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BPDG Not Much Of A Threat?

Captn Pepe writes: "According to this article in the NY Times, the Broadcast Protection Discussion Group could be less dangerous to consumer freedoms than has been suggested, because they apparently can't agree on anything. As happened with SDMI and similar efforts by the content industry to cram restrictions into digital devices, 'the central stumbling block to arriving at a broad agreement on the proposal may simply have been a bid by the studios for too much control over carrying it out.'" Read below for a related but very different take on the state of the BPDG.

DigForFiles writes "It seems that the media companies and the tech companies may be near an agreement concerning fair use of digital broadcasts. Apparently the basic plan is FOX's and is to have broadcast programs be digitally flagged by the media guys and the tech guys are responsible for building all home digital recorders so that they recognize the flags. Consumers would be able to record the broadcasts for home use and data transfers within their local LAN but the flags would prohibit the transfer of recorded data outside the household. Thus they hope to prevent P2P networks from trading the broadcasts online while allowing fair use within the household. Some of the presentation material can be found here. The guys in charge, Copy Protection Technical Working Group, meet on 5 June for further discussions. A list of attendees can be found here (it's in Excel format)."

38 of 89 comments (clear)

  1. Interesting, but huh? by weave · · Score: 5, Insightful

    I can copy a digital signal for use inside my household, but not usable outside the local LAN? How is THAT accomplised? First, almost everyone's local lan is in a 192.168 block or 10. block. But besides that, I cap my TV shows on my computer, edit out commercials (oh oh...) and burn to VCD and watch in living room. Once on VCD, what then? It melts if it wanders out of my home, like a holodeck character walking out of the holodeck? (Unless he has one of those devices on his arm of course...)

    1. Re:Interesting, but huh? by delta407 · · Score: 3, Informative

      Once on VCD, what then? It melts if it wanders out of my home, like a holodeck character walking out of the holodeck?

      No, you simply get hauled off to jail. Video capture cards will watch for a watermark, CD-burners will ensure they are used by only authorized software, and so forth.

      Actually, what's kind of amusing is that I have been able to dub DVDs flawlessly by piping them through an old VCR; no need for the illegal Macrovision bypasser things.

    2. Re:Interesting, but huh? by MrMickS · · Score: 3, Interesting

      You'll only be able record digitally if you sign it with your Microsoft Passport (or similar) ID. Playback will require authentication based on the Passport ID.

      Of course this will tie down the ability to record to certified devices, but that appears to be the way that it's going.

      <dons flame proof suit>
      Seriously, some sort of mechanism like this is the way that things are likely to proceed.

      The producers need to try and protect their investment in content generation. From a consumer point of view we want to be able to make copies.

      If those copies are somehow tied to a personal/family digital key then it makes a good compromise.
      </dons flame proof suit>

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    3. Re:Interesting, but huh? by dcavanaugh · · Score: 5, Interesting

      Perhaps the sheer impossibility of this is why the /. article suggests it's less dangerous than originally thought. I can't imagine a scheme like this surviving more than a day before the hackers rip it to pieces. Let the media folks try impossible things as much as they like. Better yet, make a standard from things that don't work.

      Do you really think the digital video recorder manufacturers are going to tool up and produce millions of devices that nobody wants because they implement Hollywood's idea of copy control? Not unless the algorithm is flawed and readily defeated by consumers. At that point, sales will skyrocket when the consumers learn how to uncripple the hardware. Example: The easily hackable Apex DVD players. That hidden menu for disabling region codes & Macrovision was a brilliant sales tool.

    4. Re:Interesting, but huh? by ahde · · Score: 2

      A successful tyranny requires laws that are easily broken. How else would you tyrannize your populace legally?

    5. Re:Interesting, but huh? by isorox · · Score: 2

      First, almost everyone's local lan is in a 192.168 block or 10.

      Speak for yourself, I have a 172.16.x.x :)

    6. Re:Interesting, but huh? by dcavanaugh · · Score: 2

      Heavier-than-air flight is example of something that is difficult but not impossible. Alchemy (as it pertains to converting various metals into gold) is closer to impossible.

      The birds have had "heavier-than-air flight" technology for thousands of years; it was inevitable that we would find a way to do fly as birds do. On the other hand, the alchemists never manufactured gold (not even a patent!)

      Digital copy protection is the science of making something that can be read but not copied. I don't have an Einstein theory to quote here, but it's hard to deny basic common sense: "That which can be read can also be written." If DRM can be done at all, it will take a whole lot more money than the entertainment industry is prepared to spend.

  2. When will they learn by pinkUZI · · Score: 3, Interesting

    Didn't they learn anything from the Sony's mistake? You can spend millions, but someone will always be able to defeat the technology. Ah, well, I guess they have to do something to protect their assets...

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    1. Re:When will they learn by Rogerborg · · Score: 4, Insightful
      • Didn't they learn anything from the Sony's mistake [slashdot.org]? You can spend millions, but someone will always be able to defeat the technology

      That's taking a short term view. In the mid term, they can claim that because a few guys are savvy enough to crack it and put the latest Buffy out on gnutella, that they need to set the flags so that no content can be recorded. They'll do it with a big sigh, and they'll use phrases like "regrettable", "a few hard core pirates spoiling it for everyone" and "protecting the national economy", but they will do it.

      Of course, this won't stop the same few guys from recording and distributing the shows anyway through good old video capture, but that's not the point. The point is to stop most of us making any recordings.

      I know this is speculative, but it fits the pattern, and frankly I'll be happy to forgoe the pleasure of saying "told you so" in favour of nipping this in the bud right now. We need to remind our elected representatives that the explicit purpose of copyright law is to protect the individual creators (and implicitely, consumers) of content from big publishers, and not to give publishers carte blanche to control creation, distribution and consumption. That's a travesty of the intent of copyright law.

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      If you were blocking sigs, you wouldn't have to read this.
    2. Re:When will they learn by MadAhab · · Score: 2

      Oh, don't worry. Individual creators will be protected. At least, if they have hundreds of thousands of dollars to get valid licensed production equipment.

      --
      Expanding a vast wasteland since 1996.
  3. Perhaps... by YanceyAI · · Score: 2, Interesting

    ...if they didn't waste so much time and money trying to prevent copyright infringement they'd be so wealthy the could just rely on the honor system.

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    1. Re:Perhaps... by dzym · · Score: 2

      As an alternative, maybe if they put some actual decent shows on TV they wouldn't lose so many viewers.

  4. when will they learn? by havaloc · · Score: 3, Insightful

    When are people going to learn that these kind of restrictions only hurt people who would not pirate anyway? Its only going to inconvience the vast majority of people who do not steal/pirate.

    I don't understand why hollywood does NOT want their shows rebroadcast. Any exposure is good exposure for them, and will only increase the following of their so called entertainment programs.

    Also, I will not buy any device that restricts me in any way. I only bought a DVD player because I was able to get one of those Apex machines.

    In any case, its going to be cracked, and the digital copies will be on p2p anyway. Too bad...

  5. Not much of a threat? Maybe more of a threat... by dinotrac · · Score: 4, Insightful

    This could be a good sign, but I'm not sure.

    Failure to reach consensus in the industry group may be all the reason our good "friends" in Congress (are you listening, Fritz Hollings and Diane Feinstein?) need to impose some really wretchedly awful solution.

    Things may be better now.
    The tech companies may have learned a thing or three about lobbying Congress.
    The Bush administration may be more receptive to tech companies than the Clinton administration was.
    Maybe.

    Here's what I know for sure:

    The last time that the entertainment industry went head-to-head with the tech industry over intellectual property protection, we got the DMCA.

    That's reason enough to get worried and stay worried.

    And then some.

  6. NIC cards by Mr.+Fred+Smoothie · · Score: 3, Informative
    Looks like NIC cards are going to basically have full packet filtering & application level firewalls built in. "Hmmm, does this stream of packets have a broadcast flag when I attempt to assemble them thusly? Yes? Hmmm, what's the destination IP? 204.*? Yikes, start dropping packets on this connection!" It'll have to know TCP/IP, UDP, and whatever network & transport level protocols anyone dreams up. The race for protocols is on. Anyone see IPX coming back in style quickly?

    Boy, I bet those babys will be a joy to design. And market. And dirt cheap, to boot!

    Of course, it's possible that we'll all be mandated by law to switch to TCP-DRM/IP-DRM and UDP-DRM/IP-DRM and all other protocols will be outlawed. Patent lawyers, start your engines!

    Meanwhile, I'll be programming in the Cayman Islands.

    --

    1. Re:NIC cards by MeNeXT · · Score: 2
      So then all you have to de is encrypt prior to sending over the network. Oh! it's also capable of dercypting all known encryption methods. How much will this NIC cost $10,000 - $50,000. NSA would love one today and I bet they would be willing to pay a lot more than that for one.


      Get real and Stop dreaming.

      --
      DRM? No thanks, I'll just get it somewhere else...
    2. Re:NIC cards by morgajel · · Score: 2, Interesting

      and to think, all you'd have to do is rot-13 the stream...
      so much for that. any hardware that is hardcoded to look for something will fail because there will always be at least one person smarter than the machine who can help everyone else outsmart it.
      someone needs to hit these people with a clue-by-four.

      just remember, one person CAN make a difference.
      Ask that kid that's in jail for de-css, or the russian guy who broke the adobe bookreader thing. ...or ask Linus.

      point is we're human, we're free to do what we want. there is no way that this will ever work as long as the human spirit is entact.

      --
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    3. Re:NIC cards by Mr.+Fred+Smoothie · · Score: 2
      No, of course, the NIC will be programmed not to let streams that don't contain clear text (using a dictionary lookup) or binary data with known formats from crossing the wire.

      Yes, the cost per NIC will be $10,000. However, that'll be partially subsidized by a tax on all computer, electronics, and software purchases.

      --

    4. Re:NIC cards by MeNeXT · · Score: 2
      So no VPN, SSH, SSL, etc...


      I don't think so.

      --
      DRM? No thanks, I'll just get it somewhere else...
    5. Re:NIC cards by Tackhead · · Score: 2
      > Looks like NIC cards are going to basically have full packet filtering & application level firewalls built in. "Hmmm, does this stream of packets have a broadcast flag when I attempt to assemble them thusly? Yes? Hmmm, what's the destination IP? 204.*? Yikes, start dropping packets on this connection!"

      $ whois -h whois.arin.net 204.0.0.0
      Verio, Inc. (NET-VRIO-204-000)
      8005 South Chester Street
      Englewood,, CO 80112
      US

      Hmph. My mail server already does that. Mebbe it's time I did it in the router, too :-)

  7. The studios don't WANT an agreement by sam_handelman · · Score: 2

    The studios have to have figured out that anything that allows fair use allows swapping on Kazaa. For that matter, without fundamentally crippling the hardware, anything that allows VIEWING allows swapping on Kazaa, and I think the CBDTPA makes clear that they understand that, as well, at least some of them.

    They're in a much better position to demand some kind of legislation if they can't get an agreement out of the tech industry.

    So, they WANT these meetings to end in failure so they can get legislation b/c the tech industry is refusing to self regulate. The tech industry isn't going to agree to anything that hurts their bottom line, and that means content on demand (in some form) is here to stay. Only legislation can save the studio's sorry business model from widespread civil disobedience. So, either one side or another gets fooled (who thinks the Disney people can get the better of AMD in technobabble armwrestling? I know who I'd bet on.) or nobody gets fooled and it's settled as legislation.

    If they could find a compromise where all the corporations make out like bandits and all the consumers get screwed, they would have made it already!

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  8. Re:!!!GO USA!!! by dinotrac · · Score: 2

    Can't stnad most conservatives?

    By most measures, everyone on your list (with the possible exception of Franklin) would be considered conservatives by today's standards.

  9. let the studios do what they want by C0vardeAn0nim0 · · Score: 5, Interesting

    before modinf me down, read further.

    the largest producer of movies is India. France AFAIK has restrictions in importing intelectual production from overseas, worlds largest potential consumer market (china) has also restrictions on these subject.

    so let the american studios byte theyr own tail. if they start pushing to much control crap over the consumer, the level of rejection against their products will grow in other countries too, then 2 things can happen:

    1- media produced in US will end up restricted to a niche market (US itself) OR;

    2- The media industry in US (studios, recording companies, etc.) will end up losing money and learning what other industries already know: The consumer is KING. do what the consumer wants. give the consumer liberty and they'll respond buying your products.

    --
    What ? Me, worry ?
  10. Misinterpretation? by Masem · · Score: 3, Informative

    When I read the NYTimes articles, I get the feeling that it's not that the studios want to block the sending of the recorded programs, but to make sure that the digitial content is strongly encrypted as possible to even require a hidden unique device ID as part of the key for decoding. Thus, while you could send the encrypted programs left and right, the receivers couldn't do anything with the data. This is a much more technologically feasible way to doing things, and would take the question out of how to avoid problems of blocking older computer hardware. However, as the article does point out, this would mean that if/when DVD-R are used as a recording medium for digital TVs, current DVD models won't be able to play them due to strong encryption.

    --
    "Pinky, you've left the lens cap of your mind on again." - P&TB
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  11. Nope Hollywood will buy them by Lysander+Luddite · · Score: 2

    Hollywood will simply buy the distribution rights for non-native sales. Not that Bollywod films sell much outside of India anyway.

    You already see this happening in Hong Kong. Used to be 3-4 distributors releasing DVDs region free. People would import these into the US for sale. Recently these distributors went down to 1 or 2 and have begun restricting distribution. It is alleged Disney is behind this as a means to control distribution outside of Asia. They certainly clamped down on online stores in the US that sold the region free DVD versions of Shaolin Soccer and Warriors of Zu, both films that Miramax (Disney subsidiary) bought the North American rights to.

    No doubt when Disney deigns to release these on DVD in North America they will be region 1 only, have edits from the original and be crippled in other ways. This despite the fact that the Region Free versions are available outside the US.

  12. Here's why by ProfBooty · · Score: 3, Insightful

    "I don't understand why hollywood does NOT want their shows rebroadcast. Any exposure is good exposure for them, and will only increase the following of their so called entertainment programs. "

    They don't want their shows rebroadcasted because of several reasons:

    1) they don't get paid. If no one actually sits infront of the tv, the broadcasters won't pay them with the money they recieve with their advertsing income.

    2) Hurts syndication rights which also hurts actors too. Actors can get paid residuals for when shows go into syndication (unless they were on the show giligans island and missed out on a ton of money http://www.gilligansisle.com/court.html)If everyone buys the dvd it hurts the value of syndication rights. Thats why you have to wait so long before tv shows go to tape or dvd.

    3) Hurts dvd sales. why buy it when you can download it. Granted their is a quality issue, but this is moot when you have a replaytv or filesharing tivo.

    Do most people pirate. No, it takes too much time and effort. Besides, at least in my experience most pirating college students wind up buying most of their media/software after they get money in the jobmarket.

    Does the media need to change its business model? yes. the easiest way i see doing this is to bring back sponsorship to programs. For example, the reason soap operas are called that is because they were sponsored by soap manufacturers.

    Remember with PVR technology, primetime isn't an issue, you can broadcast any content you want 24 hours a day, people will just watch it when they want. Besides, if you include 1-2 short sponsorship messages ala pbs before each program (i.e. 5-10 seconds) the time you save is not worth skipping. This basically means you can offer more content to your viewers since they don't have to be there to view it at a set time. A somepoint someone will catch on to this, probably once there is suffiecent dvr market penatratoin.

    --
    Bring back the old version of slashdot.
  13. Hardware protection versus... by C0vardeAn0nim0 · · Score: 2

    mod chips.

    If I understand corectly part of the protection systems recording/studios companies are proposing is based on hardware right ?

    and IIRC there's mod chips in the market that allow game consoles (Xbox, PS2, GC, etc) to play DVD from any area, boot copied disks and stuff.

    now I ask you, how hard it'll be for a mod chip maker to produce a dirty cheap component that defeats the studios/recorders stupidity ?

    the question is serious. how hard it is ? can it be done in a short time frame (like a couple of months) ? and how hard such a chip would be to install ?

    and as a last question: what'll prevent overseas manufacturers such as brasilian companies Gradiente and CCE from selling devices that can be unblocked via RC ?

    --
    What ? Me, worry ?
  14. Re:Not much of a threat? Maybe more of a threat... by ahfoo · · Score: 3, Interesting

    As a fellow patriotic American I'd like to politely suggest that assuming all the important decisions about media are made by the US Congress might not be accurate.
    We've recently seen China and Taiwan discussing a separate DVD standard despite the fact that this appears to be totally illegal to many American observers. Now Taiwan is following in Mainland China's footsteps by insisting on free as in both beer and speech software in the government and schools.
    People in the US often talk about controlling the media in ways that might not be practical no matter what kind of rhetoric is used to justify the measures. Fox's plan is fine. They've been putting watermarks on their shows for years now and so do many broadcast affiliates. But so what? Assuming that the US walks the entire digital media world around on a chain is a feel good proposition, but certainly not a realistic description of how things work in this day and age.
    And as other posters have mentioned, we --here we being all Americans-- are the government. If restrictive measures are passed that result in higher costs for products that have to be customized to suit the restrictive US market, it's going to be seen as a hidden tax and that's not gonna fly too far.
    These companies would be so much better off putting up their archives on the net right now and taking just enough to keep the operation profitable while they've still got the option. Sadly it looks like many of them would rather "kill every motherfucking last one of you." It's too bad they take that approach, but if that's what they want then they get what they deserve.

  15. Give them enough rope... by bryan1945 · · Score: 4, Insightful

    With the increasing amount of crap we have to put up with to watch anything, and with the decreasing creativity of the media conglomerates, they will eventually push me right out the door because I won't care enough to watch. Throw in the increasing prices of cable and/or satellite, and that's one more step closer to the door.

    I guess that the majority of the US public won't really care and will continue to watch "When Animals Attack Survivors in Extreme Celebrity Cop Chases Part 4" (that might actually be interesting), but I've found myself reading books and re-watching my DVDs a lot more than TV. I even (gasp!) went for a walk yesterday.

    The harder these fools push their crappier fluff the more people will just give up on it. It will be a rather shallow curve, but I think it is inevitable.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
    1. Re:Give them enough rope... by tsg · · Score: 2, Informative

      Radio has already done this for me and a lot of people I know. The last good radio station in my area got corporatized about a year ago so now they all suck. I stopped listening.

      For some reason the content industry is under the impression that we're all going to stand in line to pay $30 to buy "Weekend with Bernie V" or $20 for Brittan'Sync's latest claptrap regardless of how crippled it is.

      They can legislate our fair use rights away all they want, but they can't make us buy it. Most people aren't music or movie fanatics. It's only entertainment, after all, and people will find other ways to amuse themselves if DVDs and CDs become more hassle than they're worth.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    2. Re:Give them enough rope... by acceleriter · · Score: 2, Insightful
      and people will find other ways to amuse themselves if DVDs and CDs become more hassle than they're worth

      And, in the fine tradition of colonial capitalism, the entertainment industry is trying to find out empirically exactly what that maximum amount of hassle is for 90% of people. Once they know that, they don't care that people like you and me walk away.

      --

      CEE5210S The signal SIGHUP was received.

  16. Re:I remember... by Steve+B · · Score: 2
    We had a customer who said "I want this technology to allow me to track down the little @#$#er so I can take him out back and shoot him!"

    A technology that would allow tracking of individuals who break the law would be more acceptable than one that infringes upon the fair-use rights of law-abiding consumers.

    However, shooting is a bit excessive for bootlegging, and ought to be reserved for spammers and other such varmints.

    --
    /. If the government wants us to respect the law, it should set a better example.
  17. They ARE a threat. by Irvu · · Score: 3, Insightful

    Right now these groups command the attention of pooly informed but nevertheless powerful Senators and Representatives. Even if they do not agree on everything they do agree that the provisions of the CBDTA and the DMCA should be enacted/strengthened. They are serious about plugging the analog hole.

    In some sense this may be worse news. If they could agree on provisions then they would draft a single, oppressive but consistent piece of legislation. If they cannot agree then we are likely to get some hideously general bill that is so vague and unspecified that only the rich can afford to do anything. Either way its not good.

    See here for a nice asessment of the BPDG and the CPTWG. See here for more info.

  18. Re:It'll be known as the Digital Logjam by Anonymous Coward · · Score: 2, Interesting

    No, twenty years from now they'll call this phase the domino effect of collapsing monoplolies that led to the second Great Depression and possibly the Third World War.
    The media thing isn't the cause although there is a very scarry proposition that certain flavors of politician are going to try and frame it that way because it appeals to simple minded asswipes that like to get violent on their neighbors. No, actually the media issues we're seeing today aren't causes, they're effects.
    The cause of all this controversy isn't people sharing information as they have in all great civilizations. No, this one-sided tempertantrum that gets framed as a supposed controversy is actually the effect of the creation of monopoly powers unseen since before the previous depression. It's not just the media companies by any means look at Microsoft and now look at Citigroup. Holy shit. We've set ourselves up for a hell of a fall by voting for generations of conservative asshole politicians who's primary skills were appeasing monopolies and bad mouthing liberals. The only reason the media element of this mess gets so much attention is because it's the freakin' media. However, the problem we're facing with un-American monopoly business practices is a vast cancer on the entire nation.
    Investment banking, re-insurance and the largest financial institutions in the nation have grown so large they're totally beyond oversight and are currently riddled with scandals. Indeed, organizations like Citi and BofA are no longer properly considered banks at all, but financial services agencies distributing their risks through derivatives so complex that they require teams of physics PhDs to maintain. If you don't smell a shell game here then god bless your kind heart. I for one am wary.
    Did I mention Moore's Law just ended? Mask costs at TSMC, UMC just went up by a factor of 10. Game over.

  19. How can this possibly work? by Rogerborg · · Score: 2

    The only way that I can see this working is with a new standard for gateway digital devices that will pass content only to other devices of the same class, and (I suspect) over a proprietary, non-IP network. Then (whatever actual encoding is used) there's going to be an identifying watermark that the receiving device must look for. It will either be a simple identifier (so that you can copy from one PVR to another if you plug them together) or a "copy never" bit so that you can stream it to another PVR, but this second PVR will not make a copy, it will only stream on to a display. Technically, there might be a "copy once" bit, but only on the original broadcast, so once it hits your PVR, it's "copy never". If it's the former case, and you can make copies by plugging two PVR's together, I think that's fair enough, because I can take my PVR round to my brother's house and make a copy of Buffy for him. That's raising the bar far enough, as it effectively restores the situation that case law has decided is fair use: making a few copies explicitely for known friends and family. However, that theory is replete with flaws. For one, it doesn't match the way the industry has been going. It's far more likely (I suggest) that it will be a "copy never" bit, and only local streaming will be allowed. For another, there's still that bloody great gaping hole at the tail in either case: sending to a display. Because unless the display also has to be one of these new devices, you just stream to a video capture card, then it's straight onto the internet with the content, and people will download it and stream it to their own non-compliant display devices. That's the sting. It has to cover display devices (TV's, monitors) and it has to be mandatory. Don't think this will stop with PVR's. For it to have even a hope in hell of making a difference, every display device sold will have to be compliant, and it will have to refuse to show content without the watermark. That means that PC video cards will also have to watermark their content. You see where this is going? It snowballs pretty rapidly. But unless they get everything, there's little point in them pushing ahead with it. To support this rather alarmist attitude, ask yourself this: if this is truly an industry consensus, why does it need to be legislated?. I suggest that the answer is that for it to work, it has to be mandatory, and it has to be across the board: every channel, every cable decoder, every PVR, every TV, every monitor, every video card, every DVD player, every VCR. Everything. Wake up, the coffee is brewing. This is Son of SSSCA, yet again. They're just hoping nobody notices this time until it's too late. Please, please, get out that pen and paper, and ask your elected representatives to have a good, long, hard look at this, because it has the potential to be as bad as you can possibly imagine, and then a whole lot worse.

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    1. Re:How can this possibly work? by seaan · · Score: 2
      I accidentally modded Rogerborg's post down, and the only way I've found to undo that is to post in the thread (removing the moderation, but sacrificing the moderator points). I meant to moderate it as insightful, but as penance will throw in a few insights of my own.

      I think Rogerborg's post is exactly right, in how it protrays the intentions the publishers (RIAA, MPAA, book-publishers, etc.). But remember this is not really a "piracy" issue, although that is the excuse they are using. Very few of them are naïve enough to think these measures would actually work to prevent anything but casual illegal copies. The only way it would be truly effective is if they can eliminate all current "non-controlled" analog devices: including cameras, TVs, monitors, answering machines, etc. Although this is just what they are asking for, they don't really expect to get it.

      What is really going on here, is that the existing "gatekeepers" are looking for a way to continue their control over the distribution channels. They hope that virtually all new consumer devices and software will come with built-in DRM, that the publishers control themselves. If an author wants to publish a book, or a young film maker wants to show the next "Troops", or a garage band wants to give away samples of it's music; the only way it will happen with the proposed DRM devices is if it is first "blessed" by an established publisher so that it can work on everybody's equipment. Somewhat reducing piracy would be a nice side-effect, but that is not where the money is.

      I predict the DRM controllers, if we are so unfortunate to actually have this happen, will be a third party organization controlled by the publishers. It would be consistent with past laws to have something like the RIAA sub-group that controls the "digital music media" tax money. Obviously we don't trust the consumer, so there is no possible way they will have the ability to set the controls. Some consumer groups would push for government control as the best of a poor set of choices, but they would be rightly opposed by groups concerned that they were giving the government censorship capabilities (in the US for some reason, people seem to think censorship is OK if it is done by corporations).

      The fallout would be tragic, at least so far as the actual progress of arts is concerned. I'm sure the publishers would be more profitable than ever. The DRM controllers get very fine control over how the copyrighted items get used. They can eliminate fair-use of all sorts, including space-shifting, time-shifting, and archiving. The public domain will shrink even faster. Existing public-domain works will only be "readable" on the new devices if someone like project Guttenberg has taken the time to get the DRM certifications for them.

      Works published only with DRM will [almost] never enter the public domain.

      * First the DRM system has to last long enough for the copyright to expire. This is unlikely when you combine the ridiculously long copyright terms we have now, with the normal lifespan of electronic devices. Most of the copyrighted material will just vanish, like the way DIVX DVDs "lifetime" subscriptions did.

      * Second, even if the DRM controller still exists, they would have to explicitly move the copyrighted materials into the public domain; and they have no incentive to do that. Indeed, they stand to loose money if the work still has commercial value.

      There is even something worse in store for society, if the publishers actually got their pipedream of eliminating the "analog hole". The people who control the DRM essentially have the ability to be in control of recorded history. Governments have wanted this ability for years (some have even tried it with middling success). Lets say a mining disaster happens and the TV stations show amateur camcorder recordings of the incident. The next day, the local government realizes corruption helped cause the problem, and decides to downplay the incident (I'm thinking of a recent Chinese story along these lines). The news on the next day insist that only 10 people were killed (correcting earlier stories about hundred dead). When confused initial viewers decide to review the incriminating amateur recording, they find the footage is much shorter than they remember. Thanks to the DRM system, even the original camcorder recording has been edited, along with all recording stored anywhere else in the DRM system.

      Is the power of a "total" DRM system something we want to put into anybody's hands, let alone governments and/or corporations? Certainly the danger is not worth an ineffective attempt at copy protection, or even to protect certain publishers gate-keeping abilities and profit margins. Some of the government support may actually have more sinister motives than just getting the next Hollywood contribution!

  20. And of course by symbolic · · Score: 2


    Consumers have the final say. Don't like what's being offered? Don't buy it (and don't steal it).

  21. Re:I remember... by ahde · · Score: 2

    Actually, he was from Connecticut, but he worked in LA or SF