Sneaking DRM Amendments Through the Back Door
SiChemist writes: "Senator Joseph Biden has revised the 'Anticounterfeiting Amendments of 2002' to make it a felony to bypass certain DRM technologies. The bill has very broad senate support and is expected to pass overwhelmingly. Call your congresscritter! ZDNET story is here."
Quick! Throw away all your markers!!
seriously tho, this is getting insane, soon you'll be forced to watermark your work, but inorder to watermark it you will be charged x amount of dollars, what would this do to the opensource community, expecially since opensource doesn't incorporate drm and I seriously doubt that it will be easy to come up with a standard to incorporate drm into linux without it being hacked to shreds.. We need to contact our senate, tell them this is a big no-no, and this really cound hurt innovation!!
~slak
Why Do they feel it's necessary to sneak in legislation? Surely you're bypassing due debate and democracy? Eventually you're going to get a government almost wholly controlled by these huge corporations with big pockets who just want to protect their own interests.
Biden said, "Every episode of "Seinfeld" is now available to download free to anyone with access to the Internet."
...and to anyone with a TV antenna.
Find free books.
the switchboard at the Capitol is (202) 244-3121, and they should be able to route you to any MoC from there, House or Senate.
"I woo women with my sensuous and godlike trombone playing."
Forcing Digital Rights Management Up Your Backdoor
(2,3-Benzopyrrole)
The Mongrel Dogs Who Teach
Just because consumers will be offered more and more copy-protection enabled hardware, this does not mean that consumers will buy more and more copy-protection enabled hardware. Why am I going to buy a new MP3 player that will only allow me to play mp3s with watermarks when my current 20 gig iPod will be sufficient enough for me to listen to music until it mechanically fails (which could be in 40 years)?
"Every episode of "Seinfeld" is now available to download free (from commercials) to anyone with access to the Internet."
For example: FRIENDS brought to you by Coca-Cola
Tell me now, is this idea funny or terrifyingly close to reality?
Will there be a "campaign speech" exception in his Senate bill? The irony amazes me. What a twerp.
WRITE... YOUR... CONGRESSMAN!!!
h tm l
http://www.berkshire.net/~ifas/activist/index1.
Why would I circumvent DRM? To steal? Maybe not, and let's take the T-shirt analogy further... suppose I buy some Disney T-shirt in the US, but Disney does not want me to wear the T-shirt in Europe. (Perhaps they've recruited the fashion police to check, or the God of Corporations will smite me with lightning if I do wear the T-shirt). Yet, I want to wear it so I fake a European Disney label and sew it in the T-shirt in place of the US one.
Clearly a crime worthy of a stiff penalty and a jail term
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
Forced watermarking could be a very bad idea for all of us who produce music/movies/literature in our basements (or reasonable hand-drawn facsimiles). Where am I, a piker who puts together stuff with a PC and freeware, going to get expensive watermarking equipment?
Likewise, what would be the impact on those of us who don't live in the US, but might want to export our created media there (I have a lot of US friends and I like to share)?
What about independent record labels etc. within the US who don't particularly mind people sharing their music? I seem to remember one of the original Dead Kennedys albums came on one side of a cassette tape, with an inscription in the liner notes something like "Home-recorded cassettes are killing the music industry. Go and do your part."
Even though one poster had the valid point that this bill seems to be aimed at direct copyright infringement, where the MP/RIAA and friends are concerned, the definition of "copyright infringement" seems to be "any media transaction where we don't take a cut." We (here in Canada) already have levies on blank media (yeah, the equivalent to the MP/RIAA gets paid for every CD-ROM backup I make) -- what more could they want? Our first-born children? Our souls?
I'm not a geek, I'm just a clever script.
If it is illegal to circumvent DRM technologies, then what are the DRM techs there for in the first place? To prevent accidental copyright infringement?
OddManIn: A Game of guns and game theory.
Think about it this way: each consumer has some amount they are willing to pay for entertainment per month--the pie doesn't get any larger. Companies that have lower costs, lower prices, and satisfy consumers more will get that entertainment dollar. Do you really think complex DRM schemes are going to lead to usable and inexpensive devices and content?
What's going to win out in the long run is either no DRM at all or devices that anybody can author to; there won't be any need to imitate Microsoft's or anybody else's signatures. That, or people will just go back to small, live performances. In any case, the big media companies pushing for this are going to lose out. They had a golden era with vinyl and CDs, where they could mass-produce cheaply but consumers couldn't replicate, and there was no alternative or competition. That's over now.
Nevertheless, while it just delays the inevitable, it is disappointing that politicians don't get this. And it is particularly disappointing that some politicians are so much in the pocket of vested interests that they try to push through such legislation without much debate.
....thanks to Sony.
And thanks to kuiken for the leads...
This again has the same reasons as many other outrageous
copy-right laws that are being danced around. People simply
dont understand the technological details, and blind anologies
are made for the common public.
Take for instance:
> Gray believes that forging a digital watermark or signature
> should be just as unlawful as forging a physical watermark
> or signature. "It's like taking a T-shirt that you've put a
> design on and then attaching a Disney hologram or the NBA
> championship hologram, distributing it, and giving people
> the impression that it's an authorized apparel item from the
> NBA or Disney," Gray says. "That's a deceptive practice that
> we have a long history of banning."
But this is such a misleading statement. Consider the case where
you buy an expensive MP3 player from microsoft which plays only
digitally water-marked mp3 files. On the offset it may look like
this law is prohibiting me from playing a pirated song. But look
deeply. What its prohibiting is me playing _any_ songs which are
not water-marked by the some governing body. Which means that if
I make my own music (however cacofonic it might be) I will not
be able to play it unless I get it certified from this governing
body.
In light of this, it becomes clear that not only they are stopping
piracy,with this law, they are also giving themself absolute control
over what content can be played by people (even privately) and what
should not. How easy would it be for me to certify my own "music"
(or noise) by these governing bodies? Obviously I have to stand in
line along with the other members of RIAA and pay the prices that they
set. This is extremely dangerous situation, since the misleading phrasing
of the bill makes it impossible for ordinary senetors to understand the
ramifications and hence we could expect a wide spread floor-banging approval.
The very fact that this bill is set for fast track, scares me more
becasuse they precisely didnt want the time for people to let the real
meaning sink in.
DO NOT PANIC
One thought that just came to mind is that someone, somewhere is implimenting this software to create and propagate things like digital watermarks. Maybe it's time we as programmers to an equivalent to the 'hippocratic oath?' Swearing to do no harm by agreeing not to create the kind of nightmare software protections we see coming to be?
First do no DRM!
In order for these watermarks to have any effect, they need to convince or force hardmare manufacturers to make their hardware play only watermarked, approved media. They know this, and they are already actively trying to get the hardware manufacturers to do this. Without the requirement of a watermark to be present, i could simply strip the existing watermark out and play/redistribute as usual. I'm not creating a fake watermark and thus I am not breaking this law.
The result would be that older unwatermarked media you legally own, music produced by garage bands, and other legal but unwatermarked materials, will not play on a newer player that has DRM. This law makes it a felony to place fake or forged watermarks on such media, even if your sole intent is to allow the media to be played on newer DRM-enabled players.
This bill is a step towards forced DRM, and as such we should oppose it. The next step will be to require new hardware to support DRM.
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
Comment removed based on user account deletion
Given the shakeout occuring in the media abetted by the rapid disappearance of the advertising revenue stream, the content producers are entering an very difficult time.
Seems nobody can get anybody to pony up some cash just to have some bimbo wave her ass with their logo on it.
Radio and television started this by having "free" broadcast funded by people flogging their wares. Ask PBS how they survive and get a real picture of broadcast costs.
The internet and the web compounded this in an orgy of freebies and swag funded by IPOs, investors greed and lack of common sense (Warren Buffett never invested in the bubble because he never saw how these people were going to make any money once the IPO money ran out. He was RIGHT!)
End result, nobody wants to pay for squat.
But producing content (as unsatisfying as the pabulum that's regurgitated by ad-funded media might be,) costs. And nobody wants to pay for squat.
Given the balooning real and accounting practice BS costs of the blockbuster mentality you get studios that wither on the vine after one less than stellar season. The RIAA and MPAA members are victims of the same pressure and resultant paranoia. They have to play it safe while following a trend which is set by the players who aren't playing it as safe. (It keeps the shares of Pepto-Bismol and Tums in the stratosphere.)
Want to know why DRM is such a pain-in-the-ass but the AAs'll sell the economy down the sewer to get it?
Because nobody makes B movies anymore. They go straight to video and don't generate any buzz that would attract viewers and maybe get them to buy the product.) Nobody know how to generate buzz anymore. Ads don't cut it with Tivo or even the remote having perceptible results on the ad ROI.
Wanna know why the publishing industry is turning into a contentless wasteland?
Same friggin reason.
Misapplied greed. (This is above and beyond the USPO "patent buying for corporate black-mail by the unscrupulous [lawyers and other parasites.]")
The Web has the potential to make a meaningful buzz but search engines don't friggin cut it. The web will have to be ORGANIZED, INDEXED and cross-referenced the same way that libraries have been since the Great Library of Alexandria.
The days of "Cowboy Content Creation" are over. Creatrion of web content will have to be via XML with precise industry standard DTDs.
Otherwise you just get lost in the noise.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
"Our Man In Redmond, you are under arrest for the future piracy of a copy of 'Dude, Where's My Car.'"
Someone you trust is one of us.
C'mon - someone in Delaware register DefeatJoeBiden.org or something and DO SOMETHING ABOUT THIS JACKASS... And - idiotic DRM bills shouldn't be the only reason to toss him out of office... see for yourself.
http://www.issues2002.org/Senate/Joe_Biden.htm
Quoting from a report in Biden's website:
...an individual can download a full-length feature movie in less than 15 minutes....
I'd really like to know where to get that kind of bandwidth, and how much it would be per month.
700MB / 15 min = 46.67MB / min = 777k/sec
Please God...hook me up to that pipe.
I just did it; it's pretty easy. You can do it before lunch in about 5 minutes.
. cf m
/. readership) attempted to call about an issue on a single day, they would take serious notice.
You go to this web page:
http://www.senate.gov/contacting/index.cfm
Search through the page using the "find" function in your browser for your state abbreviation and find your two senators.
If you have trouble getting their names, they're also listed by state on this page, but without phone numbers:
http://www.senate.gov/senators/senator_by_state
You call each of them. Calling senators and even house members is generally very easy; they usually know not to make potential voters wait on hold, they're very polite, and they are supposed to take notes and tally the opinions of callers throughout the day. This isn't as important to a senator as money, but if, say, 20,000 people (a tiny fraction of the
Keep it polite, friendly, and under 5 minutes. If you can make your point in under 60 seconds, bonus points. Remember, you're just talking to an intern manning the phone, not a participant in a conspiracy. They might even be curious about what you have to say.
"Hello, I'm a voter from the Senator's home state of XX. I'd like to express my opinion on some pending legislation." And then they say go ahead, and you say, "I believe that the extravagant protections we are considering affording copyright holders are bad for our society and bad for our economy. I strong support the repeal of the DMCA, the Digital Millennium Copyright Act, and today, I'm calling to inform you of my intention not to vote for anyone who supports S.2395, the Anticounterfeiting Amendments of 2002. Existing protections for copyright holders already go too far, and this bill would make it worse. Unnecessarily restricting fair use, free speech and free expression to protect the interests of media companies is morally wrong, and will make it harder to protect intellectual property in the long run."
You could get into a habit of doing this. Calling your representatives about an issue should be a normal part of your routine, like paying your bills or cleaning your house. The more people do it, the better things get for everyone.
We're on the road to Tycho.
I really, really you're right.
I guess the difference is going to be how much they are able to make it like the VHS -> DVD transition, instead of the working CD -> broken CD transition. Most people don't realize they're missing anything with DVDs. If they can somehow get mom to not -expect- it to play her old mp3's, but still want it anyway, then they can still win.
The enemies of Democracy are
Dear Senator X,
[it's going to both a version will go my Rep as well]
I am writing to you today in regards to Senator Howard Berman's proposed Digital Rights Restriction provisions. These provisions have been included as amendments to bill number S2395. As a Software Developer and a citizen I oppose these provisions wholeheartedly as they will only serve to stifle competition and restrict legitimate research not prevent any unauthorized copying of copyrighted software, music or movies.
The stated goal of these provisions is to prevent the unauthorized copying of copyrighted materials. To that end, they make it a felony to produce a fake watermark or "digital signature" in order to fool watermarking technologies. They impose stiff criminal and civil sentences on the act and make distribution or intention to distribute these watermarks an offence in their own right. While this may seem reasonable on the surface I assure you that it is not.
Digital Rights Management is becoming a ubiquitous technology. It is already at work in DVD players, many music players such as handheld mp3 players. Microsoft and Intel have announced that it will be embedded at the lowest (Processor) level of their new systems, and the FCC is seriously considering mandating it in the Digital Television and Digital Radio standards. One pair of senators (Fritz Hollings and Ted Stevens) are seeking to make it mandatory in all new technology via the Consumer Broadband and Digital Television Promotion Act.
Because this technology will lie at the core of Microsoft's new operating system it will be necessary to obtain a watermark key in order to run any software on future versions of Windows. As a software developer I would be forced to obtain Microsoft's permission to develop and run software on my, or anyone else's machine. In short, I would need Microsoft's permission to do my job. I cannot imagine any legal tool more anticompetitive than that.
The same is true for Intel and AMD's proposed secure chips. These chips would embed watermarking at the processor level making it necessary to obtain a signature in order to develop any hardware or software for the AMD or Intel platforms. This would stifle the hardware vendor competition that has made computer hardware a 300 billion dollar a year industry, brought the prices of computers down, and fueled the recent economic boom.
Let me be clear that I do not oppose the principle of watermarking in any way. As a security technology it is useful and I feel that Intel and Microsoft should have the right to include it in their systems if they wish. However I feel that such technology should be open to examination and the general public should have a choice about which technologies they do and do not adopt.
It was Microsoft's ability to examine the CP/M operating system that allowed them to produce the first version of DOS, and Intel's ability to examine IBM's PC designs that allowed them to enter the PC market that they dominate today. Such open competition is beneficial to the economy.
This is also the case for movies, music and electronic books. By prohibiting other users from producing watermarks you are allowing groups such as the MPAA, RIAA, and others to control the DVD, and Digital Television distribution channels. In, effect, granting them monopoly control over who can and cannot produce movies and music in this country. Again this competition would stifle, not only innovation but the economic gains to be had from the 30 billion dollar a year music and movie industries.
Lastly, these provisions will also stifle useful research. Digital watermarking technologies and Digital signatures underlie many security systems in use today ranging from defense to private industry. Research on these systems involves attempts to break into them in order to test their strength. Scientific Peer-review of this research depends upon the ability of these researchers to share their findings and to test each other's results. This work allows those individuals to produce better, more secure systems to the benefit of our National Security and Economic infrastructures. These provisions would make that work illegal. This would seriously impair both our Economic and National Security.
These provisions are unnecessary because, as senators Berman, Hollings, and Stevens well knows making unauthorized copies of "Sinefield" or any other copyrighted work is illegal. These acts are already punishable by law. We also have a justice department capable of carrying out such investigations and prosecutions. Indeed, these provisions will not make the act of piracy any "more" illegal. They will only stifle economic competitions and industrial research.
In the end, even if these provisions are passed they will not prevent piracy. They will only permit a small subset of the business community to unfairly control the economic and cultural landscape of this country. This group will be in a position to decide who can develop software, who can distribute music, who can distribute movies, and who can conduct security research. In such an environment of inflated prices, the incentive to piracy will be far greater, and the likelihood of any real security weaknesses being identified will be far less.
Thank you for your time.
Irvu.
Numbers USA has a free service for faxing them. Yep you got to register, but this makes sense so that you don't have spam bots abusing the service.
"It is a greater offense to steal men's labor, than their clothes"
Of course this will do nothing to stop "piracy" (or at least the real piracy that is for money) since those people will easily be able to steal or manufacture a recording device and produce 10,000 disks. The hash also does not stop them because they are only interested in duplicating disks that have the already-hashed data.
What it will do is make it impossible for anybody to produce any kind of entertainment without buying a license from the MPAA/RIAA and submitting their data to be encoded. Thus all competition is eliminated.
By the time everybody realizes this they will be able to say "well, that's too bad, but it's just the price we have to pay to stop those horrible pirates".
While I agree that the levy is ridiculous - virtually all of us buy blank CD's for data, etc. - there is a point to remember:
In Canada it is legal to make copies of CD's you own (of course). But it's also legal to make copies of someone else's CD's - provided you make the copy. Ie, I can borrow a friend's CD and burn a copy for my own use. I cannot burn a CD and give it to a friend - that would be distributing a copied disc.
So long as the disc is for personal use (no public presentations, radio, etc) you are legally free to make a copy of whatever you want. Just be the one who pushes that Burn button.
"They do not preach that their god will rouse them, a little before the Nuts work loose." Kipling, 'The Sons of Martha'
I'm not a geek, I'm just a clever script.
I never claimed it did... I pointed out that the next logical step after watermarks, would be mandatory DRM hardware. Why? Because watermarks are useless by themselves.
What is the point of watermarks in fighting piracy? You cannot use watermarks to track pirates unless you put individual watermarks on each media, and in that case the pirates will vertainly strip the watermark off. The only possible use I see is that the RIAA/MPAA can set up automatic sniffer bots, looking for files with their watermarks on Kazaa and other file sharing systems. They certainly don't need it to legally establish a certain work as their property, simply looking at or or listening to that will do the trick.
So... once all sanctioned media are properly watermarked, it will be a small step to DRM in our hardware. Illegal copies won't play. Oh, your DVD player will still play the holiday movies you made i.e. your own material, but what about taping shows from TV? You may one day find your VCR or DVD player refusing to record some TV shows or movies. You may find that your own recordings receive a "local" watermark that your equipment recognised, but your computer will not accept, and neither will the neighbors player.
That is what DRM potentially means. Farfetched? Far beyond the scope if this bill? Perhaps, but a complacent attitude by us the voters and comsumers will mean that the rights and possibilities we enjoy today, are eroded away a bill at a time. You can bet there'd be an outcry if DRM was to be implemented overnight, and the proponents of DRM know that full well. They will attempt to bring their ideas of DRM about, step by step, in vaguely or broadly worded bills, packaged together with a bunch of other laws perhaps.
My final piece of advice for when you make a judgement about any proposed bill or law: never assume that the lawmakers have our best intentions at heart. Always assume new laws, rules, and bills will be used to the furthest possible extend they will stretch, not just to the extend most people would deem reasonable. Demand narrowly defined laws.
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...