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UCB Researchers Critique DRM, Compulsory Licensing
An anonymous reader writes "
In this
paper, Berkeley researchers critique a host of cockamamie DRM schemes, and
they also question the compulsory
licensing approach recently being promoted by the EFF. They get into some
of the practical details about compulsory licensing that no one else seems to
be talking about like technical feasibility, incentives to cheat, monitoring for compliance, efficiency of collection and distribution of funds,
privacy, fair use, feasibility of legal enforcement... Anyway, it's worth
a read and is a useful contribution to the debate, whatever side you're on.
"
All DRM is inherently unbeneficial. Systems such as Pallidum only collude the issue by pertorting to offer benefits to the end user. Want to protect your files? Run PGP. Want to prevent other people from reading them? Don't give them to people you don't trust. It's simple.
As for the RIAA, I strongly disagree with their methods and their tactics. But, in the end, they are protecting the companies who fund them. And quests such as not buying CDs in order to protest the RIAA only result in more justification for the RIAA to encourage cracking down.
In my opinion, the only legitimate option that the RIAA is pursuing is litigation. Litigation is where the Copywrite battle is fought, and it should have remained in the first place.
ahem. the pdf format has been made publicly available by adobe, and open source viewers are available. like xpdf.
moderators, troll this luser.
The bathwater should be carefully checked to make sure no baby is contained therein before throwing it out. DRM often being overly restrictive, easily bypassed, or otherwise inneficient does not mean that there should not be some _Rasonable_ system in place that prevents misuse, and only mis-use. In the slashdot crowd-- and I find myself, as part of it, falling victim to this at times-- DRM is often spoken of in a context of its being inherently bad and undesireable. Truthfully, and effective and fair DRM system just might be what is truly needed.
Interesting comments wanted; trolls need not reply
it's a good idea to point out the flaws early, so it can be fixed rather than if they do a massive deployment of shitty tech.
Companies are serious about DRM. It's not going away.
SCO employee? Check out the bounty
Other EFF board members include John Perry Barlow [also associated w/the Grateful Dead] and John Gilmore, neither of whom would endorse systems that require DRM. Beyond that, the EFF's general vibe of promoting online privacy and the right to anonymity would make the EFF incompatible with DRM systems.
I think that this bad meme (that the EFF wants C.L.) got into Slashdot a few months ago when an article covered the talk an EFF staff member gave on compulsory licencing. Talking about it or listing it as one method of compensating artists != endorsing it, but that confusion was made.
It really comes down to how much it will cost to do DRM and the cost of getting around it. The costs are not just monetary - but may include a complex tradeoff of penalties and benefits in many areas - including culture, the legal system, personal privacy, fundamental human rights and so on.
Since corporations and hence their hired thugs in government don't much care about things like human rights, personal privacy or culture (realisticly, things are not set up to encourage them to do so, so why would we expect it), they will always make their decisions on the basis of corporate self interest - which is usually short term profit these days.
There is almost certainly a place for DRM on some level - it encourages and rewards creative artists of all sorts (though the best artists seem to do their thing anyway). The problem is that as soon as we allow any serious IP protections (as DRM or whatever), there's no control on what the people who want to make profits can do with it.
I worked for a company whose game plan was to sell a product for less than $100 - the product was in large part IP of one sort or another. Once the marketers got hold of it, the price was inflated to the $1500 range. Not because it was worth that - but they thought they could charge that much and get away with it. I had figured out how to do a cheap DRM scheme that would be just hard enough to break to make it cheaper to just buy the product (at the $100 mark). Shortly thereafter I left the company - with the DRM scheme still unimplemented.
That kind of thinking "We can get away with charging that much" is pervasive. But its also problematic - just by charging that kind of inflated price, the marketers are providing higher motivation for people to find ways around paying the prices. Monopolistic practices (even in the small - one company holds the contract for the current top musical sensation) tend to exacerbate the problem. Now they want to impose DRM - worse yet they want to do it with the government's legal system - which means that they get the benefits (ability to raise prices, impose conditions...) but everyone else gets to pay the price.
If there were no serious DRM, but downloading a permanent copy of a song cost (say) a dime, there'd be no incentive to break DRM - and most people (I suspect) would go along with it and its not hard to believe that the music industry would be the better and with smaller distribution costs, the artists would probably be better off. But when we allow and legally support DRM it is both an incentive to the industry to charge as much as it can, and an incentive to consumers to find ways to break it.
Worse yet, we now have corporations that seem to have determined that they are owed a certain amount of money every year - and who are willing to pass laws to ensure that they get it. Essentially they want to tax us to ensure that their incomes stay where they'd like them to be.
Given all this, I see no reasonable alternative but to ban DRM completely - but I suspect the corporations will have their own way and we'll end up spending $10 to listen to a single song three or four times. The interesting thing is going to be the underground that springs up to counter them - who knows what that will result in? I do quite love the law of unintended consequences.
Make the [MP|RI]AA sell non-discriminatory licenses for content that's already out there, rather than allowing them to throttle the channels of distribution. That's in the spirit of copyright law, because the intent of copyright law is to put content into the public domain... pause, think... and the mechanism for doing it is to reward rights owners. So by having Joe Public distribute the content, then reward the rights owner, everybody wins, right?
Well, sure, but there's a tiny problem. It's that nobody remembers that. The publishers have a vested interest in not remembering it. In fact, they've paid huge sums of money to Congress to forget it. The DMCA, and DMCA case law explicitely refutes it. The "exclusive rights" have become paramount, trumping the intent to make the content available.
So, you make the [MP|RI]AA license content. Fine. Does that mean they have to make it available without DRM? Nope. Does it mean that you get the right to break the DRM to use it? Well, technically, if you can do it yourself without obtaining or making available a tool to do it, so, de facto, no. DMCA case law has already made this clear. Congress said that it's not legal to obtain tools even for use on content that you licensed, and the courts have (astonishingly) upheld that.
So what good does licensing do, when you can only get crippleware content, and devices that will play crippleware content, and when you can't legally obtain tools that let you uncripple it?
I applaud the EFF's intent, but defeating rampant DRM is a pre-requisite to any shake up in licensing, not an afterthought.
If you were blocking sigs, you wouldn't have to read this.
Next thing, RIAA will implant a DRM chip in our brains, so the signal is decoded there and injected there directly into your hearing part of the brain... But still, you could hack that... The best thing about DMCA is since you can't break the encriptin, the methods will became ever more simpler (i.e. simpler than rot13... maybe rot1) making it easy to break...
how long until