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DMCA bad for Apple Users

Aguazul writes "TidBITS has published a really strong article on the DMCA and on how this is bad for Apple users, with some good links and suggestions for action. The author, Adam Engst, is regularly voted the most influential person in the Mac world outside of Apple, so this is a serious wake-up call to Apple users everywhere."

15 of 235 comments (clear)

  1. Not quite the case in full by Dr+Thrustgood · · Score: 4, Insightful

    Whilst the DMCA is undoubtedly bad, it's not just about Apple users - it's bad in full. Bad bad bad, bad to the teeth, bad bad bad bad bad bad!

    Can't we all get together on this just for once?

  2. of course by mirko · · Score: 4, Insightful

    Apple is known as *the* creative people's platform, look at how many sound engineers use Logic or ProTools on Mac, enumerate Avid's video users, Photoshop's/MacOS hardcore DTP'ists...
    Now if they can't use some existing copyrighted work in private to flex their creative muscles, they won't be creative anymore...

    (I wrote "is known as", it doesn't mean I actually endorse this vision)

    --
    Trolling using another account since 2005.
  3. DMCA works for "The Little Guy?" by Shuh · · Score: 5, Insightful

    One has to wonder: if you produce something on your Mac, are you going to be able to tap into all that DMCA pay-as-you-play goodness, or are you going to need a DRM-authorship liscense to distribute your wares that is only affordable to the largest media companies? Something to think about...

    1. Re:DMCA works for "The Little Guy?" by LostCluster · · Score: 5, Insightful

      I'll say it this way... there is no consumer device in existance that will give you a DVD with CSS protections like the kind Hollywood gets to use.

  4. DMCA bad for Apple users? by hype7 · · Score: 5, Insightful

    bah! It's not about bad for Apple users. It's bad for everyone.

    What I find funny is how the author thinks that because Apple doesn't have a DMCA-capable OS, that is going to miss out on the "next big thing". I don't know about everyone else, but I am actively encouraged by Apple's stance. Yes, "don't steal music", but no, don't fsck users simply to placate the gorillas in the MPAA and RIAA. Until a system comes along that lets people who have legitimately bought CDs to "rip mix burn", Apple are firmly on the side of the users. Unlike the MPAA and RIAA, they give a shit about their customers.

    Anyway, as a result of MS's stance, I look forward to the article about "how the DMCA is bad for windows users".

    Also, now is as good a time as any - get your ass over to the Copyright Office and let them know how the DMCA has legitimately infringed on your fair use rights. They've just opened up to submissions: "The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention"

    -- james

    1. Re:DMCA bad for Apple users? by Didion+Sprague · · Score: 5, Insightful
      The problem with missing out on the "next big thing" is that, well, if you're not into music or film, there's no reason to worry about missing the "next big thing."

      Correct me if I'm wrong, but isn't the idea of the DMCA-capable OS to provide a secure "bed" for media? And if you're really not doing too much with "media" on your computer -- on whatever platform you have -- then what's the big deal?

      I'm wring a novel. I could give a shit about whether or not I have a DMCA-capable OS. And when I want music, I have my Ipod. Yeah, I ripped my stuff into the Ipod, but they're my CDs, and I did the ripping. What's the big deal? And what does this have to with my DMCA-incapable OS?

      Nothing.

      Microsoft looks to be pursuing "media on the pc" in all its guts and glory. They've invested their billions into developing a secure infrastructure so that Hillary and Jack can rest easy at night. Problem with this is that if I'm a user who doesn't use the "media" options on a PC much -- if at all -- then these DMCA-capable OS have nothing to offer me because I'm not breaking any laws. I'm simply writing my papers, writing my novel, writing my short stories. I read email, browse websites, and grab whatever porn I need to get myself excited with I'm sad.

      What I need is a box that lets me word process, balance my checkbook, and ignite my rocks when the rocks need igniting. None of this -- even the dumb porn -- has anything to do with Hillary or Jack or the RIAA or the MPAA.

      And for god sake, I don't need to spend $199 every year for a new operating system just so Hillary and Jack can be assured by the pinhead suits at Microsofts that if I try to rip a fucking Justin Timberlake CD, I'll get all sorts of errors and skips and I'll be forced to chuck out more money for another CD.

      Well, fuck Jack, fuck Hilary, and fuck Justin Timerberlake. I will not purchase new CDs -- ever. Ever again. And if I buy a CD -- and I just bought the new collection by Chris Whitley -- I'm gonna buy it used and on ebay. Sure, it's already been bought once, but I'll be goddamned if I'm gonna buy another CD when I *know* I can the damn thing for five bucks used -- and I know that the money I spend to buy it used, won't be paying for Valenti to go out and golf with my congressperson.

      Here's a news flash to Microsoft. Your next big thing is not my next big thing. I got a housefull of deadtree books -- thousands of 'em -- and when I want a goddamn big thing I sit down, grab one off the shelf, and read the latest from Cormac McCarthy or dig up my ratty copy of 'Nostromo' or find that kickass new translation of the 'Iliad' that sounds like something Quentin Tarantino might have translated.

      My goddamn big things don't have to do with cutesy boy-bands or stupid movies. If I want to see a movie, I'll go and see a movie. I'll actually get away from my computer, drive in my car, and pay my six bucks or whatever I need to pay to see Eminem do his thing or Johnny Knoxville and Wee Man do there's. I don't need a goddamn DMCA-capable OS to do this, and while I abhor the idea of giving Valenti any more cash to line his pockets, I *do* like movies, and I'm not gonna let the aged Valenti put a kink in my fucking lifestyle.

      So take your goddamn "big things" and stuff 'em. I don't need 'em, don't want 'em. I'll figure them out for myself, thank you.

      Is this flame-bait? Off-topic? I dunno. Mods have a way of not liking much of what I say when I say it like this.

      Whatever.

  5. Re:True story... by hype7 · · Score: 4, Insightful
    "Ah!" My friend says, "I'll just buy a DVD burner...I wanted one anyway!"

    But Apple won't sell you a bare drive. If you want a DVD burner, you have to buy a whole new Mac.

    An enterprising man made software that would sit between iDVD and a 'regular' DVD burner, and make iDVD think it was an Apple drive. Apple threatened him under the DMCA, and got him to remove his software from the market.


    That's called "bending the truth". For your friend to have had a possession of iDVD without having purchased a mac with a DVD burner in built, he must have pirated the software.

    Apple's application of the DMCA wasn't because he had modified the software. It was because his need to modify the software arose only due to pirating iDVD.

    Apple's application of the law in this instance is entirely defendable.

    -- james
  6. Voting with money does not work by Anonymous Coward · · Score: 5, Insightful
    Give me an example when "vote with your money" has ever worked.

    Thought so.

    Consumers cannot vote with their money because the elections are rigged by false advertising. How many people, for instance, know about the effects of DRM and DMCA? How many of those few know that those laws are, in fact, bad for the customer? Ironically the coming DMCA of the European Union is named and openly hyped as a "consumers' right bill". Yeah, it's about consumers' rights alright. Taking them away, that is.

  7. Re:True story... by hype7 · · Score: 5, Insightful
    This is sort of besides your point, but why on earth couldn't he get the iDVD (legally (I don't support piracy)) for his excisting mac and buy a DVD burner? MS is a convicted monopolistic force, but I think we ought to be glad Apple is small compared to MS. They controll - as proved by this post - the users choise of hardware and software and dictate unfair (though legal) policies on consumers.


    To be perfectly honest, this is the real reason that they asked the update to be pulled. Kinda comes back to Apple's mantra - if it can't work reliably, it can't work. They didn't want iDVD etc out there with a whole lot of untested DVD burners.

    It was pulled after a whole lot of support issues cropped up on the Apple support website. Which is fair enough.

    -- james
  8. Re:True story... by lemkebeth · · Score: 4, Insightful

    Quite true.

    The thing is the software does not support other drives. If another manufacter wants to sell a DVD burner then they have to either do one of two things if they want it to work with Macs.

    1. Write their own
    2. License someone else (even iDVD). No one has obtained a license to bundle iDVD therefore it is not sold or supported to work with it.

  9. Re:True story... by Anonymous Coward · · Score: 5, Insightful

    Problem #1: iDVD issues.
    You can't buy iDVD without buying a new Mac either. So your friend probably pirated iDVD.

    Apple sells Macs. That's how they make money. As an incentive to buy a high-end Mac, Apple throws iDVD in as a free pack-in with systems that have a DVD burner. Apple doesn't include iDVD with every Mac, just the ones with DVD burners. iDVD(unlike the rest of the i-apps) is not free. Apple didn't invest their money in developing iDVD just to have a thousand other companies give it away with DVD drives that take sales away from Apple's bottom line.

    If you want a DVD burner, get one from Pioneer($400). If you want encoding software, Apple is more than happy to sell you DVD Studio Pro, which works with any DVD burner($1000). If you want DVD burning software, Roxio has a kickin' version of Toast 5($100). Just don't expect to get freebies when you haven't paid your dues. The above solution will only cost you $1500. A new Mac with DVD burning capability can cost as little as $1000(check ebay or smalldog for an old G4/733 system with a SuperDrive).

    Problem #2: Editing video.
    You don't need iDVD to edit digital video.

    What you really needed was iMovie, which is included for free with every Mac. It's also available for download from Apple.

    Then you can burn VCD's with Toast or dump the video back to the PC and burn with whatever PC burning software you like.

    Problem #3: Replacement parts.
    Apple sells replacement parts, including SuperDrives.

    If you wanted one that badly, and wanted it to work with your questionable copy of iDVD, then you should've gotten a "replacement" SuperDrive.

    Of course, this wouldn't be cheap, but at least it would work. And you'd have to pay Apple for their product. What a concept.

    Problem #4: Entitlement.
    You assume Apple owes you something. They don't.

    Apple makes the whole widget. If it breaks, get a replacement part. If you just want to upgrade, well, go buy a new widget. It's their business, and it seems to pay rather well. Get over it. They don't owe you a damn thing. Especially not when you're expecting them to give their livelihood away for free.

    Problem #5: The DMCA.
    The DMCA is a problem.

    Of course, in this instance, the DMCA was doing exactly what it was supposed to do - protect a copyrighted work. Software is a copyrighted work, iDVD included. If Apple(who owns the copyright) says that you can't use it that way, then you can't use it that way! It's their decision. There was a validity check in the software. To bypass that without permission from the copyright holder is wrong. (This applies to DVDs too, since you can make a bit-for-bit copy as a backup, and you can still use it on your PC. You can even make a disk image. You just can't break CSS.)

    The End...
    I'm sorry if this sounds a bit harsh, but it's rather irritating to see all these jackals leeching off of one of the few companies that's actually trying to do something right(or at least different). Support them with your dollars if you want to use their product. If you don't want to pay, don't use it.

    Matt

  10. Not An Important Issue for Majority by reallocate · · Score: 5, Insightful

    Many products disappear because no one wants them. For starters, the Edsel, New Coke, IBM's PS2 line and Microsoft Bob.

    The DMCA and DRM are not mainstream political issues and, most likely, will never be mainstream. That is, elections will not be decided by candidates' stance on this single issue. It just isn't that important to most people.Before someone launches a derogatory rant about the "stupidity" of the American voter, ask yourself why someone with two kids and a mortgage should worry more about copying CD's than about taxes, schools, roads, police protection, etc.

    --
    -- Slashdot: When Public Access TV Says "No"
  11. Re:You *can* legally buy a copy of idvd by mttlg · · Score: 4, Insightful

    i did. and, of course, it's very tough to find some fine print that says it requires a super drive.

    Yeah, very tough. I mean, you'd have to read the FAQ or the item description at the Apple Store.

    From the iDVD FAQ:

    When it comes to burning DVDs, iDVD 2 is designed to work only with the iMac and Power Mac G4 computers with SuperDrive. DVD Studio Pro can be used with the SuperDrive as well as with third-party DVD-R drives on Macintosh computers that don't ship with a DVD-R drive.

    ...

    Can I use iDVD 2 with other CD-R or DVD-R drives?
    No. iDVD 2 is designed to work only with the Apple SuperDrive available on certain configurations of iMac and Power Mac G4 computers.

    From The Apple Store:

    System Requirements

    • Any Power Macintosh G4 or G4 iMac equipped with a built-in Apple SuperDrive (DVD-R/CD-RW drive).
    • Minimum of 256MB of RAM installed with 384MB recommended.
    • Requires Mac OS X, v10.1.3 or later.

    Apple is obviously trying to hide this information by putting it in plain sight, those damn sneaky bastards...

    apple has a nifty os & apps just to sell the hardware. just like m$ has a crappy os to sell office software..

    Yes, and McDonald's uses free toys to sell Happy meals, and Sports Illustrated uses the swimsuit issue to sell magazine subscriptions, and cereal manufacturers use toys and junk to sell puffed corn and/or colored marshmallows, etc. The difference between all of these (Apple included) and Microsoft is that freebies that people actually want are being used as a competitive advantage instead of monopoly power. And this is the way things are supposed to work - convince me to buy something by offering something I actually want. Apple clearly has it right, because lots of people seem to want to use iDVD. It's not Apple's fault that you went about getting it the wrong way.

  12. You omitted the PayPal link by Dr.+Awktagon · · Score: 4, Insightful

    Why did you take out the PayPal link at the end? Especially in an article about the content cartel dinosaurs. Here it is again:

    PayBITS: Is this is an important article on an important topic?
    Adam will donate all of this article's PayBITS proceeds to the EFF!
    <https://www.paypal.com/xclick/business=ace%40tidb its.com>
    Read more about PayBITS: <http://www.tidbits.com/paybits/>

    If you liked this article, go ahead and send the guy a few bucks. You accomplish TWO goals with you donation: 1) you prove that voluntary payments work, and 2) you make a donation to the EFF (you know, the one you've been meaning to make for a long time now).

    I sent him a few bucks already.

  13. Application of copyright law... by Big+Mark · · Score: 4, Insightful

    "Copyright law is only tolerated because it is not applied to the majority of minor offenders"

    I can't for the life of me remember where this quote came from, but it's true. If they start going after every kid with some mp3s of his favourite band instead of concentrating on those with 50GB music, film, pr0n ;-) caches you will start getting sob stories appearing of how Junior was thrown in the cells and fined several grand merely because he couldn't wait to listen to the new -->insert band here<-- album.

    It's a shame that it will take things like that to initiate the public backlash, but rest assured, it will happen.

    We can only hope that it starts before it's too late.