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. "

Comments

Re:(un)Fair

[poptones]

Odd how companies are spending so many resources in hopes that they'll score a home run. What I find strange is, that when other technologies which where hip where introduced (eg. cassettes, vhs tapes, etc), I don't recall the same effort as the 400lb gorillas running around with an attache of lawyer goons.

You don't recall that because you weren't a radio station in the 70's and 80's being sued by the RIAA for playing whole sides of LPs instead of talking over single tracks. You weren't Philips, trying to grow your new compact cassette format while the RIAA tried to get it banned in the US market.

The reason it's different now is purely because of the technology. Unlike those other battles - over physical technologies like the LP, the compact cassette, the reel to reel, DAT, Elcassette and so forth - or with established businesses that could be held economically accountable for breach of contract - this time the RIAA is forced to deal with a technology that is available to everyone and travels at the speed of light. This battle is purely a game of whack-a-mole, which the old order can never hope to win.

Compulsory licensing is a copout. It's also inevitable. My guess is the EFF is just hoping this "olive branch" will help them to build a dialougue with the industry. That could help build credibility for the EFF in established circles, but I suspect it still may be too early to play this card without alienating the hard liners (like myself). The music industry may be on the ropes, but it has a very long way to fall and I don't want to see anyone catch them before they hit the mat.

(BTW I was going to link you to a story about the RIAA and the LP, but trying to connect to RIAA.ORG returns me http://"""....""""" - it would appear they are, yet again, succumbing to a DNS attack...)

when the problem is out of hand, check assumptions

[vnv]

The customer is sitting here in the middle of a great struggle. The music industry is trying their best to come up with a one-sided application of police technology, laws, and law enforcement to squeeze more money out people they think are cheating them by sharing music with others.

First of all, let us observe that it is very rare that hitting your customers with a massive hammer (filing lawsuits against them and treating them as criminals) ends up helping your business. And it's quite uncommon if you make someone's life a living hell (with Microsoft style Palladium DRM) that they are going to buy more product from you, much less have any positive opinion of you.

Secondly, let us look at what is really going on with music today, not what the music industry likes to say is going on.

1. Most people like music.

2. Most people buy music.

3. There is an amazing amout of music available on many labels from many geographic regions.

4. There is no easy way to a consumer to listen via radio to all the music that is available.

Today for radio we have:

- very little variety left in big radio

- in the US, big corporations dominate most of radio, further reducing choice and variety

- very hard to find little radio stations

- very few internet radio stations

- internet radio is hard to find

- internet radio is hard to use for many

- radio stations of any sort cost money to run

- commercial radio has many ads, reducing the desire of someone to listen for very long

5. Outside of radio, the ability to listen to music before purchase in a commercial environment is even more limited. Some few music stores offer listening stations, but many times the equipment is broken or dirty.

6. In reality, most people listen to much of the music they end up purchasing via their friends. In fact, many friendships are made because people have common tastes in music.

7. The music industry's method of retailing is incredibly anti-customer and does not respect local laws and customs (try before buy, returns).

Imagine you have a product that sells wrapped in a tough plastic wrapper with an additional sticky plastic security wrapper and often all that itself inside a hard plastic shell. This product obviously cannot be inspected. Whatever is inside the wrapper is unknown to the consumer.

Now let's say you want to come up with a successful way of selling your wrappy product in stores and you come up with the following strategy:

a. You don't sell your product uninformly in all stores so the consumer has to guess what store your product is available in.

b. You don't provide a way for consumers to check if your product is in a local store.

c. You always charge your customer full price, often over list price, if they buy it in a local store.

d. You don't let your customer have any way to try (or even inspect) their merchandise before purchase.

e. You don't allow your customer to return the merchandise if they don't like it. Or even if you do allow returns, it is for a fraction of the purchase price.

8. The music industry has made very little effort to revamp their sales system.

a. There are few record stores with vast libraries of music that you can listen to via your own headphones or speakers.

b. There is usually no volume discount.

c. There are almost never special deals on the music you want -- only the music the retailer wants to move/dump/promote.

d. Most music stores have hours that are incompatible with work. As more people have to work longer hours, music stores should take this into account.

e. Many music stores are hostile to customers that spend a long time there.

f. Most music stores do not offer comforts such as nice chairs, coffee, or things to eat.

9. The existing online music stores all require that you register to