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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."

13 of 235 comments (clear)

  1. 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.

  2. Re:money means power by 0x0d0a · · Score: 5, Interesting

    You know, the DMCA and DRM are two quite different beasts, and you don't have to agree with one to agree to the other.

    I have severe issues with the current incarnation of the DMCA. It's broken, it can go after that most sancrosanct of creatures, the software engineer, and it gives ridiculously strong legal protections. It's also way to abusable for things that it wasn't intended to cover, like MS using it to keep (non content-related) protocols closed. Having the government, which I pay money to, enforce laws that prevent me from writing software is objectionable to me.

    OTOH, I think that DRM is a great idea. Fun, even. The satellite TV wars are, I think, one of the neatest things going. The company engineers manage to make it annoying enough that your average Joe is willing to just pay for his TV. Hackers are having a fun time competing with the engineers. It's a technical war at its finest. If the company engineers eventually come out on top, more power to them. They fought the good fight and won. Just as I support not artifically restricting the rights of someone to write copy protection bypassing software, I support the right of the TV engineers to write whatever protection software they want. This has always been the case, ranging from the days of colored watermarks to screw up Xeroxing to now.

    But, you might think, digital copy protection is harder to get by than analog copy protection? Tough. It's also much easier to *copy* digital information en masse than it is to Xerox something a thousand times.

    I'd like the DMCA gone, but that doesn't mean that DRM should go away.

  3. 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.

  4. 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.

  5. Re:This is just stupid by Dot.Com.CEO · · Score: 5, Funny

    You do know the DMCA is a law and not an organisation, do you not?

    --
    Mother is the best bet and don't let Satan draw you too fast.
  6. Re:True story... by Nomad7674 · · Score: 5, Informative
    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.

    Actually, this is not necesarily true. My brother just bought one of the new 1 GHz TiBooks without a DVD-R drive and it came included with iDVD. It was apparently just cheaper to have one standard build of the software for the 1 GHz TiBooks. Legal copy, no DVD-R.

  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. The Real Story by Melantha_Bacchae · · Score: 5, Informative

    cacav wrote:

    > Actually, I read about some manufacturer of an
    > external Firewire DVD-RW drive that made a piece
    > of software for the Mac that would hack iDVD so
    > that it would work with their drive.
    >
    > It lasted until Apple found out and told them to
    > stop altering their software. I can't recall the
    > manufacturer, but I think I read about it in a
    > MacWorld article last month.

    The manufacturer was Other World Computing, and you have related the original version of the story (which broke around August 12th) accurately. In that version, Other World Computing claimed Apple had *requested* that they drop it because it violated the iDVD license, and OWC had complied to preserve their good relationship with Apple.

    There was *no* mention of the DMCA, and no need to invoke it as Apple's iDVD license is quite clear.

    The DMCA accusation came weeks later and was only based on a quote from Other World Computing's president. There was no quote from any document they received from Apple, no posting of any document as proof, and no confirmation from Apple.

    My personal impression was that the DMCA accusation was an afterthought on the part of OWC's president to make Apple look bad. If Apple really used the DMCA, I want to see more proof than the word of someone with an axe to grind.

    Chief Tsujimori: "I won't let you get away. I will never let you escape."
    Godzilla elegantly lifts his tail skyward to give her the "finger", crashes it down on the water, and submerges.
    "Godzilla X Megagiras", 2000

  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. Re:True story... by MoneyT · · Score: 5, Informative

    From the Apple wb page for getting the 2.1 upgrade:
    Check the minimum system requirements:
    iDVD 2.0 or later.
    Mac OS X, v10.1.3 or later.
    Any Power Macintosh G4, G4 iMac, or eMac equipped with a built-in Apple SuperDrive (DVD-R/CD-RW drive).
    Minimum of 256MB of RAM installed with 384MB recommended.


    From the FAQ:
    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.


    It's not their fault you didn't read the information clearly presented before you bought it.

    --
    T Money
    World Domination with a plastic spoon since 1984
  11. 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"