being used to wage it domestically, not to mention the recent election debacle), and we no longer have a strong constitutional foundation to fall back on.

    We sold it cheap in the name of "the children" to wage our War on Drugs, our War On Pedophiles, now our War on Terrorism and, comming soon to a computer near you, Our War On Copyright Violators.

    The future is no longer terribly bright. Indeed, by selling out our most fundamental values for a perceived short term societal gain (who wouldn't want child pornographers jailed?) we've now insured that the future is a dark, bleak, ugly place ... one with virtually no rights and few liberties, and one we are now going to be very hard pressed to change.

    --
    The Future of Human Evolution: Autonomy
    1. Re:The Constitution IS Enough, If it isn't Ignored by Dolly_Llama · · Score: 2
      The Federal government has been granted no explicit authority by the constitution to regulate the sale or construction of computers.

      The Federal Government has been regulating these sorts of things based upon interstate commerce which becomes incredibly broad if you consider the variety of places source components for 'computers' come from. This isn't necessarily extra-constitutional but one of the many ways that the Federal Government has exercised its authority over state governments in a broad trend going back to arguably the Civil War. Another ancient chinese secret of the Federal Government is to attach strings to Federal Dollars based upon the compliance with Federal regulations. The 55 Speed Limit is a prime example. If the states wanted Federal Highway money, the states would have to comply with the 55 speed limit.

      Aside from that, I agree with your post. The future is not looking terribly bright and ineed is growing dimmer by the day. It is my humble opinion however, that it is more of a function of the centralization of power (economic, governmental, moral) in the country as well as the world. Our system of government was established for a population of approximately 3.8 million people, fewer than half of which were actually enfranchised. Compare that to the modern United States of 280? million. Even one state (California) has 10x as many people as the entire nation for which the constitution was written.

      The time has come for massive devolution of power such that people can again have a significant impact on issues which affect their lives.

      --

      Somewhere, something incredible is waiting to be known. -- Carl Sagan

    2. Re:The Constitution IS Enough, If it isn't Ignored by Windcatcher · · Score: 1
      Interesting. I was surfing around and I saw an article mentioning something to that effect. Basically it said that the ratio of constituents to representatives has grown WAY too high, so that not only are individual voices drowned out, but even certain groups.

      I'm starting to think that there's simply too much power in Washington. What do they care what 250,000 people scattered all over the country think? For any one federal politician, that's nothing more than noise. I'm wondering if maybe we need a strengthening of the Ninth or Tenth Amendments. A state politician (esp. in Silicon Valley) would certainly care what we geeks think.

      What can we do about this? Maybe another Blue-Ribbon campaign for a federal law to protect our digital rights/fair-use rights? Push for a Constitutional Amendment barring the federal government from getting involved? (Yes, I remember the ERA and just how hard it is to get one passed). IMHO there needs to be a Simple, Clear Message(tm) that everyone can grasp. And it needs to be put in everyone's face so they can't ignore it (like a blue ribbon campaign). I have a web site. I'd put a ribbon graphic up.

    3. Re:The Constitution IS Enough, If it isn't Ignored by JaguarCro · · Score: 1

      Join the Libertarian Party. We are doing exactly what you suggest. You can change things but it requires action.

      Randy Overbeck

  45. Re:I think my cat is sick. How should I treat it? by Anonymous Coward · · Score: 0

    Shoot him.
    Yup.

  46. Re:Companies Who Are Inept at Protection will Triu by Anonymous Coward · · Score: 0

    Gilmore seems puzzled by the fact that Intel isn't telling the content companies to cram it. Obviously, Intel must think it's financially in their best interest to side with the content guys. Why they feel this way hasn't been answered.

    Seems clear to me. Intel wants to voluntarily add content control mechanisms into its hardware before the government forces them to do it - on the government's terms.

  47. Then I guess you won't mind by Scratch-O-Matic · · Score: 1

    if cars are made so they don't exceed the speed limit. We can just blame it on the speeders.

    --


    Evil is the money of root.
    1. Re:Then I guess you won't mind by pyramid+termite · · Score: 2

      if cars are made so they don't exceed the speed limit. We can just blame it on the speeders.

      Interesting how thousands of Americans die yearly due to excessive speed, and yet, no bill is ever introduced into Congress suggesting this. Yet, let corporate profits be endangered by copying and all sorts of legislation is introduced to limit the machines responsible.

    2. Re:Then I guess you won't mind by FyRE666 · · Score: 1

      This is a pet peeve of mine. Why not add speed limiters to cars, just as they're added to trucks and busses? In fact the limiters should be variable, controlled by the zone the vehicle is in (ie, in a 30 limit, the car could not exceed 30).

      Think of the benefits:

      1. Less idiots barreling along at 120 in their BMWs with a mobile phone clamped to their ears.

      2. Less accidents in town centres.

      3. Insurance costs (might) be lowered as car theft and high-speed chases led by pimply-faced 13 year olds would drop radically!

      Of course, on a racetrack, or other off-highway road the limiter would be set to the cars maximum speed. This idea won't win votes though, so I doubt you'll ever see it happen any time soon...

    3. Re:Then I guess you won't mind by Anonymous Coward · · Score: 0

      er... no. Most accidents (> 90%) can be attributed to either alcohol or some other distraction.

    4. Re:Then I guess you won't mind by Anonymous Coward · · Score: 0

      You must be the guy that drives around my neighborhood at 20 MPH even though the speed limit is 35 MPH, just to be safe.

    5. Re:Then I guess you won't mind by pyramid+termite · · Score: 2

      About 40,000 people a year die in auto accidents. 10% would still leave thousands, wouldn't it? Anyway, www.legallawhelp.com says that 29% of fatalites involved speeding.

      There you go.

    6. Re:Then I guess you won't mind by xphase · · Score: 1

      I know this is an old discussion, and no one will probably read this, but there is a problem with speed limiters. First, imagine this, your're driving along maxed out at 30 MPH when out of no where a car comes out of nowhere(a driveway) right beside you, you see them, and have less than a second to react. In real life if this happens, you speed up, yup that's right, you speed up over the speed limit and avoid hitting the car. With a speed limiter, then you get hit. I'm sure there are other examples of this, but I'm not thinking of any right now.

      --xPhase

      --
      The following sentence is TRUE. The previous sentence is FALSE.
  48. Getting what they deserve? by speedfreak_5 · · Score: 1

    The pirates aren't getting what they deserve. They're still finding ways around the copy protection. The honest consumers are the ones getting the shaft.

    --
    Why yes I am paranoid! Thanks for asking!
    1. Re:Getting what they deserve? by someone247356 · · Score: 1


      Um... "Pirates" are/were people whole took over ships, usually at gun point. They stole property, and endangered lives.

      What we are actually talking about are people who "infringe copyright". Usually no one is endangered, and in most cases nothing is even stolen.

      The whole system of copyright is broken. It only benefits large corps. The whole point of copyright was to enrich the public domain. Nothing has gone into the public domain for decades.

      "Fair-use" is the pressure release value that lets copyright coexist with the "First Amendment". By effectively eliminating fair-use they have put copyright at odds with the first amendment.

      Unfortunately, if they succeed in making all nonfinancially compensated use of all works illegal, they are just going to make most of the population criminals.

      We just have to look back to prohibition to see how well THAT works.

      So, please, don't continue to confuse the issue by using loaded words like "pirates" to describe "copyright infringement".

      Thank you.

      --
      Just my $0.02 (Canadian, before taxes)
  49. Re:Inconstitutional by martyn+s · · Score: 1

    He was making a joke, geddit? laugh.

  50. Re:Dwindling? by Kalabajoui · · Score: 2, Interesting

    Actually, the whole Napster thing woke me up to how sleazy the entertainment industry is. The debates surrounding the issue of Napster were also formative in my understanding of intellectual property and how it is a fundamentally wrong concept that's against human nature and harmful to vertical mobility and society in general. Before Napster, I sympathized with the RIAA's position. Now, I see them for the anti free marketers they are. I'll never buy a CD or DVD while the proceeds of the sale is being used to lobby my freedom away. So, at least in my case, the Napster debacle served a usefull purpose.

  51. Find new land by martyn+s · · Score: 1

    Historically, one of the easiest and most powerful ways of really changing things is to find new land and just start from scratch. I hereby proclaim that we must start a new republic on mars, with a new set of values.

    1. Re:Find new land by Anonymous Coward · · Score: 0

      ...we must start a new republic on mars

      Step 1) Create a spaceship capable of taking around 10,000,000 geeks and 20,000,000 hot chicks to mars with up to 5 years (travel time)
      Step 2) Screen potential mars immigrants (no lawyers, politicains, microsofties, corporate whores, script kiddies, etc.)
      Step 3) Create society there that is self-sufficent and create a new slashdot there
      Step 4) Create a new Internet without spam, advertising, microsoft viruses, cheap webpages, and other crap)
      Step 5) ...
      Step 6) Utopia!!

  52. Time to destroy hollings by Stephen+Samuel · · Score: 4, Interesting

    This raises only one question in my mind:
    What would it take to deny Hollings the democratic nomination in his next election bid? This is really the only way to stop him (others of his ilk will respond when they see him die a thousand deaths).

    --
    Free Software: Like love, it grows best when given away.
    1. Re:Time to destroy hollings by adrenalinerush · · Score: 1
      I'm not supporting Hollings here or anything, I just thought I'd point out the interesting juxtaposition of your statement with your signature.

      Heh.

    2. Re:Time to destroy hollings by JaguarCro · · Score: 1

      The Libertarian Party runs a candidate in just about every district for US House Members and US Senate Members. They would never support anything like this and they would vastly reduce the size of government as well (a great second benefit). Change requires action on your part.

      Randy Overbeck - What if Congress were measured not by the laws they passed but by the laws they repealed? After all we are told countless times that we are the freest country in the world.

  53. changing times by BenjyD · · Score: 3, Insightful

    The 'content' companies like Disney etc. are trying to use legislation and technology to stop progress and allow them to keep making profits. This is such a short sighted view.

    As a (hypothetical) example, take music CDs. A new CD costs £15 over here, and before I buy it I can hear maybe one song off it on the radio if I'm lucky. That's a big investment for something I might only listen to once. So I don't buy many CDs, and I rip oggs of other peoples' music.

    But what if the music companies offered different versions of CDs? A cheap one, with just a paper sleeve and the name on the front for a three or four pounds, and a 'premium' edition with extras, proper case, lyric sheet etc at full price?

    The fans will buy the full price disc anyway, and everyone else will buy the cheap one. Thus, more sales, less copying(why bother copying when you it doesn't cost you much to get a proper copy?). Greater listening audience means more fans in the future, leads to more sales of the premium version.

    I get the music I want without breaking the law, the music industry gets to make its profits still. Everyone is happy. Or is this a dangerous communist anti-american view that will have FBI agents trying to get me extradited?

  54. The average consumer is dumber than that... by JaredOfEuropa · · Score: 1

    or maybe calling them dumb isn't fair. Rather, the average consumer does not know, or care, and may never even discover that their new piece of equipment has any such hardware copy protection. At best, they might try to copy a movie from a DVD to a VCR, find that they cannot, shrug and give up.

    It is the same with Macrovision. Really, how many consumers will ask "will this one defeat Macrovision?" before buying a VCR?

    That's what the hardware companies may be counting on. I know I would...

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  55. MPAA and RIAA are stupid by Lumpy · · Score: 4, Insightful

    if I can see it or hear it then I will have it in a form that is not controlled by them. They cant stop it and they never will short of creating laws that have the death penalty attached to it. Even then I dont see it stopping. Documents,movies,video,music,audio,art. it will exist in open and unrestricted forms in greater numbers and shared rampantly no matter what they do or what they try.

    Why? because the general populace will never be stupid enough to believe that when they buy a CD or DVD they didn't buy anything but are only holding a delicate license to view it a limited number of times until the morther company wants to revoke it for any reason. The general public wont put up with it... and we dont.. looking at how "protected cd's" get ripped and on Gnutella,kazza,opennap,etc... minutes after release is proof enough.

    Hey Movie companies, recording companies, writers, actors, musicians.. Thanks for the entertainment, but try and tell me how to enjoy it? then you can go straight to hell and

    It's time we all stand up and collectivally flip off anyone that is for content control.

    --
    Do not look at laser with remaining good eye.
    1. Re:MPAA and RIAA are stupid by Ster · · Score: 2, Insightful
      Quoth Lumpy:

      Why? because the general populace will never be stupid enough to believe that when they buy a CD or DVD they didn't buy anything but are only holding a delicate license to view it a limited number of times until the morther company wants to revoke it for any reason. The general public wont put up with it... and we dont.. looking at how "protected cd's" get ripped and on Gnutella,kazza,opennap,etc... minutes after release is proof enough.

      Ah, but we aren't the "general populace"!
      Part of my job(s) is doing technical support, and let me tell you, most people still treat computers like black-boxes: inscrutable, beyond understanding. If something doesn't work, they might get mad, they call me, but if I say I can't fix it either, they leave it at that. After all, if Ster can't fix it, it can't be fixed!
      Most people don't have the know-how that Slashdot posters (think they) have. They come across a CD that won't play in their computer, they curse the computer and play it in a CD player instead.

      -Ster

    2. Re:MPAA and RIAA are stupid by Lumpy · · Score: 2

      Yet these same people happily loan each other the Office 2000 and Xp cd's, virusscan software, etc... when you tell them, "that's illegal" they laugh and say, no I own it, I can loan it to him.

      and the general user can easily use kazaa and the likes... we just supply them with the control-free copies...

      Funny, they happily download those too....

      Herein lies what will happen... the few of us that have enough brain cells to understand PC's will feed the braindead sheep the content-control-removed versions.

      This is how it is now, and this is how it will be, nothing will change that.

      --
      Do not look at laser with remaining good eye.
  56. Won't Happen by Anonymous Coward · · Score: 0

    What would it take to deny Hollings the democratic nomination in his next election bid? This is really the only way to stop him (others of his ilk will respond when they see him die a thousand deaths).

    Well.. The tech crowd is a small, but vocal minority. What we see and know as an incursion on our rights and freedoms, others see it as an attempt to thwart "hackers", etc. The media certianly is partly to blame for this.

  57. Copyright is a right like many others... by JaredOfEuropa · · Score: 1

    ...such as property rights. They are by no means a natural or moral right, but exists by the grace of a mandate from the public. As soon as that mandate is gone, everyone is free to go and steal their neighbour's car. What bollocks.

    Clearly people no longer thing there's anything to be gained from copyright. Is it really that clear? I never hear anyone complaining about copyrights, except on warez boards and here on Slashdot.

    But as it is now, the moment you start selling a book, a CD or whatever, you can publish so many copies that there would be no point in others trying to sell the same thing. You have it backwards. Copyright might have been useless in the past, where copying books, movies and CD's was time consuming, expensive, and lossy. These days, copying almost anything can be done fast, without significant loss of quality, and almost for free.

    Think for a minute. Without copyright, Joe Schoe could legally copy a movie for a friend, and W4r3z D00d could legally put up a new bestseller up on his site for downloading. Nothing serious? Without copyright, anyone can legally copy that computer game, that you spent 2 years writing, and that you have invested your live savings into for marketing and production. They would be allowed to copy it, and even sell the copies legally. At zero development costs, and their cost for copying being next to nothing, they will be able to undercut your prices anytime. And they can do it the day you release your game into the market. Where do you think that would leave content developers?

    We should fight to maintain our rights of fair use, the right to own at least our copy of the copyrighted work (rather than having to pay per use), and to do as we please with that copy. The wish of businesses and private persons to protect their works and enforce copyright laws is a legitimate one, but we should not let our rights be curtailed. However, we still need copyright, people.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    1. Re:Copyright is a right like many others... by SmileyBen · · Score: 2

      Actually, sorry, but you're completely wrong. *Sure*, if people decide copyright is no longer relevant, and start copying movies so that studios can't afford to make the number they do we'll have fewer movies. But who says that we have to have as many movies as are made now? Why *should* we have computer games that people spent 2 years making? That's the point I'm making.

      There's no reason why people have to support these sorts of things in perpetuity. There will always be bands who can make enough off live gigs, and films that don't waste so much money on special effects that they can survive on box office profits of the first printing of reels. So perhaps these things will become more expensive. So what? If society as a whole decides that copyright is no longer relevant, these are the sort of things that they decide along with it. But you can't just say 'Wah, they won't make 300 million dollar movies anymore' - perhaps society as a whole is willing to accept this.

      My point, simply, is that if society does decide that, there is *no way* that the 'content industry' can protest about it. They can try to point out to consumers what they'd be losing, but there's no moral argument above social agreement to back it up.

      Your property rights argument is a very good parallel. Clearly there is no reason why I can't walk off with your chair, except that we've all agreed that we don't like that, and want people to keep things where they are. We also have the power to make people who don't agree with us toe the line, but if everyone decides that property rights aren't relevant anymore, nobody can claim we have essential property rights (except maybe Ayn Rand). If society choose communism, that's as valid a choice as capitalism, and you can't argue with it if the society is agreed.

      And yes, I think there's quite a bit of evidence that people don't terribly respect copyright anymore. The idea that Britney would be penniless if we didn't have copyright is ridiculous - official merchandising would always make her millions, even if the exact same thing was available but could have the 'official' label because of Trademarks.... Not, of course, that that's a good thing!

  58. Intel fights DCM, AMD kneels for Microsoft by Glasswire · · Score: 1

    Intel has consistantly FOUGHT digital content mgmt from CEO on down (See recent Business 2.0 article asking Is this Man (Andy Grove) is Pirate )
    AMD has said nothing on this and argued on Microsoft's side in antitrust court - and MS is very intent on installing in content mgmt. Wake up.

  59. No DRM, no play by No+Such+Agency · · Score: 2

    Even if people all use "approved" monitors and computers, they will be using them to view "free content" (free as in free speech, not free beer).

    One of the nasty features of this sort of hardware "rights protection" is likely to be the tagging of any content WITHOUT DRM as "pirated". This is because the media companies know that no encryption scheme is crack-proof, and if they can't prevent cracking, they have to instead prevent anyone playing the cracked content. This has the added benefit of crushing smaller indy content producers who don't have the $$ or desire to use DRM. Surprise! Your "free content", distributed without DRM technology, won't play. Too bad, go rent "Men in Black III" instead.

    --
    Freedom: "I won't!"
    1. Re:No DRM, no play by Technician · · Score: 2

      True, they want it to be like DVD players and cable boxes. Nobody would even bother buying a DVD player without a decoder in it because it would be very useless. There is very little DVD content not CSS protected. (I have seen one sold in Yellowstone National Park not region protected)
      They want computers to be the same as a Cable TV box. No protection, no new releases. New releases need content protected boxes to play. They are trying to legislate the chicken and egg sysdrone. There just isn't enough protected boxes out there to provide a market for their content. The answer is to force everyone to have a subscribable box. Then the content can be sold to the masses without them sharing it with each other.
      That's why they can't just leave the PC's alone. Unprotected content and players (PC's) destroys their sales distribution model. If I want Pay Per View, I know how to subscribe. Please don't make my PC a cable box!

      --
      The truth shall set you free!
  60. If I was a microprocessor company..... by Anonymous Coward · · Score: 0

    1/If I had the choice to continue to designa dn build an architecture I'd invested billions maybe trillions in i'd want to protect it and not re-design it from scratch.

    2/It will const INTEL shed loads $$$$$$$$$$$$$$ to implement

    3/ intel will loose backwards compatability!! their mainstay of the x86 architecture so far.

    4/ what happens when another company make s a more powerful processor that will be illegal to import; a foreign military gets it and we can't legaly make anything to rival it??

    5/ Yey the NSA computers unless they can't run any security software won'y be able to check our private stuff. but they wont be able to read terrorist E-mails either.

    6/ will I be able to bring my ARM laptop into the states because the processor does not have digital media protection on it?
    Will an intel chip with protection work in Europe as we may not have protection enableled

    7/ we already know the world can't settle on standards (or ignore Ip and ATM) DAB NTSC PAL etc etc. so will we have to have different processor ranges for each country? America left with Intel rest of the world AMD ?!?!?!

    8/ will the sight on a M1 MBT work outside America

    9/ FPGA companies will love it!!!

    10/ And now we start wondering why cinema tickets are so expensive if they can pay intel to dewsign 8 processors in paralell which are identical except for 1% of the hardware.

    11/ how long untill we can try adn unlock these devices I love the SDMI challenge

    12/ at least open source hardware will take off!!

    13/ I thougt politicians were supposed to serve teh best interest of thier constituents not their pockets!!!!!

    14/ introdece an amendment wherby politicians can be held accountable to the death penalty for not representing the interests of those they "Represent"

  61. BPDG is not that bad by Anonymous Coward · · Score: 0

    I just read the BPDG draft specification. In my opinion, it is not that bad.

    The BPDG would regulate digital television receivers. It would not regulate computers. It would not regulate speakers. It would regulate only devices capable of receiving digital television broadcasts.

    The BPDG would not prohibit digital television receivers from having external outputs. It would just limit the outputs to being either analog outputs, or digital outputs with a maximum of 720x480 resolution with 48kHz audio.

    I have heard that Hollings has a history of proposing draconian legislation (i.e. CBDTPA) in order to force compromises (i.e. BPDG). If Hollywood considers the BPDG an appropriate compromise, I say we give it to them. Of course, we should demand something in return. The CBDTPA would have to be killed, and legislation enacted to ensure that such a beast never darkens our doorstep again.

    1. Re:BPDG is not that bad by Bouncings · · Score: 2

      It would regulate only devices capable of receiving digital television broadcasts.

      That's funny, my PC receives digital television broadcasts.

      --
      -- Ken Kinder ken@_nospam_kenkinder.com http://kenkinder.com/
  62. Disney Prisions - Disney Pens - baby cons by Anonymous Coward · · Score: 0

    There will be laws to make Copy Restricted Hardware/Software restrictions forced on all manufacturers. And Children will certainly be some of those who break those laws so new prisons will have to be created. Something for the smaller human and younger mind. I call them Disney Prisons. Or Disney Pens (think Play-pen Something with bars on it). Every year it gets easier to find a reason to throw a child or juvenile in prison or charge them as an adult. I assume the guards will wear little mouse ears since they most likely will be required to teach the little offenders the rights and wrongs of copy infringement which will be material authored by Disney Studios. Graduate, promise to rat on your friends and get your own ears. And hey it will be good for the building business. They get to build more buildings (i mean prisons). Laugh now. Remember my words a few years from now.

  63. You're punishing the innocent, not the pirates by Anonymous Coward · · Score: 1, Informative
    Let me get this straight. Your neighbor plays the radio too loudly, so the police confiscate your radio? I don't care whether they studios are getting ripped off. I'M NOT THE ONE RIPPING THEM OFF AND IT IS UNJUST TO PUNISH ME FOR THEIR CRIMES. As far as I am concerned the studios and publishers are bigger criminals than the pirates. They are not content to take my money but also want to steal my liberty.

    The ironic thing is that none of these measures will prevent piracy. If anything, they will anger previously law-abiding citizens to the point where they will purchase pirated copies of things that they would otherwise have purchased legitimately.

    BTW, if you want to talk about years of losing money to users pirating games, music, videos, and anything else that can possibly be pirated you might talk to the artists, authers, composers and performers about auditing practises at these poor suffering corporations. They have been cheating on royalties for years and using various illegal strongarm tactics. They are the last companies on Earth that have any moral claim to our sympathy.

    Annandale pledge:

    Under no circumstances will I purchase copy protected movies, software or audio recordings.
  64. Pot, kettle, black by Anonymous Coward · · Score: 0
    Yes, our politicians are crooks. Yes, we have far too many right-wing nuts and far too many left- wing nuts. But from what I can see Europe is adopting all of our faults and inventing many of its own.

    I wasn't surprised to see racists getting appalling numbers of votes in Austrai and France, because those countries have racists histories. But the sickness seems to have spread to countries that used to be thought of as libersl.

    Yes, the MPAA and the RIAA bought the Congress in order to get the DMCA (ptui!) passed. But you guys seem to be on the verge of passing your own version, which looks to be every bit as oppressive.

  65. Why just hollings by Anonymous Coward · · Score: 0

    I have no problem with writing a check to an anti-hollings PAC. But what about Boxer, Feinstein and the others? I'd be willing to contribute to money to whoever is running against any or all of them in the next primary. Depending on the opponents, I'd be willing to contribute money to help defeat them in the general elections.

  66. Any other ways to subvert genuine free .... by 3seas · · Score: 1

    Any other ways to subvert genuine free enterprise/capitalism where the
    consumer interest are most important?

    I'm sure those promoting such lessor value for more money are doing so
    in a manner that is like addictive drugs. That it includes some sort of
    self supportive dependancy.

    Where the specific creation of a problem when one does not really exist,
    supports and feeds the problems existance.

    I.E. the catholic church very long running problem with sex, on one side
    denying the natural human drive and on the other side suffering from
    commiting sexual abuses. If they didn't make sex out to be so damn wrong,
    they themselves wouldn't be so damn out of balance with nature in their
    perversions to find that balance.

    In the relative case of computer technology, GPL software doesn't seem to
    have the sort of problems such an IP protection law would be relative to
    or even needs to be considered.

    What sort of unnatural imbalance would such laws cause, and what would be
    the resulting counter balance?

  67. It will go the way of the traction engine by (outer-limits) · · Score: 1

    The general purpose computer will go the way of the traction engine, in the end. I believe that the beige box will disappear into a wall appliance like the light switch, the TV will become the monitor, no one will be aware of it or want to be aware of it, except for a few hobbyists who like to write the odd program.

    --

    Microsoft - Where would you like to go today, Maybe Jail?

  68. Is it even possible? by DrInequality · · Score: 1
    I don't understand how legislators even think that this might work! Who is advising these guys?

    If every component of the computer is required to have a censor chip in it, then there is no chance. Manufacturers have a hard enough time complying with useful standards like ISA and PnP. There will always be manufacturers who don't comply and people will go buy their stuff.

    Alternatively, if the CPU implements something to detect copy-protected content, then we'll just find new ways to process that content. There is no way that a general purpose CPU can be prevented from performing a particular task (given that the task can be coded in an infinite number of ways).

    Prohibition didn't work in the past and it won't work now.

  69. Text-books by Anonymous Coward · · Score: 0

    "Once a book is on the store shelves, nobody is going to type up the whole book, lay it out, and print it - there just wouldn't be any point."
    *cough* textbooks *cough*

  70. upshot? by autopr0n · · Score: 2

    The upshot is that if such measures really are built in, the general-purpose computer may not have long to live.

    How the fuck is that an 'upshot'!?

    --
    autopr0n is like, down and stuff.
  71. The Great American Hardware Fork by Nice2Cats · · Score: 3, Insightful

    Okay, let's assume this becomes U.S. law. Now, is the rest of world going
    to say: Hey, look at this new technology invented by the U.S. government
    that will let U.S. industry control our computers and stereos and CD
    players to protect the interests of giant U.S. media corporations. Wow!
    What a fantastic idea! Let's adopt it!

    I think not.

    I don't see the Germans buying computers with U.S. mandated content control
    chips for their parliament, or Sony putting in U.S. designed chips into the
    CD players they sell in Tokyo, or the Russians forcing all tape decks off
    their market that haven't been approved by some U.S. media consortium. The
    idea that the U.S. can force the rest of the world to implement what will
    be immediately seen as a U.S. designed and controlled crypto system into
    every machine that blinks, beeps, or boots is so brain dead that you just
    know it can only come from a member of the U.S. Congress.

    This is the Clipper Chip all over again.

    When it comes down to it, the rest of the planet doesn't give a rat's ass
    if their citizens aren't cooperating when 20th Century Fox, Microsoft, or
    AOL-Time-Warner try to make the next billion Dollars so that these
    <I>American</I> companies can get richer, give that money to their <I>American</I>
    stockholders and top <I>American</I> executives and maybe even pay <I>American</I>
    taxes that help finance <I>American</I> infrastructure, or, to put it bluntly,
    the <I>American</I> military machine. They'd rather see their citizens spend
    their money on local bratwursts, sushi, or vodka: That way it gets fed back
    into the local economy.
    their citizens rip, copy, and burn anything out of America they possibly
    can. If you are a Chinese CS student, you can either spend money on a
    Windows license, which means that your Yuan would join those 40 /billion/
    Dollars that Microsoft is stockpiling to buy Iceland and turn the whole
    place into a ski resort for their top executives. Or, you can pirate the
    Windows CD, and spend that money on, say, a Chinese book on C programming
    at your local Beijing book store and kick those running imperialist
    pig-dogs with Red Flag Linux. China is interested in getting their economy
    on an information age footage, and they need operating systems for that,
    the less expensive, the better. Why should they want machines that prevent
    that?

    No, what will happen if that law is passed - and remember, we're talking
    about the country blissfully that is ignoring the fact that the rest of the
    world has basically adopted one common mobile phone standard (not to
    mention the metric system), still transfers money by sending slips of paper
    in the mail, and who live with a television standard that is aptly named NTSC
    - Never The Same Color - is that those people in Taiwan and Korea will
    happily produce hobbled computer, CD, radio, TV, DVD and other parts for
    the U.S. market, while continuing to ship the free technology to the rest
    of the world. Hey, it's a global economy with billions of people hungry
    for computers, and only about 270 million Americans who's computer market
    is saturated anyway. What would you do?

    Now because Content Controlled America is getting specially made parts,
    they immediately miss out on the price cutting effects of mass production.
    In other words: Hardware and electronics prices in the U.S. skyrocket,
    because the other 5.75 billion people on the planet are using the old,
    free, trusted, mass produced hardware, while Americans effectively have to
    have every chip custom built. What we have after a few years of this is a
    /hardware fork/ - the U.S. goes off into one direction, the other countries
    in the other.
    In the mean time, U.S. customs has started rectal searches of all
    long-haired males coming back from Paris, France to make sure they aren't
    smuggling free RAM into the country. You can't buy a CD in Britain because
    they won't run on your content controlled player - just like the DVD
    regional codes, but for real. And your TV station doubles the number of ads
    during the next Olympics because they had to pay for those signals to be
    transfered into U.S. content controlled format...

    Great idea, guys.

  72. Re:Companies Who Are Inept at Protection will Triu by ksuMacGyver · · Score: 1

    Hire M$ programmers?

    --

    Ad Majorem Dei Gloriam

    Interested in AI? MACR
  73. Overseas by Anonymous Coward · · Score: 0

    The only group to profit from such a scheme are equipment makers in Taiwan, Japan, China and Europe who are not bound to these bills. I bet in 2008 there will be a war on smuggling similar to the war on drugs being fought now.

    Ships sailing off Mexico with hidden compartments full of harddisks for the LA black market... Gibson's sprawl comes to mind.

    Regards from Hong Kong, the city that might have a tech future after all :)

    Oliver

  74. Re:Companies Who Are Inept at Protection will Triu by Dyolf+Knip · · Score: 2
    you are saying that Microsoft products will dominate the software market if the Hollings bill passes?

    Well, on the one hand, there's M$'s apparent eagerness to get into the anti-piracy club. Their patent on a DRM OS, the WinXP activation nonsense, etc.

    On the other hand, there's their historic ineptitude in matters involving security.

    So yeah. Microsoft will dominate the market. But get this: they will do so for the exact opposite reasons that they dominate the home PC market today. Right now, they own it because they have the most features and ease of use and this unfortunately results in poor security. Post-SSSCA, they'd have poor security fortunately resulting in the greatest allowance of features and ease of fair use.

    --
    Dyolf Knip
  75. Indeed by Anonymous Coward · · Score: 0

    You are right.

    You know, I find it very funny that the same people who bitch and moan about tactics and methods of Hollywood and co. actually finance such actions by buying more DVDs, CDs and seeing more movies!

    If you want it to stop, stop buying that garbage! That's the only way to make a difference. Not by bringing up some age-old constitution which is not honoured by the legistrators who sold out decades ago.

    You vote with your wallet. Remember that.

  76. Don't worry, it would never happen by oren · · Score: 1

    For a simple reason. A world where every digital-to-analog device contains strong encryption (to enforce copyright) is a world where any fanatic, terrorist or plain nut can use the same strong encryption for secure communications with his allies.

    No way the goverment would go for this. In fact, I think this is the *only* reason it hasn't happened until now. We should be thankful for the NSA for fighting commercial encryption tooth and nail. They have given us at least a decade of encryption-free hardware.

    If it weren't for them, companies would have taken notice of the potential of having encryption built into sound cards, digital TV sets, etc. Even into codecs such as MP3 (shudder). And people would have gone for it, because it would have been packaged together with the amazing improvement in quality offered through that decade.

    What happened instead is that the commercial world is only now becoming aware of this, and is hampered by the huge installed base of unencrypted hardware and by the fact that (at least in audio) no significant improvement in quality can be offered to bait the hook.

    That's why they are focusing on video, where there's no such installed base and the quality improvement is still possible.

    Of course, it is as easy for a terrorist to send a video clip to his partner as it is to send a audio segment or a text file, so I'm counting on the NSA to block them there as well. If they manage to stall this for another decade, this whole issue would blow over and "content protection" would become completely irrelevant.

    Who would have thought the the NSA would become *THE* champion of consumer rights, freedom, and privacy...

    THANK YOU NSA! KEEP UP THE GOOD WORK!

  77. I disagree, but... by thefuckedupgenius · · Score: 1

    I think that copy-protecting computers is a *very* bad idea, considering that they take functionality AWAY from the computer bought with your money. But, if someone "copy-protects" the computer, I'll be the first in line to download the crack to remove it. Better solution: Copy-protect Windows. That piece of crap needs a smaller support base anyway.

    --
    I hate those losers who can't come up with a decent sig. Oh, wait...
  78. We all deserve whatever sh*t they throw at us by Anonymous Coward · · Score: 0

    if we don't file share copyrighted video/music
    content with anyone but ourself.
    with yourself is fair use, with others is theft
    even if it is from bastards like riaa.

    if we don't come up with our own content control
    system that protects fair use, they will do it for us.

    geeks in denial hurt only themselves

  79. Hypothetical by qeL3-i · · Score: 1

    Suppose I write a program to create 5 megabyte files full of random bits, and leave it running forever. What happens when the program writes a file which is exactly the same as a James Brown mp3? Did I violate anybody's copyright?

    1. Re:Hypothetical by Stu+Charlton · · Score: 2

      Effectively, yes, you did violate the copyright. Mainly because it's probabilistically impossible to configure millions of random bits into a James Brown song, given the currently forseeable future of technology.

      Tech people love to throw the "but it's all just bits" argument into a copyright debate. But the problem is that, NO, it's not all bits. It can be represented as bits, but it requires an analog (creative!) input to begin with. Since creativity is valued in our society, we give artists protection for a time.

      The current law is ridiculously biased in favor of media giants, but we shouldn't throw copyright completely out because of that.

      --
      -Stu
  80. Re:Companies Who Are Inept at Protection will Triu by hyphz · · Score: 2

    > Obviously, Intel must think it's financially in
    > their best interest to side with the content
    > guys. Why they feel this way hasn't been
    > answered.

    They probably hope to snag an exclusive license from the content providers.

  81. I am not a consumer by Convergence · · Score: 2

    I am not a consumer. I am a citizen. I both consume and produce goods, intellectual and otherwise.

    If I am a consumer with my rights of authorship and fair use stolen from me, then so are you.

  82. General purpose computers died last year by heroine · · Score: 2

    But no-one's complaining about not having to be a computer scientist to record TV shows so let them encrypt all they want in hardware.