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Cory Doctorow on Digital Rights Management

VerdeRana writes "I just heard the EFF's Cory Doctorow give this fantastic argument critiquing DRM. He makes a great case for why DRM is bad for society, business, and artists, why it simply don't work, and why Microsoft (the audience for this talk) should not invest in it. Broadcast this far and wide, and maybe someone will listen."

415 comments

  1. DRM by mirko · · Score: 5, Insightful

    The problem with DRM is that it's got a name that people might consider making it the only right-management-related concept, now, DRM is not alone in its category and there'll be other to take care about, like DVD region locking, etc...

    --
    Trolling using another account since 2005.
    1. Re:DRM by Anonymous Coward · · Score: 1, Interesting

      DRM is not a catchall.

      DRM is specifically related to the locking and unlocking of media files dependent upon the licensing of that media.

      DVD region locking is about blocking the usage of media outside of an "acceptable" zone.

      DRM is completely moral, within the bounds of appropriate DRM. In fact, with DRM-enabled devices, you are able to back up your media to your heart's content, providing that you actually paid for the media in the first place. Region locking is not moral, as it prohibits you from using media that you may have paid for in a system that only refuses to play the media because of the location of the player.

    2. Re:DRM by mirko · · Score: 3, Interesting

      Exactly, DRM is not a catchall, this was my point...
      People think that DRM is catchall, they do not realise that there are many smilar schemes going on.

      DVD Region locking is stupid, this is just making international trade laws redundant as if you didn't want a DVD to be sold in a country, you could just have its import banned. I cannot believe I had to buy Ed Wood's movie box in the USA because these are NOT available in Switzerland at all despite the movie's been around for.... decades. So, DVD Region Locking is supposed to prevent movie sales to occur while these are stilly played in movie theaters.
      Now, if this were true, then most "old" movies would have been released as Region-0.

      And no, DRM is not moral.
      Short example :
      I am remixer.
      I want to rip an Audio CD in order to practise my skills.
      I can't.
      I want to make record to submit to my producer.
      I can't.
      Even though I'd have negociated the rights before entering commercialisation...

      So, even if it is moral (for a Klingon's point of view) it is totally stupid because you cannot build equity if you base it upon suspicion.

      --
      Trolling using another account since 2005.
    3. Re:DRM by mOoZik · · Score: 2, Informative

      If you are a remixer, you can either get permission (as there is no use in commercially non-viable material) or use a non-DRM artist. You can make all the records you want, just don't use other people's hard work in your own without permission. If you remixed my work and got a record deal without my consent, I'd sure as hell be pissed about it.

    4. Re:DRM by Anonymous Coward · · Score: 2, Interesting

      "In fact, with DRM-enabled devices, you are able to back up your media to your heart's content, "

      Wishful thinking. What makes you think Riaa and the like will allow this to happen. they won't.

    5. Re:DRM by mirko · · Score: 3, Interesting
      1. Yes, does this make me a terrorist, then ?
      2. Your point would be valid if we discussed something practical. Here we discuss something artistical and people really want to explore before beginning the eventual commercial agreement. This is also a reason I created GNUArt, to help people gather creations that otherwise would never have emerged and would have shamelessly been lost.
      3. You're a Klingon :)
      --
      Trolling using another account since 2005.
    6. Re:DRM by Anonymous Coward · · Score: 0

      That's how it works, fucko.

      Just because your parents won't give you enough money to buy your own stereo system, don't show off your ignorance in public forums.

      Thanks.

    7. Re:DRM by mirko · · Score: 1

      Should I get a record deal with a remix base on your work, you'd be first informed and retributed.
      This'd also be good for your promotion, wouldn't it ?

      --
      Trolling using another account since 2005.
    8. Re:DRM by mOoZik · · Score: 1

      I may not want my work to be remixed by anyone, and if I decline permission, your whole effort will be wasted. Thus, with DRM or without, it will make sense to get consent before moving forward. If you are so sure I will approve for promotion of my own name or otherwise, then get permission.

    9. Re:DRM by makomk · · Score: 5, Insightful
      DRM is moral because it does not restrict the licensee from any usage to which he has not already agreed through the implicit acceptance of federal copyright law.

      Not neccesarily true. DRM scemes often add extra restrictions beyond those of federal copyright law. For example, they block one or more of the types of copying allowed by fair use, many tie protected files to one computer, etc, etc...

      Besides, If I've legally bought a CD, I don't see any moral reson that I shouldn't copy it to a computer/MP3 player/other more convenient form, for my own use, no matter what the law says or the DRM restrictions are.

    10. Re:DRM by mirko · · Score: 1

      I may not want my work to be remixed by anyone
      Why ?
      If the remix is bad, it won't be heard and nobody will associate you with it becaus ethey nkow what a remix is, if it's good, it'll be spread along with your name.
      In both case, you'll be paid.

      If you are so sure I will approve for promotion of my own name or otherwise, then get permission.
      Yep, but if I want to get YOUR permission, I might have to send you a remix in order to give you an idea, if you don't consider being remixed without hearing anything, then you should work as a lawyer or as an accountant because you just lost track of the interest of artistical interactions.

      --
      Trolling using another account since 2005.
    11. Re:DRM by shione · · Score: 0

      He was quoting somebody else, stupid.

    12. Re:DRM by Anonymous Coward · · Score: 0

      DVD Region locking is stupid, this is just making international trade laws redundant as if you didn't want a DVD to be sold in a country, you could just have its import banned.

      So because it is illegal to enter my house and steal my stuff, I shouldn't have locks on my doors? No, redundancy is good.

      And why does being a remixer give you full rights to other's material? If they want you to have full rights, they will give it to you, if they don't, they can use DRM to prevent you from using it. It's THEIR decision because it's THEIR property.

    13. Re:DRM by pnuema · · Score: 5, Insightful

      If you had read the article, you would realize that though you might be pissed, he doesn't need your permission. This portion of copyright law dates back to the player piano days, where it was ruled that a flat fee is paid to the artist being "covered". You don't need permission to sample music, you just need to pay the fee.

    14. Re:DRM by ObsessiveMathsFreak · · Score: 4, Insightful

      DRM is an industry attempt to enforce a monopoly, just like region locking.
      The fiasco of DVD restrictions runs counter to every single principle of the free-market which these companies supposedly hold dear.
      The reality is that free-market is only supported when it benifits the big guys, and in the case of digital media, it dosen't.

      It's time for people to realise, music and movies are only big business because the few have a monopoly on their, inexpensive, reproduction. Now that Joe Sixpack has the ability to reproduce, they want to take it away from him. It's shameful. The way to deal with piracy is to reduce the cost of your products. That way they'll be so cheap people won't bother pirating. It's only the monopoly that makes them so expensive.

      --
      May the Maths Be with you!
    15. Re:DRM by fulldecent · · Score: 4, Insightful

      I can do whatever the hell I want with your CD I bought. REdistributing the mix requires your permission though. DRM changes none of this.

      --

      -- I was raised on the command line, bitch

    16. Re:DRM by mOoZik · · Score: 1

      He's talking about remixing by using a large portion of someone else's creation. This is not the same as sampling.

    17. Re:DRM by mirko · · Score: 1

      He's talking about remixing by using a large portion of someone else's creation.
      Large ?
      What the hell are insinuating about me and what I could do with your work ?

      Please, let the adults discuss gently and got troll somewhere else.

      --
      Trolling using another account since 2005.
    18. Re:DRM by mirko · · Score: 2, Insightful

      OK, it's all about this "intellectual property" concept, then.
      If you don't want to share, never let people know you actually create something.

      --
      Trolling using another account since 2005.
    19. Re:DRM by harrkev · · Score: 4, Insightful

      And maybe I wrote a murder mystery, and you should only read it in a dark, damp cellar with the smell of moss. And I will sue you if you DARE try reading it at the beach!

      Come on here. If you don't want people listening to/using your work, then DON'T PUBLISH IT!

      I do agree that it is wrong for somebody to make money off of your work. If somebody wants to re-mix your music FOR THEIR OWN USE, then it should be OK. If they want to sell their mix, then you should get a penny or two. However, you should NOT have the right of refusal. The law is there to guarantee that you get paid, not for you to be a primadonna. If something happens that you don't like, tough luck. Life happens, and people's feeling get hurt. The declaration of independence gives you the right to pursue happiness, not the right to get all pissy if things don't go your way.

      I apologize if this appears troll-like.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    20. Re:DRM by mOoZik · · Score: 1

      You're being an ass. Remixing does not just use samples: it uses significant portions of the original. Being an electronic musician, I know that to be true. Perhaps you should learn before acting like a jerk?

    21. Re:DRM by mirko · · Score: 1

      We all have a special definition of remixing, and mine doesn't especially imply the same thing as you.
      I happen to cumulate around 10 seconds of various sound sources from a song (I made) in order to remix it.
      So, not a large number but rather a few but significant would be enough.

      Question : if you call me an ass, does this mean you are standing behind me ? ;)

      --
      Trolling using another account since 2005.
    22. Re:DRM by YU+Nicks+NE+Way · · Score: 1

      "And since Fall, there's all there `gatherers` and `sharers` going around. I reckon that there's a lot more gathering than sharing."

      RMS is not the first person to try to paint forced taking as sharing, you know, and I'm sure he won't be the last. It's an old rhetorical trick, to paint the extortion as redistribution for the good of the many at the expense of the greedy few. But there's a good name for the tactic: demagoguery.

    23. Re:DRM by grahamm · · Score: 1

      The piano roll (where this started) is not sampling either - it is reproducing the whole work. The law was made so that this became legal on payment of a flat fee and that the copyright owner could not prevent it. The piano roll maker (or modern day remixer) pays the fee and is allowed to do the deed.

    24. Re:DRM by mpe · · Score: 1

      DVD Region locking is stupid, this is just making international trade laws redundant as if you didn't want a DVD to be sold in a country, you could just have its import banned.

      Banning the import of a specific title would be a matter for that country's government. The thing is that the DVD region codings don't match up with censorship standards, languages or TV standards.

      So, DVD Region Locking is supposed to prevent movie sales to occur while these are stilly played in movie theaters. Now, if this were true, then most "old" movies would have been released as Region-0.

      Even some new movies might never play in mainstream cinemas/movie theaters in some parts of the world.

    25. Re:DRM by mpe · · Score: 4, Insightful

      The fiasco of DVD restrictions runs counter to every single principle of the free-market which these companies supposedly hold dear.
      The reality is that free-market is only supported when it benifits the big guys, and in the case of digital media, it dosen't.


      The same way certain large corporations are pro "globalization" when it means they can get the cheapest possible raw materials and labour. But get upset when customers and retailers (some of whom are themselves large corporations) try to choose the cheapest sources of goods.

    26. Re:DRM by Anonymous Coward · · Score: 0

      I beg to differ... It's a bit difficult to mix anything with a CD I bought if there's no way to get the contents of that CD off of said CD.

    27. Re:DRM by Anonymous Coward · · Score: 0

      Lack of reading comprehension is a form of ignorance too ya know....

    28. Re:DRM by Anonymous Coward · · Score: 0

      I am a musician. I have released works on a major label (no it didn't sell that well).

      But it is my work and I would be pissed off if you had taken my work in the first place without asking. I have had my work in the past remixed...I have also asked my friends to do it -- and not accepted others doing it on their own.

      I work as a developer these days. I have several employees working under me. If someone were to come in to an interview with code of mine, edited to do something else and presented it to me as an interview tactic, I would probably not hire them and I'd get on the phone to my IP lawyer immediately.

      I'm all for the GPL and my employeer at my suggestion has released many of our older apps as GPL. We *NEVER* release the newest apps as such as we depend on these to make money -- especially since we are a nonprofit and our base funding barely pays my salary -- let alone the salary of my employees. My customers get the satisfaction that they have access to the code when they buy the product (as well as the compiled version) and the fact that it is stipulated that within X amount of time, it too will be GPL'd even if we don't do it sooner.

      I say that simply to let you know I support open source and all that.

      But I consider my music to be art. I work with my remixers and tell them what I'd like to hear...only once have I told anyone to do whatever they want.

      If you want to remix this in your own home -- fine. Its considered fair use for private usage to me. Giving it to ANYONE including me, is distribution and I will sue you for it. I might even beat the shit out of you in the process. Its not your work and you have no permission to do anything with my art except play it as presented and either like it or dislike it.

      Some of us artists take this seriously. I'm sorry if you cannot respect an artists views on this. I would respect your views and restrictions on your art. If you wanted me to stand nek'kid while looking at your paintings, I can decide if I want to do this or not, and say your are a fucking moron for forcing me to do this -- but in the end, if I choose to view your art, I would respect you restrictions or I'd choose not to deal with it at all.

      It is as simple as that...

    29. Re:DRM by mirko · · Score: 1

      Giving it to ANYONE including me, is distribution and I will sue you for it.

      what ?
      giving back something to you only is distribution ?=
      call your lawyer, he'll have a hell of a time :)

      Some of us artists take this seriously. I'm sorry if you cannot respect an artists views on this.
      I respect artists views, otherwise I would not discuss this at all.
      I just think it stink and if it's YOUR RIGHT, I just feel like not acting like you when it comes to these matters.

      This is also why the GNUArt concept is work-based, not artist-based : I don't protect artist, I protect what they want me to protect.

      --
      Trolling using another account since 2005.
    30. Re:DRM by Kiryat+Malachi · · Score: 1

      You're confused.

      It is legal to recreate someone else's composition via your own musicianship. This is the equivalent of the player piano replaying the piano roll. This is compulsory licensing, and its a fixed fee requiring no permission from the owner of the composition rights. It applies to *covers*; versions where you recreate someone else's music yourself.

      It is not legal to use a portion of someone else's sound recording (sampling and/or remixing) without permission from the owner of the rights to the sound recording. This is also the right that prevents people from simply making copies of someone else's song. It applies to any copy of any portion of someone else's actual sound.

      There are of course little exceptions and extensions and loopholes and crap, but that's the basic deal. You're confused as to which one sampling/remixing is covered by.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    31. Re:DRM by Kiryat+Malachi · · Score: 2, Insightful

      Your views are a bit strong.

      You can dislike unsolicited remixes, but to be pissed at someone for doing one and then presenting it to you as "Hey, I did this. If you don't approve, no one else will ever hear it." is a bit much, don't you think? If you did sue someone on that basis, I hope you lose.

      If they distribute it outside of themselves and you, I would hope you win, but by making your music publicly available, as far as I'm concerned you've given permission to do *anything anyone wants* with it, so long as they either do not distribute it, or seek your permission prior to distribution. Implicit in seeking permission is obtaining your approval, which generally means that they would have to run it by you, which means that you've given them an implicit permission to distribute it back to you.

      I'm glad your album failed, to tell you the truth. You have every right to not accept and to restrain distribution of remixes of your work. But your statement of "anyone including me" is what makes you a twit.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    32. Re:DRM by radish · · Score: 3, Informative

      This is not true. The difference is between one copyrighted work (the song) and another (the performance). As an artist I can perform any song I like, by paying the appropriate fee. I can also record said performance and sell it, again no one can stop me provided I pay the fee.

      However, I _cannot_ make a copy of someone else's performance. The performance (i.e. a CD or record) is NOT covered by the blanket exemption/compulsory license schemes (except for broadcasters etc). So a remixer MUST get permission, likewise even a sample must be licensed.

      (BTW: I used to work in a dance record label, we spent a lot of time trying to get sample clearance!).

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    33. Re:DRM by Anonymous Coward · · Score: 0

      So, DVD Region Locking is supposed to prevent movie sales to occur while these are stilly played in movie theaters.
      Now, if this were true, then most "old" movies would have been released as Region-0.


      And nearly all the old movies I've bought on DVD have been region 0 - even when Amazon.com said they were region 1. (Note that I bought them from the US-based Amazon.com, although I live in the UK, and have never had any problems doing so.)

    34. Re:DRM by Anonymous Coward · · Score: 1, Insightful

      Exactly. Digital Rights Management doesn't really sound like that big of a deal. Call it something closer to the truth, something like Consumer Access Control, and people will realise that they are getting shafted.

    35. Re:DRM by Bob9113 · · Score: 2, Insightful

      Besides, If I've legally bought a CD, I don't see any moral reson that I shouldn't copy it to a computer/MP3 player/other more convenient form, for my own use,

      Moreover, and I think more importantly, the artist wants you to do that (though he or she may not realize it). Why? Because if you can derive more enjoyment from the product, you will be willing to pay more for it and buy more of it. In economic terms, by increasing the utility, the demand curve is raised.

    36. Re:DRM by dyfet · · Score: 1

      This is one of the problems with digital restriction management; it can/is often used to artificially enforce restrictions that copyright holders do not have actually have a legal privilege under copyright law to apply. Fair use
      is certainly a part of this, but so is both 1st and 4th amendment protections. Also copyright law fundamentally has nothing to do with actual "use" of material one possesses itself, but only with copying and distribution, at least until some federal judge decides that the act of viewing a copyrighted work is in effect "copying content to local neural storage". This is also why the GNU GPL is only relevant when distributing a work to others rather than when using it yourself.

    37. Re:DRM by Anonymous Coward · · Score: 0

      Fatality! Point for harrkev.

    38. Re:DRM by aardvarkjoe · · Score: 1
      However, you should NOT have the right of refusal.

      However, should he be required to help you, or even make it easy for you?


      Disregarding whether or not remixing music without permission is legal, I still think that people or companies should be able to use DRM if they like. I don't believe that bypassing DRM for legal purposes should be against the law -- so I don't like the DMCA -- but I also think that companies should be permitted to use any technical means that they wish to secure their IP. (Within the bounds of the law, of course.)

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    39. Re:DRM by lamona · · Score: 1

      DRM has nothing to do with copyright law. It has to do with usage restrictions, which copyright law is pretty much silent on (being about copying, logically enough). Even such benign statements as those in the CreativeCommons license are not statements of copyright law. Licenses are agreements between private parties -- law is public rule. Check out the taxonomy of Rights Languages at the Library of Congress site for an idea of how rights are expressed as contracts and control mechanisms.

      --
      I just read /. for the amusing .sigs
    40. Re:DRM by lamona · · Score: 0

      Unfortunately, Doctorow doesn't understand how DRM works when he says:

      DRM systems are broken in minutes, sometimes days. Rarely, months. It's not because the people who think them up are stupid. It's not because the people who break them are smart. It's not because there's a flaw in the algorithms. At the end of the day, all DRM systems share a common vulnerability: they provide their attackers with ciphertext, the cipher and the key. At this point, the secret isn't a secret anymore.

      Actual systems have gone beyond this for years by providing keys that are tied to a hardware ID (CPU ID, usually), which means that the key is not given to the user, it's given to the hardware. The payload file has the key to open the key file, and the key file always checks the hardware ID before allowing the payload file to obtain its key. Doctorow is correct that encryption alone does not do you any good when the recipient of the key is the potential attacker. But folks selling digital resources figured that out a long time ago. For a primer on DRM techniques (aimed at a non-techie audience, but it looks like Doctorow qualifies) see http://www.kcoyle.net/drm_basics.pdf that is from a talk I gave at the Library of Congress.

      kc

      --
      I just read /. for the amusing .sigs
    41. Re:DRM by Anonymous Coward · · Score: 0

      he should be required to not go out of his way to make it impossible, illegal or plain difficult.

    42. Re:DRM by Anonymous Coward · · Score: 0
      However, I _cannot_ make a copy of someone else's performance. The performance (i.e. a CD or record) is NOT covered by the blanket exemption/compulsory license schemes (except for broadcasters etc).

      Not yet. I'm pretty sure it will be in under 10 years. Read the article. That's one of the points. Compulsory licensing is the solution people always end up on.

    43. Re:DRM by Laxitive · · Score: 1

      It would be nice if the gnuart.net site's english translation was not a google auto-translation. Also, a frontpage (similar to the one on gnuart.org), that let you choose languages would be better than defaulting to French.

      I think as it stands, the language issues will hamper people who are interested in contributing, or just finding out more.

      As it stands, I either get to read a web page with stilted english, or read a web page with my stilted understanding of French.

      If you want, I can provide english translations.. but it seems as if your written english is rather fluent already.

      -Laxitive

    44. Re:DRM by FictionPimp · · Score: 3, Insightful
      Art is subjective my friend. Just because you dont see remixes as art does not mean others dont. If someone takes your song and 3 others and remixes it to a new dance tune, its still a new work of art. That said he still owes you for use of your work, but you should not be able to tell him he can't use it.

      As for your software example, if a applicant came into my office with my source code modified to do something else, my first question would be to find out how he got it, then to revise my security practices! Unlike a song, source code is a copywrighted work that you normally dont release to the public unless you are giving it away. Thus this does not make a good argument. If the guy had access to the code legally and if it was a good hack, I would definatly call that high marks.

      In any case, you seem very close minded for an artist. Most artists I know encourage creativity, and understand that just because they dont like something doesn't mean it sucks. Do you tell children they are not allowed to sing your songs because they might be out of tune? You have a right to make money from your work, and as long as you are getting paid, I dont feel you have a right to say what the public does with your work.

      But thats just me. Everyone has their own opinon :-)

    45. Re:DRM by Dun+Malg · · Score: 2, Insightful
      "And since Fall, there's all there `gatherers` and `sharers` going around. I reckon that there's a lot more gathering than sharing."

      RMS is not the first person to try to paint forced taking as sharing, you know, and I'm sure he won't be the last. It's an old rhetorical trick, to paint the extortion as redistribution for the good of the many at the expense of the greedy few. But there's a good name for the tactic: demagoguery.

      WIth copyright, there is no "taking", it's all "sharing". There is no diminishment of property in copying. Your ROTK quote is about redistribution of physical property, i.e. food. Sharing a song, a story, or an idea with 100 people results in 100 people having a full song, a full story, or a full idea. It's important to keep this in mind when discussing copyright issues.

      --
      If a job's not worth doing, it's not worth doing right.
    46. Re:DRM by MisterBad · · Score: 2, Interesting

      The FSF recommends against using the term "digital rights management". They suggest other terms, such as "digital restrictions management" or "handcuffware".

      --
      Evan Prodromou | evan@prodromou.name | http://evan.prodromou.name/
    47. Re:DRM by no_opinion · · Score: 1

      Sorry, this is not a communist country. The rights of the many do not over-rule the rights of the few. The law reserves certain rights for content creators (artist, musicians, software developers), and this country is based on the constitution and rule of law. If you are a content creator and "things don't go your way" because someone is ignoring the law, you certainly have a right to take action (aka "get pissy").

    48. Re:DRM by mirko · · Score: 1

      Thanks.

      --
      Trolling using another account since 2005.
    49. Re:DRM by Sax+Maniac · · Score: 3, Insightful
      Damn right.

      As a musician who has written some tunes here and there, it should be exactly that. Someone can take my music, and do whatever what they want with it for private use. If they want to sell it, then they should be required to give me a cut if I am so interested, over some nontrivial threshold. But I should not be able to say "you can't build on my work, even if you don't plan on selling it."

      It really makes me mad that whoever who rewrote Gone With The Wind from the servant's perspective can't. Part of me believes if you're lucky enough to have your bit of art enter the culture, that doesn't mean you and your estate owns the idea forever. Imagine if someone had to pay to write a story about Santa Claus. As far as I can tell, the only different is good ol' Santa came around before these laws came about.

      Sadly many people, including many fellow musicians that I know, think the stuff they write or perform is an absolute property right.

      Those almost people fail to see that they have built their purportedly "original" work on others. Maybe not as obvious and direct as a sample, but all artists have influences. And what's the difference really, between a sample of a chord, and that same chord recorded by the same instruments by myself? Very little, except you have to go through hoops for the former. And as time goes on, and people bitch in court, suddently it won't be legal anymore, and you'll have to find something else. Then nobody will be able to create any art without someone else's permission.

      --
      I can explanate how to administrate your network. You must configurate and segmentate it, so it can computate.
    50. Re:DRM by shotfeel · · Score: 3, Insightful

      Along those same lines..

      I can go to an art gallery, buy two paintings and take them home. I can then cut up one of them to paste parts on another painting, therebye creating something completely different, and hang it on my living room wall.

      I can go the the bookstore and buy a book. I take it home, cross off some of the parts I don't like and write stuff in wherever I want.

      When its time to move, I have a garage sale and put both up for sale.

      AFAIK, I've broken no laws. If any of the artists involved are offended by my compromising their artistic vision, that's their problem.

      So why do some people seem to think that music or movies deserve any more protection than paintings or books?

      Well funded lobbying groups is the only thing that pops into mind.

    51. Re:DRM by WNight · · Score: 2, Insightful

      In the real world, how do you suppose someone demonstrates a need for the suits to purchase rights to a work? You grab a low-res copy of a photo and put the calendar or whatever over it, the suits like it and you arrange the licensing of the full-res image. You grab a bunch of samples from whatever music you have lying around and you make a dance mix, the suits hear it and get the lawyers to arrange licensing the bits you used.

      This doesn't harm the original creator in any way and in fact helps them market their work.

      Besides, it's exactly in line with the stated goal of copyright - to preserve the marketing rights for the creator, to encourage creation of new works, while enriching the public domain by making more works available for public use.

      IMHO, if you DRM a work in such a way that nobody can build upon it (quote it, use pieces of it in a substantially new work, etc) you should lose the copyright on it. It's all about a give and take - my tax dollars fund the protection of your copyright, as long as I get an enriched public domain. When you stop living up to your end of the bargain I think you should lose my protection.

    52. Re:DRM by WNight · · Score: 1

      Your copyright does not mean I can't distribute modified copies of your work. If I buy a book and scribble out the dirty words and make margin notes and then sell it, it's perfectly legal. There are some technicalities that make this difficult with a CD, but the underlying law is the same. Perhaps one CD/DVD of the original and a CD with a patch file...

      If you give me your code (by me buying your product, or whatever) and I modify it, I'm perfectly within my rights (as long as I don't create more than one copy - one copy is allowable because software usually won't run on the distribution media). If I then show you this copy it's not a violation, unless for some reason this counts as public display (which is probably legal with software anyways).

      It's as if I scribble in a book and show an author the modified copy. Perfectly legal.

      Your frantic call to your IP lawyer will just waste you money and make you look like an idiot. Partially for being upset at the idea of someone else seeing and commenting on your work, partly for being such a strict bastard, and partly for passing up the best candidate you're ever likely to see - someone who cares enough to present you with an example of real-world code and how they've discovered flaws in it.

      Remember, copyright law was created to grant monopoly rights on the creation of copies, to protect your financial interests, nothing else. Nobody cares if you like what I write in the margins of your book - you lose the right to complain when you sell the book.

    53. Re:DRM by WNight · · Score: 1

      Being able to ban imports is a very bad thing. You should be able to choose not to sell directly to some people - right of association and all, but not to restrict future owners of your work from associating (and selling) with those people.

      Basically, once something goes to market you should lose *all* control over every purchased copy.

    54. Re:DRM by WNight · · Score: 1

      The user still posesses the key, or a device holding the key. Look at the XBox and SmartCard hacks to get an idea of what people are able to do to protected hardware. Besides, the ease of access to the key isn't directly relevant, as long as one user can access one key, everyone can posess unlocked media.

      Besides, only some DRM schemes involve hardware, many like those on PCs, are all software based because there isn't (yet...) a key server chip on a PC.

      If you want to quote yourself, that's fine, but paste a snippet and a link to the text. I'm not going to download and read a PDF on the off chance that you say something relevant.

    55. Re:DRM by YU+Nicks+NE+Way · · Score: 1

      You might want to read the comment that the parent of the parent post to yours was responding to. It's been modded down to oblivion as redundant, but it sets the framework in which to interpret the word "sharing". There can be good reasons that having somebody else use your work is not "sharing" it but "abusing" it.

    56. Re:DRM by MntlChaos · · Score: 1
      I may not want my work to be remixed by anyone, and if I decline permission, your whole effort will be wasted. Thus, with DRM or without, it will make sense to get consent before moving forward. If you are so sure I will approve for promotion of my own name or otherwise, then get permission.

      Tough. Compulsory Licensing forces people to have the right to make remixes. If you don't want your work to be remixed by anyone, then don't publish it. All they have to do is tell you they're doing it and then send you royalties (I believe there's a statutory rate for that, or a different contract can be agreed to).
    57. Re:DRM by ehack · · Score: 1

      I don't get the fuss - surely, authors are allowed to sell their stuff *WITHOUT* DRM ? So, if buyers hate DRM, those authors ought to have an economic advantage over the ones who imose DRM restrictions, should sell more, and DRM restrictions should slowly vanish for purely economic reasons ...

      --
      This is not a signature.
    58. Re:DRM by Dashing+Leech · · Score: 1
      However, should he be required to help you, or even make it easy for you?

      That's not an appropriate analogy. It's not whether the content creators are helping you or not, it's whether they're hindering you. Stopping you from doing something you legally have the right to do is indeed immoral. It's like saying we all have the right to free speech, but the government is allowed to cut out everyone's tongue. It's a de facto removal of that right. A right only exists if it can be exercised.

      I don't believe that bypassing DRM for legal purposes should be against the law.

      Great, that's a start, but that's still the equivalent of sewing your tongue back on. It's still wrong for the government to remove it in the first place. It makes an elitist society where rights only go to those with the skills to circumvent the removal of their rights.

    59. Re:DRM by Dashing+Leech · · Score: 1
      surely, authors are allowed to sell their stuff *WITHOUT* DRM ... DRM restrictions should slowly vanish for purely economic reasons

      While this is true in general, it isn't really true is practise. When all of the publishers agree to use DRM there is no alternative. This happens more with monopolies or quasi-monopolies (e.g., RIAA, MPAA). Realistically, there'll be a few independents who will avoid this, but that brings us to the second problem: A given creation can only be produced by one producer. This is where the free market arguement falls apart.

      If I want to buy an inkjet printer, there are dozens of companies to buy from with virtually identical products. The same with almost all devices. The same isn't true for creative content. Sure, I can get some crappy songs, books, or movies from some independent producers, and occasionally they'll even have some good stuff. But the content is unique. If I like a band, I can't go to a competing publisher and get a "virtually identical product". I have no choice but to go to the publisher of that work, which means I may have to decide between giving up my rights to them or not getting a copy of that creative work. Either choice is bad for me. The publishers only have to have enough percentage of people to chose the latter for DRM to take hold.

    60. Re:DRM by Anonymous Coward · · Score: 0

      I never said I don't see remixes as art -- I see grafitti scrawln on sides of buildings and more recently all across my garage door in the alley, and that *IS* art and its actually pretty brilliant art for what it is. If I found the kid(s) that did it, I'd probably have them arrested.

      And then I'd probably tell them if they want to get out, they will repaint over this with something I'd find more appropriate towards my taste.

      I like remixes -- I've done some for friends that have asked me to over the years. It is art -- but to do it without my permission and distributing it when it was never my desire to have someone else take this work and change it -- it might still be art, but its not going to be released.

      Create your own damn art. You do not have to use someone elses property to do art. I've never understood the idea that taking someone elses stuff should be allowed without their permission.

      If the original was distributed with the altered work *COMPLETELY* unaltered, and the artist were to get paid for it, i'd be happy to see this.

      I came off as an ass, but the original poster towards this topic came off as I'm An Artist (Because I take other peoples music and put a generic drum loop under it -- speeding it up to 160BPM -- thats all 99% of the remixers do -- yeah, fuck people that think they are artists but still require someone elses work to get their stuff accomplished) And As Such, You Cannot Put Bounds Around Me. I presented the opposite end of this...

      I know a few good remixers -- but these guys are artists in their own right and can make great music without having to rip others off. They just like to hide under the anonymity of someone elses title even when it sounds nothing like the original and could have easily thrown in their own samples instead.

      But closed minded? No...just protective of whats mine. Probably why I haven't released anything of my own in 10 years and prefer to work with others these days. Its good being anonymous in the mix...no one trying to change what is yours, and no one giving opinions on how it could be different. I took up guitar because I got sick of my guitarist trying to tell me how my stuff should sound when all I wanted was him to play the fucking shit as I told him. His stuff sounded good, but it was his stuff and not mine. I wasn't collaborating, I was creating...big difference. both have their place in the world, just not with my works because while I'm not egotistacal about my works being great or world shattering, I do belive they are an idication of my own mental state at the time and anything else polutes that...

      Thats what art is about...

    61. Re:DRM by ehack · · Score: 1

      This argument is fallacious. If publishers who do not use DRM make more money than those that do, soon the publishers who do not use DRM will be making most of the running and getting the most bands.

      Of course, if the publishers somehow manage to brainwash the public into thinking that DRM is better -sorry Jane, I cannot share this music with you it's just for us, us who've paid- a bit like the hard-to-get-into-club, then DRM will rule.

      --
      This is not a signature.
    62. Re:DRM by Dashing+Leech · · Score: 1
      If publishers who do not use DRM make more money than those that do...

      This is exactly point I was arguing was the problem. People do not (generally) buy music based on who the publisher is, except for a few activists. People buy music based on the artist and what's played on radio and MTV. Most of the artists people like are with the major labels as is most of what's played on radio and MTV. That's why the major labels are the major labels. And the major labels are all members of the RIAA, who are pushing DRM.

      So, who exactly are these "non-DRM" publishers that are going to make more money than the "DRM" publishers? People aren't going to buy their albums just because they don't have DRM, they still need good artists and need to get played on radio and MTV. It's just not going to happen. You can't turn the entire music consumer base (or even a large enough portion) into activists who will buy music they don't like.

      You would have a valid point if you could chose which publisher to buy the latest Beastie Boys album from, but you can't. If you want it, you either buy it with DRM or don't get it at all, or get it illegally. None of these choices are any good.

  2. fasa pasa by Anonymous Coward · · Score: 0

    If anyone will listen I think Microsoft will be the last to actually do anything about it. they have too much at stake to not go with DRM, sadly.

  3. The problem with digital right is by mrak018 · · Score: 1

    that nobody has right to decide have I right to read something or not!

    1. Re:The problem with digital right is by AKnightCowboy · · Score: 0
      that nobody has right to decide have I right to read something or not!

      The copyright owner does.

    2. Re:The problem with digital right is by Timesprout · · Score: 2, Interesting

      You have obviously never heard of the concept of democracy where a handful of people, supposedly representing the interests of the majority can decide whether you have the right to read, or view or listen to something. Its called censorship.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    3. Re:The problem with digital right is by mOoZik · · Score: 1

      There is no such thing as true democracy and there never will be, so live with. Human nature dictates that cliques will form, the power-hungry will essentialy enslave the power-less, and a sort of dictatorship will take place and the interests of the rich will be protected. DRM IS NOT the same as censorship: it is the control of intellectual property.

    4. Re:The problem with digital right is by MathFox · · Score: 2, Insightful
      that nobody has right to decide have I right to read something or not!

      The copyright owner does.

      The copyright owner has only limited rights on his creation. The moment he publishes the work he can not control further trade in the copies that he made. (And who gets to read/see/enjoy the work.)

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    5. Re:The problem with digital right is by dorward · · Score: 2, Interesting

      that nobody has right to decide have I right to read something or not!

      The copyright owner does.

      That depends on what grounds the decision is made on. If a copyright holder were to say "You don't have the right to read this becuase your skin colour is black" then that would be racial discrimination and illegal in many parts of the world. It seems to me that discrimination based on geographical location (nationality?) is somewhat dodgy too.

    6. Re:The problem with digital right is by makomk · · Score: 2, Interesting

      Here's a scenario for you. The government of a democratic country tells some sort of lie to the general public (not at all common, that!). There is an internal government document exposing their lie, but it is protected by a DRM system (such as the latest version of Microsoft Office), and also copyrighted. A worker with access to this document feels the public should know about it. Would it be morally right to bypass the DRM system in order to send a copy to the newspapers? And would it be right for the newspapers to print the document, or parts of it, as evidence?

    7. Re:The problem with digital right is by benstrange · · Score: 1

      Interesting scenario, but I'm not sure internal government memos are generally copyrighted. Official secrets, maybe.
      Either way, the morality argument is a tricky one and relies on a sort of Robin Hood mentality - "It's OK to steal it, the victims are wealthy."

    8. Re:The problem with digital right is by Evil+Schmoo · · Score: 1

      The government owns (thousands of) patents on technical work and research at facilities such as the CDC, NIH, Los Alamos, JPL, etc., but as far as I know, there is no such thing as a government copyright. (Possibly software, but that's not my field.)

      Government patents, too, last for much shorter periods of time than those typically granted to private industry, and the express purpose of a government patent is to prevent a private company from hoarding the technology and preventing other companies from using it (and to license dangerous or classified technology responsibly). If the government invented it, it belongs to all Americans, not just to one company.

      Equally, by definition, if the federal government produces documentation, it is in the public domain; only a classified designation can prevent its dissemination. (Although you may need to file an FOIA request to get the info.)

    9. Re:The problem with digital right is by rfc1394 · · Score: 2, Insightful
      that nobody has right to decide have I right to read something or not!
      The copyright owner does.

      Wrong. The copyright law makes it clear that once you sell a work you have no right to control its future distribution and that the purchaser of a work has every right to the normal use, enjoyment and even resale of that work. See Bobbs-Merrill Co. v. Straus , 210 U.S. 339 (1908) where the U.S. Supreme Court ruled that once the copyright holder sells a work they lose control of that copy and may not prevent transfer or future resale. If a copyright proprietor has no right to stop resale, it certainly should have no right to determine how or under what conditions you read or use a work as long as you aren't making copies for others.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    10. Re:The problem with digital right is by AllUsernamesAreGone · · Score: 2, Insightful

      DRM IS NOT the same as censorship: it is the control of intellectual property.

      However, controlling "intellecutal property" is an excellent form of censorship.

    11. Re:The problem with digital right is by aquabat · · Score: 2, Interesting
      That sounds suspiciously Orwellian to me.

      Copyright law restricts the reproduction of a work, not its consumption. If you write and publish a book, then I have a right to read it by virtue of it being published (i.e. made public). I don't even have to pay you to read it.

      Are you saying that there are (or should be) laws that allow a writer to exercise control over who can read his published book?

      You have given an example of an unfair restriction (i.e. no black readers). Can you please give an example of a fair restriction?

      --
      A republic cannot succeed till it contains a certain body of men imbued with the principles of justice and honour.
    12. Re:The problem with digital right is by AKnightCowboy · · Score: 1
      The copyright owner has only limited rights on his creation. The moment he publishes the work he can not control further trade in the copies that he made. (And who gets to read/see/enjoy the work.)

      So I can take a piece of software and copy it as many times as I want because the copyright owner has no rights to decide who reads it.

    13. Re:The problem with digital right is by tehdaemon · · Score: 1
      There was a true democracy once, Athens. It only worked because it was so small, (one city) and it only lasted 80 years or so. It failed for the reasons that you give. To say that there will never again be one is not strictly true, just practically true.

      From the article it is clear that DRM can only work with support from laws, and they have to be fairly oppressive laws, the 'critical flaw' in all DRM schemes is huge.

      --
      Laws are horrible moral guides, moral guides make even worse laws.
  4. I say let MS invest heavily with DRM... by Dagny+Taggert · · Score: 2, Interesting

    ...then we'll see, in the long term, exactly how good an investment that was. My guess is lousy.

    --
    Don't be a looter...and yes, I know that it's spelled with an "A" instead of an "E".
    1. Re:I say let MS invest heavily with DRM... by jc42 · · Score: 2, Interesting

      Yeah; in fact, why don't we encourage them to incorporate DRM into IE, Outlook, and other software that is capable of downloading copyrighted material from the Net? It would seem to me that this is an obvious area where wholesale copyright infringement is going on, and they have a real chance to stop it.

      After all, much of the stuff on the Web (including all the stuff here on slashdot) comes with a copyright notice. How many of us ever get written permission from the copyright holder before we copy their material to our disk and screen?

      Of course, Microsoft seems to want to enforce "Digital Rights" when the copyright owner is demanding protection. So what we need is a few writers who are willing to make a fuss about all the IE users who are pirating their copyrighted material.

      As the /. notice states, you all hold the copyright on anything you post here. Anyone want to volunteer to call this piracy to MS's attention, and demand that they incorporate DRM into IE so that their customers can't copy your IP without your permission?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  5. Why DRM will work by Anonymous Coward · · Score: 1, Interesting

    DRM will stop enough 14 year old girls from sharing their CD collections with their friends, forcing all of them to buy personal copies of the latest boy band CD.

    What you think about DRM doesn't matter a whit.

    1. Re:Why DRM will work by TheRaven64 · · Score: 3, Insightful

      No, DRM will stop 14 year old girls from sharing CD collections with their friends so they will all get copies from Kazaa, instead of one person in the group buying each one and then sharing with their friends. I've had problems in the past where copy protection has prevented me from exercising my rights to a product (even installing a piece of software I've bought, because I took the disk with me when I and my laptop left the house, but didn't pick up the manual which had the CD key on the back). My response? To bypass the copy protection. This often wastes a lot of my time, and in the future I avoid products from manufacturers who have wasted my time in the past.

      --
      I am TheRaven on Soylent News
    2. Re:Why DRM will work by lachlan76 · · Score: 3, Funny

      I'm a 14-year-old nerd who can burn cds for 14-year-old chicks. How does DRM help then? The worst it can do is wreck my life by letting people find out that I have their cds on me, and they'd think that I like that band. But how does that stop the copying?

      In order stop copying of cds, we must lower the nerd to cd and the nerd to non-nerd ratio to 1/10000 and 1/500. Any more nerds, and DRM will be useless.

    3. Re:Why DRM will work by Flyboy+Connor · · Score: 1
      DRM will stop enough 14 year old girls from sharing their CD collections with their friends, forcing all of them to buy personal copies of the latest boy band CD.

      Unless they ask their 8-year old brothers, who spend so much time behind the computer screen, to rip it for them.

    4. Re:Why DRM will work by shione · · Score: 1

      Or maybe they'll get pissed off enough not to buy the cds. I can't see how they're going to successfully stop people from sharing the cds.. not cds in their current format anyway.

    5. Re:Why DRM will work by pclminion · · Score: 1
      The worst it can do is wreck my life by letting people find out that I have their cds on me, and they'd think that I like that band.

      This statement makes me want to puke. Has teenage culture really descended so low?

      Kid, it doesn't matter what you listen to. If your friends shun you for your music choices, then you don't need them as friends. I realize you're young and this is how it's "supposed" to work, and that it all makes so much "sense" to you right now, but from my perspective (somebody 10 years older) it's really ridiculous.

      When you mold your own personality to fit the groupthink of your peer group, that's an enormous betrayal of yourself.

      But I doubt I'm getting through, and I'm sure you've heard it all before...

    6. Re:Why DRM will work by acidrain69 · · Score: 1

      My girlfriend bough Max Payne for PC. One of the few games we finally were willing and had money to buy. The copy protection wouldn't let it install on either of her drivers, CDRW or DVD. Took it back, no money for them. We'd be better off just pirating it.

      --
      -- Having a Creationist Museum is like having an Atheist place of worship
    7. Re:Why DRM will work by lachlan76 · · Score: 1

      Just pay attention to the statement 14-year old girls in the parent, and you'll understand why I don't want to listen to or be seen carrying those CDs. I'll just point out now that me and all my friends are all music students, all like the same music anyway, and some of us have their own band and have CDs on sale. I decided ages ago that what you said was right, and if I didn't, I would probably be at a party now with my girlfriend (it's 11pm on saturday night).

      Well I'd like to be anyway, but C++ and not knowing a lot of people keeps me here coding.

    8. Re:Why DRM will work by sorbits · · Score: 1
      if I didn't, I would probably be at a party now with my girlfriend [...] Well I'd like to be anyway

      Well, keep in mind that regular sex is only one of many things which can happen with a girlfriend -- and most girls expect a lot more, including having you give up some of the time you currently use with computers.

      So while the norm might be being with a girl saturday night and perhaps even at a party, is it really the things that "the norm" do which stimulate *you*?

      I personally get a lot more "fun" out of spending time on my own, doing what I like, than to small talk at a party.

      It is also a rather large advantage in a job interview that you actually show a passion for what you do (and using your spare time in the field) -- at least I am contacted with attractive jobs and can more or less dictate my salary.

      I doubt this had been the case, if I'd spend my days talking about how my day went with my girl friend and spending my weekends getting drunk with my friends, talking about how drunk we got last weekend ;)

      Of cause there are girls which do not fall into this typical role that I describe, and there are friends who do other than talk about how drunk they were at the last party (or some story about one of their friends which did something really crazy...) -- but regarding the friends who are not like this, these are typically not the types who will go to parties, and regarding the girls, dam they are hard to find! I am still searching :)

    9. Re:Why DRM will work by lachlan76 · · Score: 1

      Sounds like you have a girlfriend.
      Sounds like you go out at least sometimes.

      I don't have a girlfriend.
      I hardly ever go anywhere except for school.
      The last party I went to was about half a year ago.

      Just remember, I am 14, so I don't expect any sex anyway. Well, not from anyone that would want to go out with me. And even if they did, I don't know how long I could take it for, they all just piss me off a lot. It's easy to say that something doesn't matter when it's someone else, but when your own life seems to be spent entirely on a computer, when you're missing so much, and when you're just making it harder to turn things around in the future, don't you think that you should do something?

      I have plenty of free time time practice coding, so is one day a week with my friends really going to make things harder for me? When I said at a party with my girlfriend, I didn't mean that everyone spends their entire life at a party, I just wanted a way of saying "be with my friends" and "get a girlfriend" in the same sentence.

      And just for reference, at that last party, I didn't get drunk.

    10. Re:Why DRM will work by sorbits · · Score: 1

      Ah, didn't realize you were 14. Well, I don't think it was that much different when I was 14, i.e. I didn't go to more than perhaps 2 or 3 parties in total in public school and regarding friends, well, from school I really only made one friend from my own class, he was transferred to our school in 7th grade and also had computer (back then it wasn't as common), and he was probably socially worse than me, so we hit it off.

      I did however make other friends outside school, some because I was active on my computer (back then we had demos and demo-groups, so many of these friends did not live near me, and we only saw each other at computer parties or group meetings), and I also made one friend because I signed up for an electronics class at evening school, and one from an older class when I signed up for pupils council (who was basically also w/o friends partly because he transferred to our school in such a late grade, and partly because he just wasn't one of the cool kids).

      So I think if I can give you any advice it would be to sign up for some activities outside school, it doesn't have to be sports. At least here in Denmark they teach psychology, electronics and other geeky stuff at "evening school" and it's free to sign up for, and you might meet someone with whom you have a common interest -- I guess the main reason that I never really felt isolated was, that I always had one close friend (I never had a group of friends, nor did I ever "hang out" with my friends -- and today, even though I have maybe 4-5 close friends, I rarely see them w/o a reason, but I regularly talk with them over ICQ though).

      in high school, despite me still having the same interests, the things changed slightly, i.e. I was invited to the parties and I did socialize more with my class mates, although like in public school I really only made one real friend (who was also into computers) and I did not particularly seek out the things the others from my class did.

      And the same pattern repeated at the university, here I did make 2 or 3 friends (and that was computer science I studied), but I didn't participate in all those extra social activities or frequented our local university bar.

      Often I think the act of being invited to a party by the cool kids are worth much more for the geek than actually going to the party. So consider if you really want to hang out with the kids from your class, i.e. would you prefer to play soccer with your class mates over something geeky? because if you do, then I am 90% sure that they will allow you to play. If they don't ask you, it's most likely because they think that you don't care about it (the few times I did ask to join my class mates in activities I normally did not find interesting, they reacted with a certain doze of surprise, but never negatively).

      But if they for some reason do not like you, then just join some other club where none from your school is at -- I also signed up for self defense when I was around your age. There are really lots of options for you to meet with other people even w/o having them to like you ;)

      Also, keep in mind that you're probably starting a new school in a few years (?), and here you'll have the chance of resetting the image your current class mates have of you, plus everybody will be on the same level, becaause no-one knows each other, so everybody needs to make new friends -- just be sure not to act desperate or be pushy/trying to hard etc.

      And do try to get the best out of your situation, rather than moan about it (not to imply that you were!).

      And for the records, no I do not currently have a girl friend, and I rarely go to parties -- maybe 2-3 times a year, but I do other things with my friends, although probably not more than once a month (and almost always one-on-one) -- and I am quite happy with my situation! The only problem is that I would like to have children sometime (I am 28), and I don't meet an awful lot of girls with my current behavior, those I meet are either unintelligent, with a boyfriend, live in another country, or simply not interested in me ;)

  6. Brad Pitt ??? by mirko · · Score: 1
    Let's say we're in the days of the Caesar, the Gallic War. You need to send messages back and forth to your generals, and you'd prefer that the enemy doesn't get hold of them. You can
    rely on the idea that anyone who intercepts your message is probably illiterate, but that's a tough bet to stake your empire on. You can put your messages into the hands of reliable messengers who'll chew them up and swallow them if captured -- but that doesn't help you if Brad Pitt and his men in skirts skewer him with an arrow before he knows what's hit him.


    Erm... Brad Pitt was supposed to be a Greek, not a Geek nor a Roman. :)
    Well written pamphlet, otherwise.
    --
    Trolling using another account since 2005.
    1. Re:Brad Pitt ??? by Anonymous Coward · · Score: 4, Funny

      Erm... Brad Pitt was supposed to be a Greek, not a Geek nor a Roman.

      Not Brad Pitt the actor, you goofball. Brad Pitt the famous Gaul tribal leader of 96-50 BC.

    2. Re:Brad Pitt ??? by AllUsernamesAreGone · · Score: 2, Funny

      Can't be Gaulish, otherwise he'd be called Bradpittix. According to the suffixes used in Asterix he'd have to be an Indian.

    3. Re:Brad Pitt ??? by Anonymous Coward · · Score: 0

      Uh, Asterix? Yeah, I always base my knowledge of history on comic book guides.... ;-)

    4. Re:Brad Pitt ??? by irokie · · Score: 1

      gallic not gaulic
      seen as we're being pedantic ;)

      --
      and if you see me strut, remind me of what left this outlaw torn...
    5. Re:Brad Pitt ??? by rfc1394 · · Score: 1
      Erm... Brad Pitt was supposed to be a Greek, not a Geek nor a Roman.
      Not Brad Pitt the actor, you goofball. Brad Pitt the famous Gaul tribal leader of 96-50 BC.

      I believe it is unfair and unreasonable to expect the average person to know of someone from a(n) historic time who has an identical name to a currently famous person unless you properly identify that you are referring to the other party.

      This is Slashdot, where there are more than a fair share of programmers, yet if I wrote an article referring to Michael Jackson, most would presume I was referring to the gentleman who is currently accused of pederasty, not to the gentleman who is involved in the structured programming movement.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    6. Re:Brad Pitt ??? by mr+fog · · Score: 2, Funny

      Oh for goodness sake, can't you tell he was joking?
      in reply to
      > Oh for goodness sake, can't you tell he was joking?
      > in reply to
      >> Oh for goodness sake, can't you tell he was joking?
      >> in reply to
      >>> Oh for goodness sake, can't you tell he was joking?
      >>> in reply to
      >>>> ... ad infinitum

    7. Re:Brad Pitt ??? by bbc · · Score: 1

      Michael Jackson is of course the world famous beer expert.

    8. Re:Brad Pitt ??? by rfc1394 · · Score: 1
      Michael Jackson is of course the world famous beer expert.
      Oh that's right, I'd forgotten him. There's also that white guy, English who was a host on KABC talk radio in Los Angeles. It's a common name.
      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  7. You can't blame them for trying by Kombat · · Score: 5, Insightful

    Companies dealing in intellectual property have never before faced this level of onslaught of piracy and infringement. This isn't something that happened overnight - it's been building up for years (although in recent years, it has accelerated greatly). While a lot of people criticise the methods they're employing to try and protect their assets, few can offer insightful solutions that have solid financial reasoning behind them. We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished.

    These people/companies are getting desperate. Sure, I don't think DRM is a silver bullet either, but it is at least slowing the problem until they can figure out a better, long-term solution.

    The real thing we should be worrying about in all this is the laws they're passing in the meantime, like the DMCA. While the companies themselves will evolve through this, the rights-stripping provisions enshrined in legislation will be much, much harder to phase out. Laws are rarely repealed, and THAT is what should concern us.

    --
    Like woodworking? Build your own picture frames.
    1. Re:You can't blame them for trying by bhmit1 · · Score: 5, Insightful

      We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished. Actually, if I could find the bands I enjoy for $1/track as an mp3, then sure, I'd pay it, even if there was an inaudible watermark in the file. But $1/track for some DRM'd file that I can't play on any device I own isn't going to change anything.

    2. Re:You can't blame them for trying by Gigs · · Score: 4, Insightful

      "There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit."
      - Heinlein's Lifeline

      Your argument is flawed! They have continually faced these types of onslaughts. From monks handwriting manuscripts to the printing press, to the copy machine. Live performance to wax phonographs to LP's to tapes and now digital. With each change in technology the cost of production changed just as dramatically then as it has now. Since the cost of production has fallen to the level that is very near free you can not justify a cost to the consumer that is way way above free. And the fact that you business will go under doesn't matter one little bit. If the RIAA and all of its studios went out of business today there would still be lots of music to listen to tomorrow.

    3. Re:You can't blame them for trying by Anonymous Coward · · Score: 1, Insightful

      We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished.

      They didn't take us up on that challenge. Yes, they've made it $1/track, but they also put DRM on it, which decreases its value. The challenge was that a song, as had been sold previously, was worth $1/track. What they're doing is selling a different type of song which has DRM and lossy compression. Those decrease the value, so they still haven't met the challenge of $1/track at the same value of the track it would have on a CD.

      Plus, the experiment still isn't complete. The DRM has the side effect of limiting the size of your customer base. Online music stores are also not well advertised. Sure, "everybody" knows about iTunes, but not everybody knows about iTunes. Competing services are even less well known. The market is still significantly smaller than the CD market. Once the sizes are close, then you can start to make conclusions.

      Here's solid financial reasoning for you. When piracy is easy, goods carry an extra "ethical" cost to them. Every person has their own price for their ethics. If the price of your good exceeds that price, they're going to pirate it. Now if your good was reasonably priced, you've got a problem. If it's not, as CDs and software are not, then you should take it as a sign you need to lower your prices. Once you do that, and come back with proof you're losing to piracy -- meaning don't give us numbers of expected sales minus actual sales and do distinguish between people who would otherwise pay and those who wouldn't use your product otherwise -- then we'll talk.

      Until then, DRM is nothing but a substantial detriment to the value of the protected product. I, for one, find it makes music worth less than $1/track, and thus I do not buy it.

    4. Re:You can't blame them for trying by Otter · · Score: 2, Interesting
      You can't blame Cory Doctorow for trying, either. "Larry Lessig hanger-on" probably isn't a niche that can profitably support a lot of careers, but he's demonstrated that the number is at least one more than I had thought.

      We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished.

      Really, I don't think most of "we" have ever been honest about it. When companies tried to crack down on Napster and similar services, the complaint was that they should go after the file sharers. Going after the file sharers then wasn't acceptable; DRM isn't acceptable either. The reality is that the techie community has never offered anything beyond "You're rich and I hate you and computers should be outside the law and anyway I'm helping the artists by not paying them."

    5. Re:You can't blame them for trying by psychofox · · Score: 4, Insightful

      > Companies dealing in intellectual property have never before faced this level of onslaught of piracy and infringement.

      You obviously haven't read the article. It is littered with examples of how companies have in fact dealt with "piracy" and "infringement" many times before in the past. Going back over a hundred years in fact.

    6. Re:You can't blame them for trying by wkitchen · · Score: 5, Insightful
      We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished.
      No, they didn't. What they're offering for $1/track is a product grossly inferior to what we were getting for a similar price on old-fashioned CD's (before they started screwing those up with copy protection). How can there be any hope of a new product catching on when it's significantly worse than what people are already accustomed to?

      There are lots of songs I'd happily pay a buck for if it had the same quality and versatility as what I'm used to from CD's. And that means lossless compression and no DRM. And I'd happily buy songs with a lossy compression but at a good bitrate and with no DRM for .50/track. But the DRM infested garbage they're selling now? That's worth exactly 0$ to me.
    7. Re:You can't blame them for trying by 0123456 · · Score: 4, Insightful

      "I don't think DRM is a silver bullet either, but it is at least slowing the problem until they can figure out a better, long-term solution."

      It's not 'slowing the problem', and quite possibly it's making the problem _worse_. Today, if I want some music I can buy a DRM-crapped CD and have to fight to play it on my PC, or I can just download the songs for free from the web. If I want to play a game, I can buy it with some braindead 'copy protection' that will probably screw up my system by installing stupid fake drivers, or I can download a cracked copy from the web.

      If free distribution of your products is a problem, you don't solve it by making your products more of a hassle for your paying customers to use, and treating those customers like criminals.

    8. Re:You can't blame them for trying by idiot900 · · Score: 3, Insightful

      The reality is that the techie community has never offered anything beyond "You're rich and I hate you and computers should be outside the law and anyway I'm helping the artists by not paying them."

      That's part of it, but the larger issue that riles tech types is that protection of copyrights on music and movies is only a small part of what the entertainment industry's new laws affect. The fundamental issue here is that these laws limit the dissemination of information in ways that run counter to the values that we believe the United States was built on. For example, the DMCA makes certain math equations illegal to use or even tell people about. You could invalidate large swaths of public domain knowledge by demonstrating that such knowledge pertains specifically to breaking your stupid protection scheme.

      In a nutshell: techies hold the pursuit and dissemination of knowledge in all its forms dear to their hearts - after all, computers were designed for those very purposes. DRM stabs at the core of this ideal by limiting said pursuit and dissemination.

      The MPAA and RIAA, slimy and evil as they are, deserve to not have their content pirated. But they are trying to do this by legislating away the idea of a free knowledge-based society, and that is where I have a big problem.

      (I apologize for any factual errors and welcome corrections.)

    9. Re:You can't blame them for trying by Anonymous Coward · · Score: 0

      We all just seem to assume that if you offered your property for $1/track, that piracy would vanish.

      Personally, I didn't set my price point at $1 per song. I will use iTunes once the price is set to 25 cents per song. That's as much as I'm willing to pay. And only in a lossless, standard format like mp3 (or OGG), and without DRM.

      I will also stop dowloading music from LimeWire, Kazaa, etc, if CDs are priced no higher than $9.99 each (including double albums).

    10. Re:You can't blame them for trying by MindStalker · · Score: 1

      But is the level of piracy really all that bad? Before the rampet internet piracy they were making X dollars a year from selling music. Now they are making X+ dollars a year, and the pirates are making some money too. I don't agree that the pirates should nessesarly be making any money, but its pretty hard to prove that they are hurting the record companies buisness, and I'd be willing to bet some of they money they have made, is off selling things people want but simple can't buy, like non DRMd stuff.

    11. Re:You can't blame them for trying by acid_zebra · · Score: 1

      If you want to make broad sweeping statements like "We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished." then back them up with actual figures, examples etc. Last I seen, the itunes store was doing OK and more companies are preparing to launch (or launching) their own buck-a-song product.

      All the record execs screaming that piracy is cutting into their profits are running along a similar line of thought:
      a) there is a decline in sales
      b) p2p programs can be used to illegally copy music
      So, the decline in sales must be due to internet pirates!

      These people have been screaming bloody murder over every invention that allows you to copy music: cassette tapes, blank video, CD-R's and now p2p programs.
      I call shenanigans on your game, let's bring on the brooms ;)

      You last point on the knee-jerk laws that get passed in haste is right on the money btw, we'll be stuck with those for are while...

      --
      -- No Sig is a Good Sig
    12. Re:You can't blame them for trying by dido · · Score: 1

      These people/companies are getting desperate. Sure, I don't think DRM is a silver bullet either, but it is at least slowing the problem until they can figure out a better, long-term solution.

      And that long-term solution is the old adage: "Evolve or face extinction." This is something they seem determined not to do however. They're dinosaurs and the giant asteroid called the digital age is headed straight for them. I won't weep over their graves when they're gone. They would prefer we uninvent the computer; at their heart that's what a lot of the laws they've passed and are attempting to pass are trying very hard to do. Same goes for the DRM that they're forcing down our throats; they destroy the very essence of what makes a computer useful.

      Unfortunately, all of that's just like launching nuclear weapons into the meteor. It breaks up into fragments and you still get the extinction event. Arguably their use of DRM has actually made the problem worse, not better, as more and more people are alienated by ever more intrusive DRM that treats honest people like criminals.

      --
      Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
    13. Re:You can't blame them for trying by mpe · · Score: 1

      Companies dealing in intellectual property have never before faced this level of onslaught of piracy and infringement.

      Their business model only came into existance through the creation of the concept of "copyright". Which was itself an attempt by government to control the printing press.

      This isn't something that happened overnight - it's been building up for years (although in recent years, it has accelerated greatly).

      It's an effect of the advancement of technology.
      With the important distinction that whilst a printing press or CD plant only has a low cost per copy if you make a large number of copies a computer can make cheap copies one at a time.

      While a lot of people criticise the methods they're employing to try and protect their assets, few can offer insightful solutions that have solid financial reasoning behind them.

      Solid financial reasoning is that these companies need to either find a new business model or cease trading.

    14. Re:You can't blame them for trying by mpe · · Score: 1

      They have continually faced these types of onslaughts. From monks handwriting manuscripts to the printing press, to the copy machine. Live performance to wax phonographs to LP's to tapes and now digital. With each change in technology the cost of production changed just as dramatically then as it has now.

      What has also been comming down is the cost of distribution combined with the divorce of content from media.

      And the fact that you business will go under doesn't matter one little bit. If the RIAA and all of its studios went out of business today there would still be lots of music to listen to tomorrow.

      The so called "Music Industry" is simply a bunch of middlemen. If this were to happen then new middlement would appear quickly, if they were useful.

    15. Re:You can't blame them for trying by Evil+Schmoo · · Score: 1

      Actually, it's very easy to prove that record business is being hurt -- look at revenue growth and/or profit (as opposed to gross sales, which don't take into account things like inflation). I don't have those figures in front of me, but I know that the RIAA is screaming that sales growth has plummeted; they may be going so far as to say they've lost market share. I can't verify one way or the other, but it's really easy to do.

      And keep in mind, DRM does NOT just apply to the RIAA. It applies equally to movies, OS's, and, the big one, software. Microsoft ain't fighting Bertelsmann AG's fight -- Microsoft is fighting the 90% of Asian-sold PowerPoints that are pirated.

      The big fight with DRM is not 14-yr-olds downloading Vanessa Carlton, it's software pirates stealing intellectual property. The RIAA portion of it, while that stirs up the most emotions and gets the most headlines, is really a smaller part of a much, much larger picture, one that will affect the economic course of the next century. China is beating us at this game, and if we don't figure out how to protect ourselves, we're going to go down, and fast.

      Given that a large portion of /.ers are employed by the software industry, it seems a little masochistic to attack something that may, if implemented gently, in the long run save their jobs.

    16. Re:You can't blame them for trying by sql*kitten · · Score: 1

      The reality is that the techie community has never offered anything beyond "You're rich and I hate you and computers should be outside the law and anyway I'm helping the artists by not paying them."

      You are exactly right. There are some compelling anti-DRM arguments - personally I'm annoyed that one particular anti-copy-protection technique used by CD manufacturers to prevent playing in CD-ROM drives also means they won't play in my stereo. Another is the technique that uses autoplay to install some obnoxious software without your consent. But the fact of the matter is, if it wasn't for all the college kids running Napster in their dorms, these technieus would never have been used in the first place - and the arguments of those people do just boil down to "I want professional musicians to record music without being paid" (just as the GNU camp wants professional software engineers to work without pay).

    17. Re:You can't blame them for trying by MindStalker · · Score: 1

      Actually their only drop was in singles. One year their singles sales dropped like 30 percent. Coinsidently they also released less singles that year, and the economy was doing bad, and singles have been becomming less popular, and oh yea singles are just %1 percent of their overall revenue, infact total revenue is up.
      Of course they were still screaming about it blaming P2p.
      Here a slashdot story about most of it.
      http://slashdot.org/articles/01/02/26/1812213 .shtm l

    18. Re:You can't blame them for trying by RickHunter · · Score: 4, Interesting

      In fact, Hollywood was founded on gross "piracy" and infringement of "intellectual property" of New York film studios and foreign content creators.

    19. Re:You can't blame them for trying by tanguyr · · Score: 1

      personally I'm annoyed that one particular anti-copy-protection technique used by CD manufacturers to prevent playing in CD-ROM drives also means they won't play in my stereo

      Ironically, i find that you can always copy the disk anyways. So now we have copy-protected disks that won't play on your stereo (usually your car stereo) so you have to make a copy... that plays just fine.

      --
      #!/usr/bin/english
    20. Re:You can't blame them for trying by poofyhairguy82 · · Score: 1
      The reality is that the techie community has never offered anything beyond "You're rich and I hate you and computers should be outside the law and anyway I'm helping the artists by not paying them.".

      Maybe because we are wise and we have seen the RIAA as a dead man walking for five years. .

      Here is some solutions for them: .

      a. shrink the recording company's size to handle the new market.

      b. quit the new market and find a new way to make living (many nerds did this recently, its a fact of life) .

      c.-my favorite- drop out of production and distribution and become glorified PR machines for artists.

      See, the thing is that we nerds have no sympathy for a business dinosaur thats thrashing around after the asteroid hit. Just like the version of our kind at the turn of the last century had little sympathy for the buggy whip maker that got put out of business with the invention of the car.

      The option:

      d. use the legal system and a paid for congress to prevent the new technology from taking over their market share.

      is not a reasonable one for geeks cause to many things get knocked out of whack with new laws controlling copyright.

      If we nerds seem like we aren't offering any good suggestions, its cause we are waiting for the record companies to roll over and die.

    21. Re:You can't blame them for trying by mugnyte · · Score: 1


      It's worth exactly $0 because you don't own it. You are essentially renting the content on a single machine for a specified time: until that machine is obselete.

    22. Re:You can't blame them for trying by dmaxwell · · Score: 1

      Techies also hold the functionality of their tools very dear. Something thats simple, elegant, and works every time will move damn near all of us to tears*. Now we have a group of ham fisted jack booted bastards who want to fuck up our tools for a few extra pennies. The really sad thing is that whatever elegance our tools have will be completely buried under layers of DRM cruft and it still won't work. People will still find ways to copy their precious "content".

      "They" will succeed in driving this industry (which BTW is way more money than the "content" industry) back into the garage and underground. 10 years from now we'll be trying to figure out how to make home clean rooms and chip fabs. There'll be little dishes and laser transmitters all over the place. We'll have to rebuild the network and the BBSes from the ground up too. And when they can't figure out how to make their crufted up DRM shit function anymore because they've beaten sharp knives into useless blugeons who are they going to turn to? I'll have a nice gesture waiting for them.

      * I don't agree with the author's view of Unix but this is otherwise dead on.

    23. Re:You can't blame them for trying by BillyBlaze · · Score: 1
      We all just seem to assume that if you offered your property for $1/track, that piracy would vanish. Well, they took us up on that challenge, and piracy hasn't vanished.

      Actually, I assume that if they offered their music for $1/track with abso-fucking-lutely no DRM then piracy would be drastically reduced. They haven't done that yet.

    24. Re:You can't blame them for trying by AdrainB · · Score: 1

      You can just as easily blame corporate radio for the lack of CD sales. They play about 5% of the music that's available and in heavy rotation. Most people have no exposure to 95% of the music produced. If I ever win the Powerball I'm going to buy a radio station and never play the same song twice in a 24 hour period!

    25. Re:You can't blame them for trying by mrchaotica · · Score: 1
      We'll have to rebuild the network and the BBSes from the ground up too.
      Actually, I'm hoping for Wi-Fi - I imagine individuals installing wireless routers and repeaters in their houses, and relaying the signal (in the kind of decentralized grid the Internet was really supposed to be).

      Of course, considering they way things are going with the DMCA and whatnot, it might be a good idea to develop the technology and network now, rather than waiting for the shit to really hit the fan (i.e. hardware DRM) - we want the alternative to be already in place by then.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    26. Re:You can't blame them for trying by WNight · · Score: 1

      Would piracy stop overnight even if *the* perfect solution was found, or would it take time for people to realize that kazaa was no longer the easiest solution?

      But, what's really important is loss. Have the labels *ever* shown proof of a loss due to piracy? They claim that every copy of every song in existance would have been bought at full price but I know it's a lie. I grabbed a friend's MP3 collection for the trance/techno stuff and also got a bunch of pop music like BSpears which I'd have never paid for, but I simply haven't bothered to sort through and delete yet.

      IMHO, once the interface and the convenience of the online stores gets to the point where it's easier to use than downloading a bunch of badly named rips, most of which I won't want, I'll go for it. But I'm not paying $1+ per track to discover I don't like it.

      Yes, I realize that the "right" thing to do is not listen to the music, but I don't think anyone wants that. Artists want money, and to share their music, and I want to hear that music. I'll spend money to do so, but only if the overall process isn't painful. If you prevent my listening to music without paying first (no free trial) I simply won't buy anything. Crack down too much and you'll find that nobody is willing to buy.

    27. Re:You can't blame them for trying by WNight · · Score: 1

      Is there a "we" who have presented a hypocritical view? I have not.

      I always said they should go after the offenders, not the creators or innocent users of the P2P systems.

      When they started cracking down on the offending users my only complaints were that their scare tactics (like DirectTV) harmed the innocent and violated the privacy of innocent users, as well as punishing people beyond reason to deter others.

      I really think the government should simply step in and try to enforce copyright. If we want consistent application of the laws we shouldn't expect companies to hire mercenaries to do it. If we, as a society, believe copyright is useful, we should help enforce it, and at the same time, keep the RIAA companies from going on a rampage.

  8. DRM has a bad name... by mOoZik · · Score: 2, Interesting

    So don't be surprised if some companies take htr same concept, put a less 1984-esque label on it, and market it successfully to people. DRM is here to stay, in one form or another, and for better or worse.

    1. Re:DRM has a bad name... by AKnightCowboy · · Score: 1
      So don't be surprised if some companies take htr same concept, put a less 1984-esque label on it, and market it successfully to people. DRM is here to stay, in one form or another, and for better or worse.

      How about Liberty Management Technology, or LMT? Nobody would be stupid enough to argue against Liberty!!

    2. Re:DRM has a bad name... by Timesprout · · Score: 1

      I agree. The article makes some interesting points but a fact remains. There is a problem will illegal copying and it must be addressed in some way, shape or form and the obvious solution is DRM. /. may hate the big studios, the record companies and big software houses but at the end of they day they invest large amounts of money in producing content for which they are entitled to expect at least some level of protection especially given how ridiculously easy it is to copy and redistribute digital material these days.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    3. Re:DRM has a bad name... by mOoZik · · Score: 1

      Or "AT THEM" - "Anti-Terrorism Multimedia Management."

    4. Re:DRM has a bad name... by makomk · · Score: 1
      at the end of they day they invest large amounts of money in producing^D^D^D^D advertising and promoting content for which they are entitled to expect at least some level of protection

      Unless, of course, you're talking about the small independant labels, though I doubt it. Actually, even they don't spend that much money producing content, though they dont get much income either, so...

      Anyway, remember, it's less risky to make identikit bands which you know will sell than to take a risk with new bands. And if one of the independants takes a risk on an artist and they succeed, well, just buy them up. You can afford it, and mant independants are too cash-strapped to refuse.

      Oops, cynicism overflow...

    5. Re:DRM has a bad name... by Anonymous Coward · · Score: 0

      So don't be surprised if some companies take htr same concept, put a less 1984-esque label on it, and market it successfully to people. DRM is here to stay, in one form or another, and for better or worse.

      Like "Magic Gate", for example?
      Nope, can't imagine a company coming up with a piece of evil newspeak like that..

    6. Re:DRM has a bad name... by maxpublic · · Score: 1

      DRM is here to stay, in one form or another, and for better or worse.

      I'm sure that buggy whip manufacturers said the same thing about their product.

      DRM is part of a desperate, and ultimately futile, attempt to maintain a 20th century business model in the 21st century. DRM is doomed, and anyone with half a brain can see that.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    7. Re:DRM has a bad name... by curne · · Score: 1

      DRM is here to stay, in one form or another, and for better or worse

      DRM will only make it as long as people pay enough for it. As soon as people grew weary or MS/Apple/Sony find better business models, Digital R(estriction/ights) Management will drop away. It's all about the money.

      --
      All interpreted languages are abstractions over Lisp
    8. Re:DRM has a bad name... by Dun+Malg · · Score: 1
      Or "AT THEM" - "Anti-Terrorism Multimedia Management."

      Ranier Wolfcastle: "Up and AT THEM!"
      Director: "No no no...up and ATOM!"
      RW: "Up and AT THEM!"
      D: "Up and ATOM!"
      RW: "Up and AT THEM!"

      --
      If a job's not worth doing, it's not worth doing right.
    9. Re:DRM has a bad name... by Lodragandraoidh · · Score: 1

      Once people reach the 'I am mad as hell, and aren't going to take it anymore' threshold, then we will see a sea change.

      In the meantime, the geeks and technologists will be building and using the tools that will launch a new round of megacorporations; those that stand by DRM will soon lose market share - and many will die (I am hoping MS is one of these - but the frugal saving of their ill-gotten profiteering monies will probably save them).

      The pendulum swings...

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    10. Re:DRM has a bad name... by Anonymous Coward · · Score: 0

      The RIAA claims there is a problem with illegal copying. They have not demonstrated that such a problem exists.

      Does illegal copying exist? Sure. Does it constitute a problem?

      That's less clear. Copying has gone up and record company revenue has gone down. If those were the only elements in the mix, it might be reasonable to tie them together. But there are other factors. Music industry productivity has dropped -- there is less music being produced, and the quality of that music is arguably lower. See the David Crosby, et al article from a few weeks back. I'm not going to say most of the music being produced sucks (even if it does), but much of it is of poorer quality.

      Large sums of money to produce it? Heh. They front the artists money to produce it, but the artists have to pay all that back, and the record companies then lie to the artists about how much has been made. A more important part of the record company's job is to promote it, but unless the artist is already a superstar, no effort is actually made to promote anything.

      Record sales have dropped, but it's a real stretch to claim that drop is due to anything other than the record companies' own dereliction of duty.

      For most bands, file trading is not only the most effective promotion their music gets, it's pretty much the only promotion it gets. That is what sells records.

  9. Or maybe happily? by Anonymous Coward · · Score: 0

    Think about it

    1. Re:Or maybe happily? by Rick+the+Red · · Score: 2, Insightful
      I have thought about it. If Microsoft gets their way (which may happen -- don't bet against them) all the open-source code in the world will be of no value, at least in the USA.

      Worst case scenario (which happens to be the best case scenario for Microsoft, and also for Disney and Dell and the rest, which is why it may happen): You're running Linux (or Windows XP) and using Thunderbird and OOo (or Office XP), and someone (your brother, your boss, whoever) emails you a document. You try to read it, but it's a Word 18 (or whatever version) document, and it's got DRM enabled (by default) so your softwear can't read it. So you email the sender and ask that they bother to save a copy without DRM. Except you don't use Outlook 23 (or whatever), so you don't send a DRM-enabled email, so their Outlook 23 rejects it as spam and they never get your email.

      Here's the weird part. By switching to Longhorn and the whole DRM-enabled Office suite, that person has effectively cut themselves off from the rest of the world, yet they will frame the debate in terms that paint the rest of the world (including you) as spam-enabling, copyright-infringing luddites. That spam-enabling copyright-infringing arguement (plus a few billion in campaign contributions) will buy legislation that mandates DRM for all internet transactions, including email and simple file transfers. Just because you own the copyright on that letter to Aunt Millie doesn't give you the right to send it in plaintext! If you're really the copyright holder you should have no problem producing a DRM-enabled copy that can be legally sent to Aunt Millie, and she should have no problem with the idea of buying a new Dell just so she can run Longhorn, which is required for Office 34, simply to read your email.

      Hey, I did say "worst-case scenario." But it could happen. Open source code could become illegal in the USA, simply because open source code can't deliver DRM and meet the DMCA at the same time, and the richest, most powerful company in the world is trying to make this happen, with the help of a lot of their Fortune 500 friends. In this scenario, Apple will be lucky to be allowed to use the DRM required by law. (IANAL, but I believe if the law requires you to infringe a patent then you must either negotiate a pantent royalty or get out of that business, and you'd better believe Microsoft's DRM will have patent protection, much to Apple's dismay)

      Cory doesn't get it -- Microsoft is counting on DRM to drive Longhorn sales, because without DRM there's no reason for anyone to move from XP to Longhorn. I doubt anyone with the authority to change this policy was in that room. You'll note that Microsoft has repeatedly said their DRM-enabled applications will only run on Longhorn and will not be back-ported to XP.

      I rest my case, and I pray I'm wrong.

      --
      If all this should have a reason, we would be the last to know.
  10. Nothing new here... by skyryder12 · · Score: 4, Insightful

    Actually, it seems to be a re-hash of eveything we have known that is evil about DRM for the last few years, just all prettied up and in the same place. I despair that these arguments have much worth, particularly when you are talking to a corporate entity that has twice been convicted of monopolistic practices. It seems naive to me to even expect to be able to make such a difference. Since I live in the U$A, I know, no matter what the rhetoric, that it all comes down to money in the end. They will take a buck from anyone and anywhere that they can, and of course genetically they subliminally support the monopolistic practices of others. Computing literacy will be the next dividing line between rich and poor......

    1. Re:Nothing new here... by gclef · · Score: 2, Insightful

      Actually, that's his whole argument at the end: you guys [Microsoft] can beat any copyright lawsuits...heck, copyright lawyers are nothing to the anti-trust folks, and you beat them. Forget what the lawyers are saying and make the product your customers want.

      He's actually appealing to the money-making side of Microsoft, to get them to make a product that will sell. I suspect that this is about the only tack that has any chance of succeeding at a place like MS.

    2. Re:Nothing new here... by Charles+Dart · · Score: 1

      Cory is a writer trying to reach a wider audience. Don't critisize his work because you aready know about it.

      It doesn't always come down to money. Cory making his work available online for free is a shining example of how the system could work in the future.

      lighten up would ya.

    3. Re:Nothing new here... by irokie · · Score: 1

      no, he's being very smart about it... he's appealing to microsoft's monopolist tendencies! he's saying to them that if you make a player that plays everything and anything, then the world will beat a path to your door.
      which is exactly the sort of thing that microsoft enjoy...
      and if microsoft chuck out this DRM shite then that must show it has now worth, right?

      --
      and if you see me strut, remind me of what left this outlaw torn...
    4. Re:Nothing new here... by Hatta · · Score: 1

      Indeed. I was hoping this would be something I could give to non-technical friends who buy music but get that glazed over look when you start mentioning acronyms. But he doesn't even define DRM, and anyway using the word "g0nez0rd" is enough to put most people off. Good arguments, but he's preaching to the choir.

      --
      Give me Classic Slashdot or give me death!
    5. Re:Nothing new here... by mrchaotica · · Score: 1

      Actually, in the end, it doesn't come down to money. What does it come down to? I'll give you a hint: read the 2nd Amendment, and this quote by Thomas Jefferson.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:Nothing new here... by CaptKilljoy · · Score: 1

      Dead on. MS is taking on Sony in the console wars despite incredible odds because they smelled money; there's no reason to doubt they'd do the same against DRM if there was a buck in it.

      However, Cory completely failed to make his case. The options are:
      1) Get paid by people who want DRM to build a DRM solution, futile or not.
      2) Develop a (carefully unspecified) something that will help the flow of information that's sufficiently more exciting than "cp X Y" that people will pay for.

      If I were a money-grubbing bastard (99.9% of successful businesspeople.), I know which I'd take.

  11. that didn't take long by advocate_one · · Score: 1

    slashdotted with only nine posts in this article... did anyone get it mirrored???

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    1. Re:that didn't take long by aixou · · Score: 1

      Hopefully all the insightful and interesting posts will come soon.. from those that are actually Reading TFA now. :)

    2. Re:that didn't take long by Anonymous Coward · · Score: 0

      Seems to be loading fine for me. It's a large text file, but I could try to post it if others are having trouble too...

    3. Re:that didn't take long by Tin+Foil+Hat · · Score: 1

      Yep, sure did.

      HTML formatted mirror

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
  12. Not a mirror, just a summary by Anonymous Coward · · Score: 0

    DRM sucks. Companies are evil. Microsoft is evil.

    Information wants to be free.

    DRM really sucks.

  13. But what if they do have the right? by Anonymous Coward · · Score: 0

    Think about it!

  14. My favorite quote: by Anonymous Coward · · Score: 2, Funny

    "DRM turns computers against their owners. I don't want a Disney security guard sitting in my living room watching my every move." -- Ian Clarke

  15. Doctorow by arvindn · · Score: 3, Informative

    In case you don't know, Doctorow is the author of Down and Out in the Magic Kingdom (available for free), a great book which explores a sort of utopian future where the economy is no longer scarcity based and reputation is everything. Interestingly, if there's anything that's sure to kill any chance of our transitioning to an abundance-based society, it's DRM.

  16. Full Article Text by ravydavygravy · · Score: 2, Interesting

    Microsoft Research DRM talk

    Cory Doctorow

    cory@eff.org

    June 17, 2004

    --

    This text is dedicated to the public domain, using a Creative Commons public domain dedication:

    > Copyright-Only Dedication (based on United States law)
    >
    > The person or persons who have associated their work with this
    > document (the "Dedicator") hereby dedicate the entire copyright
    > in the work of authorship identified below (the "Work") to the
    > public domain.
    >
    > Dedicator makes this dedication for the benefit of the public at
    > large and to the detriment of Dedicator's heirs and successors.
    > Dedicator intends this dedication to be an overt act of
    > relinquishment in perpetuity of all present and future rights
    > under copyright law, whether vested or contingent, in the Work.
    > Dedicator understands that such relinquishment of all rights
    > includes the relinquishment of all rights to enforce (by lawsuit
    > or otherwise) those copyrights in the Work.
    >
    > Dedicator recognizes that, once placed in the public domain, the
    > Work may be freely reproduced, distributed, transmitted, used,
    > modified, built upon, or otherwise exploited by anyone for any
    > purpose, commercial or non-commercial, and in any way, including
    > by methods that have not yet been invented or conceived.

    --

    Greetings fellow pirates! Arrrrr!

    I'm here today to talk to you about copyright, technology and DRM, I work for the Electronic Frontier Foundation on copyright stuff (mostly), and I live in London. I'm not a lawyer -- I'm a kind of mouthpiece/activist type, though occasionally they shave me and stuff me into my Bar Mitzvah suit and send me to a standards body or the UN to stir up trouble. I spend about three
    weeks a month on the road doing completely weird stuff like going to Microsoft to talk about DRM.

    I lead a double life: I'm also a science fiction writer. That means I've got a dog in this fight, because I've been dreaming of making my living from writing since I was 12 years old. Admittedly, my IP-based biz isn't as big as yours, but I guarantee you that it's every bit as important to me as yours is to you.

    Here's what I'm here to convince you of:

    1. That DRM systems don't work

    2. That DRM systems are bad for society

    3. That DRM systems are bad for business

    4. That DRM systems are bad for artists

    5. That DRM is a bad business-move for MSFT

    It's a big brief, this talk. Microsoft has sunk a lot of capital into DRM systems, and spent a lot of time sending folks like Martha and Brian and Peter around to various smoke-filled rooms to make sure that Microsoft DRM finds a hospitable home in the future world. Companies like Microsoft steer like old Buicks, and this issue has a lot of forward momentum that will be hard to soak up without driving the engine block back into the driver's compartment. At best I think that Microsoft might convert some of that momentum on DRM into angular momentum, and in so doing, save
    all our asses.

    Let's dive into it.

    --

    1. DRM systems don't work

    This bit breaks down into two parts:

    1. A quick refresher course in crypto theory

    2. Applying that to DRM

    Cryptography -- secret writing -- is the practice of keeping secrets. It involves three parties: a sender, a receiver and an attacker (actually, there can be more attackers, senders and recipients, but let's keep this simple). We usually call these people Alice, Bob and Carol.

    Let's say we're in the days of the Caesar, the Gallic War. You need to send messages back and forth to your generals, and you'd prefer that the enemy doesn't get hold of them. You can rely on the idea that anyone who intercepts your message is probably illiterate, but that's a tough bet to stake your empire on. You can put your messages into the hands of reliable messengers who'll chew them up and swallow them

  17. Strange.. by chewy_2000 · · Score: 1
    I have to say the article is written in a fairly strange style - I can't say something like

    Companies like Microsoft steer like old Buicks, and this issue has a lot of forward momentum that will be hard to soak up without driving the engine block back into the driver's compartment.

    really ads much to his argument or is likely to MS to dump DRM or anything. Don't get me wrong, I'm all for papers written in a readable manner, but this guy just seems a bit off the mark.

    1. Re:Strange.. by chewy_2000 · · Score: 1
      Sorry to reply to my own post, but just thought I'd clarify-

      I'm not trying to troll or anything, and I'm all for the message, but it seems to me his prose could be a bit better if he wants people to notice the message. Just a bit of constructive criticism.

    2. Re:Strange.. by jm1973 · · Score: 1

      The transcript is not of an article, it's of a talk. It was not meant to be "readable", although it is, it was meant to be "listenable", not dry and paper-like.

    3. Re:Strange.. by chewy_2000 · · Score: 1

      Whatever, that's just pedantry. My general comments about style stand.

    4. Re:Strange.. by Secrity · · Score: 1, Funny

      If you have ever driven an old Buick and observed the momentum of MS you would know that his anology is reasonably accurate. One possible nit is that technically you would not be driving the engine block back into the driver's compartment, you would be wrapping the driver's compartment around the engine.

    5. Re:Strange.. by MunchMunch · · Score: 2, Insightful
      I have to say the article is written in a fairly strange style - I can't say something like

      Companies like Microsoft steer like old Buicks, and this issue has a lot of forward momentum that will be hard to soak up without driving the engine block back into the driver's compartment.

      really ads much to his argument or is likely to MS to dump DRM or anything. Don't get me wrong, I'm all for papers written in a readable manner, but this guy just seems a bit off the mark.

      I imagined I was sitting in a room full of smart-but-skeptical Microsoft employees and it sounded just fine to me. These are employees who probably can feel that Buick momentum as software development cycles -- such as for Longhorn with its entirely relevant NGSCB (or whatever it's called now) -- seem to drift from years into decades. The metaphor was as straightforward and legitimate of a criticism as I could imagine.

      It's called trustbuilding, and Cory Doctorow seems to be doing it about as well as I'd imagine anyone would in that situation. I think he walks the light-but-incisive line pretty well.

    6. Re:Strange.. by Dr.Enormous · · Score: 1

      Except that a talk and a paper are different beasts entirely. You add in little bits of flair like that, and people pay attention. Leave them out, and people fall asleep no matter how interesting your subject matter is.

      It's fine to leave them out of a paper, because readers can always just go do something else for a while then come back.

    7. Re:Strange.. by jm1973 · · Score: 1

      that's the point I was going for, but obviously wrote too fast. thanks for helping! :)

  18. Persuit of DRM policy by fatgeekuk · · Score: 2, Interesting

    DRM is not something that Microsoft is trying to promote because it wants to safeguard hollywood content.

    It is a technology they are trying to force on everyone because it allows them a greater level of control over their market, and they are using the Hollywood lobby to push their own agenda.

    As such, Corys talk can be used to unmask their real plans by debunking the "spin"

    In the end it does not matter, turing will out!

    what happens when Moores Law cranks a couple of more notches and we can use MS Excel as a media player by scripting it with VBA?

    Where is your DRM then...

    1. Re:Persuit of DRM policy by SquareOfS · · Score: 4, Insightful

      Actually, I think what Cory was trying to convince them of is that they're being suckered into defending a business model they're not invested in -- namely, the Hollywood/RIAA model. (And, as a side note, that given the option between defending a dying business model and developing a new one, the new one is almost always the better bet.)

      His point is that Microsoft, like Sony with VCR, has no incentive to make a less capable tool.

      DRM should be seen, from Microsoft's perspective, as a Linux/free software incentive program: if you build deliberately crippled tooks, you give your users reason to walk away from them.

      And Microsoft has (or should have) far more interest in retaining the userbase than it does in
      receiving micropayments every time somebody plays a song on a DRM'd system.

      It also bears pointing out, of course, that there is a version of events in which DRM is a winner for Microsoft -- it's the version where we posit strict legal enforcement of restrictions on the right to create new digital technology and innovation is never allowed to outstrip DRM. Setting aside for the moment the moral arguments against that, Cory points out that history suggests that betting on the 1984 vision of DRM and computers is pretty long odds.

    2. Re:Persuit of DRM policy by fatgeekuk · · Score: 1

      They don't even need that.

      All they need to to force through the principle that all software must be signed with an authenticated signature.

      then, when someone puts the install disk for redhat into a system to install it they get "executable not authenticated, push off".

      No user experience, nothing.

      they have been moving in this direction at WINHEC for ages... one small step at a time.

      And if they can use the RIAA/MPAA as the scapegoat for locking everyone else out of their hardware, then so much the better.

      Even if redhat gets an authentication key, you will never again be able to compile your own apps.

      so there goes most OSS development. the barrier for entry will be just that little bit too high.

      The sad thing is that microsoft and all other software vendors have been able to grow and prosper using the staff who learned programming at home themselves, but it looks like they are pushing for a situation where the only people allowed to program will have to have licenses and be taught only in formal schools.

      It will severely curtail the rate of innovation and higher the cost of staff.

    3. Re:Persuit of DRM policy by Anonymous Coward · · Score: 0

      Thought of what the record industry can do with that if they hold the keys?

      "Sorry man, but we can't have non-signed artists spreading their music around the web like it's free. So just sign away your rights on this paper here and all will be well and good"

      Basically we'll get a situation like in Terry Pratchett's Discworld novels where the Musicians' Guild controls who are allowed to play music. Those who aren't members of the guild will be punished. Of course, it costs money to join.

    4. Re:Persuit of DRM policy by Thanster · · Score: 1

      "if you build deliberately crippled tooks" I will charge you with halfling cruelty!

    5. Re:Persuit of DRM policy by SquareOfS · · Score: 1

      I was waiting for someone to catch that typo. My apologies to Pippin.

  19. Do people really want to copy DVDs? by 91degrees · · Score: 1, Insightful

    How many people want to make a copy of anything?

    To protect your Toy Story Disc from damage by children, you put it in a a safe place, and make them ask you for it before they watch it.

    If the blind wanbt to read a book, then, yes there may be a problem with anticircumvention technology. I agree this is somethign that should be addressed, but how many of you would be happy if there was an exception in the DMCA solley for circumventing copy protection to allow the disabled to access a work? Would this make it a good law?

    People keep bringing up the case of Jon Johansen, and Dmitri Skryalov. They neglect to mention that both of them were found totally innocent, and in the makers of the garage door openers lost their case. Okay, so the law is badly worded to allow these actions in the first place, but we now have soem case law that explicitely spells out the exceptions.

    Then there are the limits on audio copying. Well, yes, there are limits, but you are able to copy a CD to a cassette for the car, copy iTunes onto a CD, and on a number of other machines, and that is more than adequate for most people.

    And just about nobody wants to build their own TV or DVD player!

    The fact is, DRM and the DMCA rarely prevent people from doing anything they actually want to do. If you tyhink they're bad, then you need to come up with some reasons that are more convincing than these.

    1. Re:Do people really want to copy DVDs? by 0123456 · · Score: 2, Insightful

      "To protect your Toy Story Disc from damage by children, you put it in a a safe place, and make them ask you for it before they watch it."

      There speaks someone who's never had kids.

      "They neglect to mention that both of them were found totally innocent, and in the makers of the garage door openers lost their case."

      LOL... yes, because there's no cost to anyone from being jailed for a month, or having a criminal lawsuit hanging over your head for years.

      And yes, I for one most certainly do want to copy my DVDs. I've paid for several hundred DVDs, and just like CDs they're a huge pain in the ass to store and catalog... just finding the disk I'm looking for can take five minutes. I want to be able to rip every single one of those disks onto a my hard drive and have them there ready to play any time I want.

      Why shouldn't I, when I've already paid for the DVDs? What is so horrid about the idea that a customer might avoid having to spend five minutes faffing around looking for a particular movie? Companies that want my money should be making this kind of convenience easy, not hard.

    2. Re:Do people really want to copy DVDs? by Flyboy+Connor · · Score: 1
      How many people want to make a copy of anything? To protect your Toy Story Disc from damage by children, you put it in a a safe place, and make them ask you for it before they watch it.

      I own about a thousand, legally bought DVDs. They take up three bookcases. As soon as diskspace on my computer becomes large enough to store them all there, and there is an easy application to do it for me, I will have quickly freed up my bookshelves. I can use them for books, which unfortunately are not so easily copied.

      It is the same with CDs. I don't use the coasters anymore, I always play off my hard disk.

      And just about nobody wants to build their own TV or DVD player!

      There's no need for that. As Doctorow points out, if the big companies make TVs and DVD players that restrict your usage, a small company will make a version that does not have those restrictions, and will grow big in the process. Usually, their goods will be much cheaper too. My region-free DVD players cost a lot less than those from Sony and Philips.

      The fact is, DRM and the DMCA rarely prevent people from doing anything they actually want to do. If you tyhink they're bad, then you need to come up with some reasons that are more convincing than these.

      True, DRM and DMCA don't prevent people from circumventing them. That's why they are useless. Except as a pit to dump lots of money and in-vain research in. And there is still the big problem that, by circumventing them, you are doing something illegal, which makes you liable for prosecution, while, morally speaking, you are as innocent as a newborn baby.

    3. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      There speaks someone who's never had kids

      Why is this so hard?

      LOL... yes, because there's no cost to anyone from being jailed for a month, or having a criminal lawsuit hanging over your head for years.

      This is a failing of the criminal justice system. If it appears that you broke into a computer system, you will suffer the same way. Should we remove computer crimes from the statute books?

      And yes, I for one most certainly do want to copy my DVDs. I've paid for several hundred DVDs, and just like CDs they're a huge pain in the ass to store and catalog... just finding the disk I'm looking for can take five minutes.

      Really. Well, bully for you. I don't. None of my friends want to do this. Mostpeople I know don't want to watch a DVD on their PC. Youre an exception. You're not going to get a lot of people on your side when you patiently explain to them they're not allowed to do something they didn't want to do in the first place.

      Why shouldn't I, when I've already paid for the DVDs? What is so horrid about the idea that a customer might avoid having to spend five minutes faffing around looking for a particular movie? Companies that want my money should be making this kind of convenience easy, not hard.

      You should be allowed to. But if you want to be allowed to You need to come up with some better reasons than these

    4. Re:Do people really want to copy DVDs? by Anonymous+Writer · · Score: 1

      People keep bringing up the case of Jon Johansen, and Dmitri Skryalov. They neglect to mention that both of them were found totally innocent

      Yes, after being harassed for years in Johansen's case, being dragged through the courts, accumulating legal expenses, jailtime in Skryalov's case, and basically getting the shit kicked out of them by a cartel practising "legal" extortion tactics through the use of inexhaustible funding. It doesn't matter that they were found innocent- the ordeal they each had to go through was a sentence in itself. Neither of these cases has changed those practises; people would still rather settle by pleading guilty and paying fines rather than legally challenging organisations like the RIAA. People shouldn't have to be forced into pleading guilty or enduring lengthy court battles just because of the prosecution's wealth. Johansen was a minor for Christ's sake.

    5. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      Yes... This is a problem with the legal system. Not with DRM!

    6. Re:Do people really want to copy DVDs? by Xian97 · · Score: 1

      To protect your Toy Story Disc from damage by children, you put it in a a safe place, and make them ask you for it before they watch it.

      That's a nice theory but doesn't work in practice. Children will find a way. Case in point, I followed those procedures with my Playstation 2 games. One day a friend was over and while I was out of the room he gets a game down off the shelf to look at the cover art or manual and places it on the coffee table. In a matter of minutes the toddler is attracted to the bright, shiny packaging and the even brighter, shinier game DVD inside. Within seconds a $50 disk is scratched and unplayable in spite of all the precautions I had taken.

    7. Re:Do people really want to copy DVDs? by nyquility · · Score: 1

      What is so horrid about the idea that a customer might avoid having to spend five minutes faffing around looking for a particular movie?

      Because you are a criminal at heart, we all are. First chance you get you are going to take that digital copy and make it available on Teh eBil 1n74n37...
      Only the people they let into those swish Hollywood parties are honest, the rest of us are thiefs and vagabonds, who would sooner shoot a "poor" filmstar/studio exec in the eye than pay for DVDs/CDs.

    8. Re:Do people really want to copy DVDs? by Quebec · · Score: 1

      1994, college student project: Someone I know with some of her co-students wanted to collate scenes from a variety of movies for their project. They took the whole night choosing and noting the timings of all the scenes they wanted to add but duh!... because of MacroVision, they couldn't use about half of the scenes, it basically messed their timing real bad with the music they chosed. They called me for help cause I was a tech who know howto edit movies, but when I got to their studios I couldn't get my hand on a Macrovision circumventing device at the time, it was physically impossible.

      Those kids were denied their right to express themselves the way they wanted. All that was in the way was that stoopid corporative waste byproduct, the DRM technology.

    9. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      I'm not convinced. I'm an aaverage consumer, ane therefore assume everyone wants to use the product in exactly the same way as me. Why should the law be changed for these two to produce something I'm never going to see?

      Appeal to my selfishness. Not be good intentions.

    10. Re:Do people really want to copy DVDs? by Anonymous Coward · · Score: 0

      are you really that stupid? many MANY times I get asked how somone can put music they bought on a MP# player they also bought. how dare they! they should be using the CD instead of that silly Thief tool called the iPod.

      as for DVD's.. I have seen a few mpeg4 players the size of a dvd player at compusa.. these are the next wave of portable coolness... and people will wantto put their DVD's on those damned right stealers!@

    11. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      are you really that stupid? many MANY times I get asked how somone can put music they bought on a MP# player they also bought. how dare they! they should be using the CD instead of that silly Thief tool called the iPod.

      Well done on completely and utterly missing the entire point of my argument.

    12. Re:Do people really want to copy DVDs? by Artifakt · · Score: 1

      I know a woman who is raising an autistic kid. The child likes to watch video tapes by finding a favorite part of the tape, and then replaying the 30 second sound or image that has caught his attention 100 times or more, with the volume cranked up, up, up. Her comment on this is, "I can leave the room to do the dishes, and I know when he stops standing right in front of the VCR. It's worth putting up with the noise if he stops hitting himself."
      Ths child can't speak and took five years to toilet train, and may sometimes forget to eat if not occasionally force fed, but every DVD has to be locked away or he finds them, and usually scratches them.
      The DVD player has to be locked away when not used for copying because he knows how to hook it up and use it if not. They tried just pulling the cables and locking them up, but the first time they left daddy's den unlocked, he took some off of daddy's PC speakers and figured out where they went.
      Sometimes he bashes the hell out of a VCR, or eats the buttons. Other times he somehow manages to get one he broke running again. Let him loose with a screwdriver (closely watched), and he may attempt to take the electrical outlets apart and possibly lick them, or he may repair some fan or alarm clock, or try to jimmy a lock with it.
      Unfortunately, it isn't safe to leave him unattended dissassembling and repairing an old washing machine motor over and over, as, although he may do it for an hour or two, sometimes he gets a new idea, and it usually involves the cat.
      Since this child is not blind, he does not constitute a special case in copyright law. When his mother makes five or ten back ups of a DVD he really likes and lets him wear them out at the rate of 1 every few days, she is probably breaking some law or other. In rigging a way to copy a DRMed DVD to tape, she may be breaking more. Now what would you recommend the law do in this case?

      --
      Who is John Cabal?
    13. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      So, you would contend that copyright law should be changed because a person finds it interferes with her ability to control her son?

      I can see how it could be a problem for her, but these rare exceptional cases are not enough to convince the average person that copyright law should be changed

    14. Re:Do people really want to copy DVDs? by Wylfing · · Score: 1
      To protect your Toy Story Disc from damage by children, you put it in a a safe place, and make them ask you for it before they watch it.

      You clearly don't know what small children are like. Unless this "safe place" you speak of has fingerprint-secured magnetic bolts, the children will observe you, learn how to get the DVD, and jamsmear it. There's no stopping the destructive tenacity of a three-year-old.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    15. Re:Do people really want to copy DVDs? by Air-conditioned+cowh · · Score: 1

      "And just about nobody wants to build their own TV or DVD player!"

      It only takes a small team of designers to make a product that sells in telephone-digit numbers. If there is no way for future electronic designers to learn their trade by hacking whatever appliances they can get their hands on when they are kids then you may find that those type of appliances only ever seem to come from overseas companies.

      Some minority interests are worth protecting.

    16. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      They'll do that to the original even if you do make a copy

    17. Re:Do people really want to copy DVDs? by phats+garage · · Score: 1

      If you don't mind having temporary access to drm'ed media then I'd have to say that drm isn't that bad. Unfortunately, non drm'ed media still has too many advantages, such as much longer availability. The trick is to eliminate non drm'ed media so that the consumer only has drm media to choose from.

    18. Re:Do people really want to copy DVDs? by Artifakt · · Score: 1

      I tend to agree, and in fact I'm not real thrilled with some cases where the written law did bend over backwards to take in the rare exception, as juries and such are supposed to already have some ways to do that.
      With that said, though, I'd like to point out that even common exceptions often don't affect the law or the opinions of the average person. Would the federal government have hesitated to go after the doctors involved in Califoria's medical marajuana program if it was even more widespread? There were tens of thousands of people directly involved in that particular exception, and the fact that a whole large state government disagreed with federal law doesn't seem to have had much impact on peoples opinions elsewhere.
      Let's hope that fixingf the problems with DRM doesn't take getting 280 million US citizens all interested enough to have an opinion, let alone share a common one.

      --
      Who is John Cabal?
    19. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      So, here we have the seed of a much more promising argument.

      It's true. There's no way to be sure that the company you bought the files from will continue to support the DRM, or even to exist. And since there is no profit in it, nobody is going to take over if the company goes bust.

    20. Re:Do people really want to copy DVDs? by malthusan · · Score: 2, Insightful

      Nobody's asking for copyright law to be changed!! All anyone's asking here is for the rights guaranteed and protected by copyright law. DRM is not about copyright -- it's a means for its proponents to get around copyright law. Copyright law says it's perfectly legal for this mother to make copies of her DVDs -- for private use, not for resale. DRM/DMCA says she cannot do this -- she must purchase a new DVD for each one that is destroyed if she wants her son to continue to watch them. In this case, copyright law favors the mother, not the DVD makers. So the DVD makers put DRM on the DVD then use the the DMCA to make it illegal for this person to do what copyright law says is legal for her to do.

      Your framing of this issue as a question of changing copyright law for the benefit of a few "rare exceptional cases" is a red herring. Copyright law is not the issue here because the DRM/DMCA combo has trumped it.

    21. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      Erm.. I'm including the DMCA in copyright law, since it is now part of copyright law.

    22. Re:Do people really want to copy DVDs? by Anonymous Coward · · Score: 0

      Not all small children are little monsters destroying everything in their paths. Not to brag or anything, but I've taught my three-year-old daughter how to handle electronic media, and I've watched her get out one of her games on CD-ROM, hold it carefully by the edge and center hole, open the CD tray, put it in, and play the game all by herself. I don't let her handle my Gamecube discs, though.

    23. Re:Do people really want to copy DVDs? by JaxGator75 · · Score: 1
      And if you cannot ride a bicycle, I suppose that industry and everyone associated with it can go to h3ll? Your "average" nature shows, but it should not hinder others with more ambition, knowledge, skill or drive.

      --
      Come and see the violence inherent in the system!
    24. Re:Do people really want to copy DVDs? by malthusan · · Score: 1

      um....damnit! Point granted. I completely ignored this fact, and I apologize.

      Given that, I'm still curious about how to deal with what I perceive as a contradiction between the rights granted by one part of copyright law (fair use) and the rights denied by another part of copyright law (DMCA). If I purchase a CD/DVD and make a copy for personal use, I'm exercising a right granted by copyright law. If, in order to exercise this right, I must break another part of copyright law (DMCA), then something is wrong with copyright law in general, and it should be changed. Either remove all fair use rights or remove the restrictions imposed by the DMCA. In this case, I know which one I would prefer.

      I purchase quite a bit of music from ITMS, and to this point, I've not run afoul of the DRM. I listen to music on my iPod and my Mac, and that's about it. In this case the DRM is not so restrictive as to prevent me exercising my right of fair use. If, however, I purchase a CD (an actual disk, with liner notes, cover art, jewel box, etc.) which incorporates DRM preventing me from playing it on my computer, then I'm screwed -- I don't own a dedicated CD player anymore. In this case, I've not only lost any fair use rights I might claim but any ability to play the CD at all. Is this acceptable? Is this the intent of copyright law as a whole? Or have I, through no fault of my own, become, in military parlance, a victim of collateral damage, an acceptable loss for the greater good?

    25. Re:Do people really want to copy DVDs? by Steve525 · · Score: 1

      You make a very good point about DRM: As long as people can use a product as they commonly expect to, most people aren't going to get upset about it. (As far as the examples you gave, other people already attacked those, so I let them argue those points).

      Let me turn the above statement around: Most people aren't going to get upset about DRM, as long as it doesn't prevent them from doing something they commonly expect to do. So, why bother? Why go through all this effort of passing new laws (such as the DMCA) and spending all this money on technology that is only going to affect the behaviour of a small number of people?

      The best answer I can come up with is the fear of widespread pirating if consumers are given the power to do so. Ok, that's reasonable, but if this is the goal, then why are most DRM schemes overeaching? Here are some examples: Macrovision (analog copying doesn't lead to widespread pirating), regional coding, inaccesable user options (such as being able to skip the FBI warning). None of these do anything to prevent widespread copying.

      So why do the companies add restrictions that are clearly not there to prevent widespread pirating? As we discussed, these restrictions don't impact many people, so it doesn't change their bottom line a whole lot. I'll leave you to try answer this one. My best answer is because they can. (And if that doesn't have you worried, then I don't know what will).

      This is my problem with DRM and the DMCA. I can understand a desire to protect your products from virtual theft. However, once someone comes up with a way to protect their products, the content producers are like kids in a candy store. Oooh, how about adding regional coding to that, how about pay per view, how about you can only watch the recording once, etc.? None of these restrictions are provided by copyright law. I suppose if they want to sell a product with technology that creates these restrictions, well, it's a free country and I can't prevent them. However, they should not expect to use my tax money to enforce their restrictions (in the form of laws such as the DMCA). If they want to use the law, then they should limit their technology to only what is necessary to prevent actual theft.

    26. Re:Do people really want to copy DVDs? by Steve525 · · Score: 1

      Uhm, I just made another long comment in this thread, but this made me think of something else. Invariably any copy protection scheme is going to limit ones ability to transfer the media to another device. Doing so limits ones ability in unforseen ways. If we couldn't rip CD's easily, would MP3 players be possible? A portable DVD player that works on a more compact (smaller disk) or more energy efficient (hard drive, solid state memory) media could be popular. (The PSP is trying this, but it's going to fail unless they allow you to burn your own movies. No one wants to buy a movie they already own, again). We've got digital TV coming down the pipe, and who knows what the possibilities and restrictions will be for those. I, myself, am thinking about building a PVR out of an old computer. Who knows if that will possible in a few years.

      Tying down our media with restrictions means less inovation, and makes the media less useful. I can't see how anyone can be in favor of this. Yes, your point of view probably does parallel that of the common person better than your average slashdot reader, but I think that view is very short sighted.

    27. Re:Do people really want to copy DVDs? by mrchaotica · · Score: 1
      Most people I know don't want to watch a DVD on their PC.
      What about on my (hypothetical) Media Center PC using a 50" HDTV as its monitor? Or are all these companies lying when they talk about convergence, and how in the future everyone's going to have computerized home theatres?
      You should be allowed to. But if you want to be allowed to You need to come up with some better reasons than these
      How's this for a better reason: The Public Good is more important than the **AA's profit margin!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    28. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      What about on my (hypothetical) Media Center PC using a 50" HDTV as its monitor? Or are all these companies lying when they talk about convergence, and how in the future everyone's going to have computerized home theatres?

      It's a hypothetical PC. It doesn't exist! I don't care what you might do. Are you being prevented from doing anything right now? When this becomes feasable, there will be a DRMed solution to allow you to do this.
      BR> How's this for a better reason: The Public Good is more important than the **AA's profit margin!

      I'm not convinced that the public good is harmed sufficiently.

    29. Re:Do people really want to copy DVDs? by 91degrees · · Score: 1

      And if you cannot ride a bicycle, I suppose that industry and everyone associated with it can go to h3ll?

      If I couldn't ride a bike, I wouldn't be too concerned abpout the cycle industry, or the number of cycle paths. I might have some sympathy if cyclists point out the environmental benefits, or the road safety benefits of bike travel, but why should I care otherwise?

    30. Re:Do people really want to copy DVDs? by Artifakt · · Score: 1

      I'd argue first that it's not a right GRANTED by copyright law, but a right RECOGNIZED. Sadly, that's not a popular interpretation of the constitution these days.

      Second, if you are collateral damage, look who else is. IF DRM affects people's choice of hardware, it will impact such persons as the artritic who wants primarily to choose a device that has easy to press buttons, but has to consider the playback compatability issue first. It will affect the dedicated hiker who wants to carry the lightest gear on a 20 mile trek more than it will the couch potato. It will affect a great many of the disabled, and not just a few like the kid and his mom in my exanple. It will impact people who like a performer enough to seek out recordings of their early work whatever medium they are recorded on, more than the casual fan who listens only to whatever is tops of the charts at the moment.
      What better definition of a bad law is there, than one that selectively targets both some of the best asperations of men and the weak and downtrodden?

      --
      Who is John Cabal?
  20. Bad for artists? Not so. by Anonymous Coward · · Score: 0
    DRM may be bad for those artists who recycle bits of others' works, but it's not bad for the creators of those original works.

    Believe it or not, most serious artists actually want to retain the hope of selling their work and making a living, and believe it or not, but Kazaaification is at odds with that reasonable gold.

    1. Re:Bad for artists? Not so. by mpe · · Score: 2, Insightful

      DRM may be bad for those artists who recycle bits of others' works, but it's not bad for the creators of those original works.

      How is the DRM going to "know" what is and isn't original. e.g. could it be used to ensure that the "artist" has control over what a publisher does with their work?

      Believe it or not, most serious artists actually want to retain the hope of selling their work and making a living,

      The vast majority of those aiming to "make it big" never do so in the first place. There are also plenty of people who don't rely on their music/writing/etc to be their primary/only source of income in the first place.

    2. Re:Bad for artists? Not so. by AdrainB · · Score: 2, Insightful

      The only reason DRM exists is that the record companies are scared (as they should be) that they are eventually going to be out of the loop. One of the major reasons artists sign with record companies is that they have a distribution network that will get their music in stores so they can make money on the sales of said music. With the internet and digital music formats, the artists don't need the record companies anymore and can go direct to the consumer. What's to stop major artists uniting (a la United Artists in the 20's) and cutting out the middleman. The record companies are running scared and if they don't stop alienating their customers by charging high prices and coming up with copy protection schemes they will go the way of the piano-roll makers.

    3. Re:Bad for artists? Not so. by WNight · · Score: 1

      Most "creators" do so only because of access to earlier media. If all media in existance was locked and required per-use access fees, or in many cases, didn't work because the publisher went out of business and their access control servers were removed, how would anyone learn anything?

      Those "original" creators owe a huge debt to society and they default on that debt when they package their work in such a way that new generation can't tinker.

      Copyright is a give and take. You give me access to your work, and eventual full access, for which I (a taxpayer and thus a member of government) grant you a limited monopoly on the creation of that work. When you stop giving me anything, why should I still grant you anything?

      IMHO, work sold in a DRMed form should lose its copyright because you're failing to provide your half of the bargain.

  21. We need a "truth-in-DRM law" by dpbsmith · · Score: 5, Informative

    Consumers are not being told which devices do and which don't contain DRM and therefore there is no opportunity for marketplace discipline to occur. By the time consumers understand what is happening, every new device will have DRM and it will be too late to "vote with your dollars."

    I recently saw a full-page ad in the Boston Globe for a Gateway (remember? the company that ran TV ads a year ago saying they support my fair-use rights to music) for something called a Media Center PC. My wife was interested and asked me to look into it. Go here and click on "What can I do with Microsoft Windows XP Media Center Edition 2004" and it says:

    "Watch your favorite shows, whenever you want. Record a single episode or capture an entire series. You can also watch a previously recorded show while recording a live TV program. With the new Media Center 2004, you're able to record a TV show directly to a DVD so you can start your own DVD collection or take it on the road and watch it late."

    Only if you go here , click on ">FAQ" and scroll way down do you learn some relevant details:

    "Media Center uses a new file format called DVR-MS... Q. Can the file format used by Media Center be changed? A. No... Q. Can [they] be converted to another video format? A. At this time, [no]. Q. Can I edit Recorded TV files? A. Currently, [no].
    Q. Does Windows® Movie Maker support the Media Center file format? A. [Not at this time]."

    "Q. What is content protection and how is it used by Media Center? A. Content owners and/or broadcasters can set copy protection flags to indicate that a program is subject to content protection. When Media Center detects that this flag is set, it will protect the content by limiting the ability to copy and distribute the program. Q. Can protected Recorded TV files be watched on another PC? A. No... Q. Can protected Recorded TV files be played back on the same Media Center PC using Media Player 9 or other DirectShow-enabled applications? A. No... Q.
    Can I record a TV show to my hard drive and then to a DVD using my DVD-R and play it on my home DVD player? A. No..."

    Since few programs are currently using the broadcast flag, few consumers will discover these limitations either before they buy it or during the period when they could conceivably return it. DRM is currently in stealth mode. Like a virus that doesn't release its payload until it has infected many PCs, over the next five years millions of consumers will buy devices with DRM and not even know it. Then, suddenly, media companies will start turning on their protection flags and it will be too late to do anything about it.

    When I asked direct questions to Gateway representatives about whether I could "use it like a VCR or DVD recorder to record my favorite shows on DVDs" they assured me that I could. Essentially the reps seemed to know about the "what you can do" paragraph I quoted above, but not about the "funny file format" and "content protection" issues I summarized below.

    1. Re:We need a "truth-in-DRM law" by cubicledrone · · Score: 1

      Then, suddenly, media companies will start turning on their protection flags and it will be too late to do anything about it.

      Is there truly anything on television worth watching, much less watching again? I think by the time the media companies start turning on these protection flags nobody will be watching any more.

      --
      Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
    2. Re:We need a "truth-in-DRM law" by grondu · · Score: 1

      Yes, you can find tools that will handle dvr-ms files. For example, Cyberlink's Power Director will. If you search for "DVR" in this PDF file, you will find this statement: "Users who have used Windows XP Media Center Edition to record videos can now import files for editing in PowerDirector 3.". I know other tools can do it also.

      From Microsoft: "This supplement is an update to Microsoft® Windows® XP Service Pack 1. Users who want to play Media Center PC digital recording files (.dvr-ms) in any other Windows XP SP1 system should download this update. You must use a player that supports DirectShow® and have a Windows XP compatible DVD decoder installed. Windows Media Player® Series 9 is an example of a DirectShow player that can support .dvr-ms files with this download."

      Here is a guide to ripping dvr-ms files to DVD compliant MPEG-2 files

      I found these (except the XP update which I knew about) in a few minutes using Google.

      --

      I'm the urban spaceman babe, but here comes the twist... I don't exist

    3. Re:We need a "truth-in-DRM law" by JaxGator75 · · Score: 1
      Perhaps the point was that it shouldn't be this difficult? We're going around the elbow to get to the ass...

      --
      Come and see the violence inherent in the system!
    4. Re:We need a "truth-in-DRM law" by dpbsmith · · Score: 1

      (shrug) I happened to find the FAQ at Gateway's website, but an identical FAQ can be found on Microsoft's own website here. The section entitled "Recorded TV File Format" says that Media Center can't be changed to use any other format, that the format can't be convert, can't be played with any other software, can't be edited even with WIndows Movie Maker "at this time." It doesn't say what the date of "at this time" is, and it doesn't give any URL for updates.

      I suspect that Microsoft knows the capabilities of its own products.

      Are these products that Google locates that are said to be compatible with DVR-MS products that Microsoft has approved, or are they reverse-engineered hacks? Are they actually available, tested, and working, or are they "futures?" And is Microsoft committed to interoperability of DVR-MS or could they keep mutating the file format, much as Apple is doing with iTunes DRM-protected AAC?

  22. Flo-Bee as a technological breakthrough by zymurgy_cat · · Score: 2, Funny

    I do believe that's the first argument I've ever heard that uses the Flo-Bee as an analogy for high tech.

    --
    -- Fugacity: Confusing chemists since 1908
  23. Why DRM Won't Work (A Simpler Explanation) by ArbiterOne · · Score: 5, Funny
    1. Re:Why DRM Won't Work (A Simpler Explanation) by jc42 · · Score: 2, Funny

      Very good. And here's a related Doonesbury Sunday cartoon from back in '89 that you might want to bookmark (or copy ;-).

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  24. So really you're saying it won't change anything?! by hajihill · · Score: 2, Funny

    So what you're really saying is that DRM will destroy the music industry, not directly, but due to an inevitable breakdown in the quality of music... As these steps won't prevent any but the least educated, lowest common denominator listeners from actually purchasing the music more than a few times...

    Thereby pushing indie furtherer in the direction of indie and pop more in the direction of pop...

    Or, wait.... So really you're saying it won't change anything?!?

    --
    Of blankness, I know nothing.
  25. WRONG, WRONG, WRONG by wurp · · Score: 4, Insightful

    The government states that it is illegal to copy copyrighted materials for other than some particular purposes. The copyright owner has absolutely no right to stop you from doing anything at all other than the rights anyone has.

    1. Re:WRONG, WRONG, WRONG by Lord+Prox · · Score: 1

      Well we could tell the govt about. Mabey they are not bought and sold, mabey they are just ignorant.

      Slashdot congress. I'm going to send the EFF text to congress.

    2. Re:WRONG, WRONG, WRONG by superdude72 · · Score: 2, Insightful

      The government states that it is illegal to copy copyrighted materials for other than some particular purposes.

      Don't you have it backwards? It's the particular purpose--redistributing a work in its entirety--that copyright restricts.

      Ripping a CD to mp3 isn't something copyright "permits" you to do. It isn't "fair use." It's use that the copyright holder simply doesn't have a right to have any control over. DRM, therefore, isn't a means of protecting the copyright holder's legal rights. It's just something they do because they can. That's why it's wrong to make a law against circumventing DRM. It creates a new right for copyright holders where none existed before--the right to continue controlling how you use your property after they've sold it to you. It isn't merely the protection of copyright, it's the creation of a new right that benefits very few at the expense of many other things that we ought to value more highly.

      I think it's reasonable that Apple limits the number of times a playlist can be burned to CD. On the other hand, I don't think it should be illegal for me to circumvent that if I have a reason to. They shouldn't have a legal right to restrict the way I use something I've purchased from them. If they want to come at me for selling CDs of music I don't own the rights to, that's fine. But that's what they should have to do. Not take rights away from everybody just to preempt a few thieves.

      You probably agree with me, but I think the semantic distinction--that copyright applies only to a particular case, and all other copying is unregulated--is an important distinction.

  26. Counterpoint to "1. That DRM systems don't work" by mukund · · Score: 3, Insightful
    DRM systems are broken in minutes, sometimes days. Rarely, months. It's not because the people who think them up are stupid. It's not because the people who break them are smart. It's not because there's a flaw in the algorithms. At the end of the day, all DRM systems share a common vulnerability: they provide their attackers with ciphertext, the cipher and the key. At this point, the secret isn't a secret anymore.

    I am going to state a counterpoint purely from a technical stance (my stance on DRM is not pro- or anti- as I still have a lot to learn). It is possible for the key to remain a secret, even if it is in the hands of the consumer. Right now apps such as iTunes have it in software. You can generate keypairs and store keys in a medium analogous to that used in smart-cards, in the player hardware such that if it is ever tampered with to get the key, the key itself is destroyed. The hardware would probably be the sound-card or the speaker system if it is digital where the decoding of the compressed audio would take place. Yes this is not available now, but there's a good chance of such systems coming into operation.

    Also like somebody in the MPEG committee recently said, the job of such DRM systems is not to put off the super clever guy who can break the system anyway... most systems are breakable. The plan is to put off the average consumer who may drag himself/herself into investigating the use of copyrighted content illegally if software and tools are available to *easily* circumvent such content-distrbution-restriction systems.

    Right now, to crack iTunes songs using a software program is super-easy because of easy availability of easily-usable software. Hardware systems will likely be much harder to crack if implemented properly (every tried cracking an iButton?). The key-pair can be generated by the hardware in question and can be used only by that hardware and the user will have no access to the private key. Tampering with the hardware will destroy the key.

    Unlike cracking the firmware (example: DVD firmware is 'patched' before update to play multi-region DVDs) the device may require the firmeware to be cryptographically signed by the vendor before it accepts it, hence voiding the ability to tamper with it.

    Of course, we have a long way to go before such hardware is designed and adopted.

    --
    Banu
  27. Same by cubicledrone · · Score: 3, Insightful

    Articles like this one follow a familiar pattern:

    1) The history of copyright, complete with exhaustive descriptions of the piano roll and the Monarchy.

    2) A sob story about some poor honest member of the global audience who can't watch the latest Hollywood crap-fest because they don't have eight copies of it arranged so they are never more than 10 yards from at least two of them.

    3) Ringing, strident statements about how Anything can be copied(tm) do you hear me??!?! WELL, DO YOU??!?!?!?!?!!?!

    4) The argument then swerves into the ever-popular "in the future, the Internet will make copyright obsolete and artists will all live in a Utopian paradise where everything is free, free, free like the book they spent 4,000 hours writing which is at this very minute available on 4,000 warezzzzzzz sites for your convenience"

    5) This is usually followed by the standard "books are worthless, music is pointless, art is disposable, inspiration is a commodity" argument which offers the idea that because something can be cheaply copied, it has somehow become worthless.

    Throughout each of these discussions, there is always support for "well, we'll just copy it anyway" which is why this argument has long since lost even the remotest shred of credibility.

    There is only one question that needs to be answered. Is there any set of conditions under which the "copy every last fucking bit on Earth" people will just pay for the fucking movie/book/CD/whatever?

    --
    Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
    1. Re:Same by Anonymous Coward · · Score: 0

      Amen. His section about why DRM is bad for artists was especially weak. I didn't find a single reason why DRM is bad for artists in that section.

    2. Re:Same by hyphz · · Score: 3, Insightful

      > Is there any set of conditions under which
      > the "copy every last fucking bit on Earth"
      > people will just pay for the fucking
      > movie/book/CD/whatever?

      Yes, the case where they respect the authors.

      Think about it. Most people don't steal stuff. Also, they don't copy stuff done by bands or people they have a personal connection to.

      The problem is that the whole industry is now geared towards giving customers a totally skewed perception. They are left with the opinion that a) creative artists have something unique called "talent", b) that this makes all of their work of creating art become easy, c) that they are special, distinct and superior from everyone else, d) that they never have to work hard, etc..

      You see that everywhere. Pop Idol, tour shows, glamour shoots, synapse sequences that don't show any work being done, "fun on the set" outtake tapes.. and it's all rubbish. Talent isn't proven to exist, and even if it is, there's no way of knowing in finite time that any person doesn't have it. Even talented people work hard to create art. Artists are pretty much like everyone else, and have problems of their own.

      But instead the industry is persisting in holding onto the glamour that they're super special stars. And then they're shocked when people's response is, "since they're super special, why apply conventional morality to them? Why worry about ripping off their work - they never had to work hard anyway?"

      And when laws get passed, they're shocked when people think "Well, those laws don't apply to US..." After all, you've taught them for the last 10 years that all the opportunities and rewards and advancement methods and skills that apply to creative artists don't apply to Joe Soap, so why should Joe Soap rush to embrace the negative side too?

      No. Enough. Start showing the truth. Nobody does anything in one take. Every piece of art has had huge amounts of pencil eraser pressure. Like your teacher used to say: show your working, it proves you're not cheating. And when your customers know you're not cheating, they won't cheat you back.

    3. Re:Same by nikkomega · · Score: 1

      "because something can be cheaply copied, it has somehow become worthless" Ahem... isn't that just about the definition of "worthless"?

    4. Re:Same by Delos · · Score: 2, Interesting

      This whole comment has way more emotion than logic, but I'd like to respond as best I can.

      1) True. I'm not sure what the point here is.

      2) You're welcome to riducule the importance of ease of use, but the bottom line is that a product that's easier to use is a better product. Does this trump all other concerns? No. Should it be a factor in how we decide to design our products? Yes

      3) I don't find Doctorow's speech to be strident. If nothing else, it's less strident than your post. However, it's true that anything can be copied, and everyone who learns this is better off, especially holders of copyright and those creating media technologies.

      4) Whethere or not there are business models that can succeed in the age of perfect, cheap copies is a point for honest debate. I've never heard of conditions under which motivated entrepreneurs can't find a way to make money, but until they do, it's an open subject. In the meantime, mocking those who believe that a business model that benefits both artists and consumers can be built isn't an argument against, it's just an ad-hominem attack.

      5) Claiming that we're all better off when producers of art, music and literature are able to create works that are inspired by or remix earlier works is not the same thing as saying that those earlier works are worthless. You might disagree that everyone benefits, but it's kind of ridiculous to claim that anyone thinks art is worthless.

      In response to your final question, I would answer that if there were no conditions under which people with computers and internet connections would pay for a movie/book/cd/whatever, that the studios and publishers would have already gone out of business.

    5. Re:Same by maxpublic · · Score: 0, Flamebait

      This distinguishes violators like Cory and his ilk from those of us who copy for convenience. For example, I rip all of my CDs to mp3s to play them anywhere, anywhen. I also make copies of the CDs themselves as backups, and another copy for my wife to take to work. If the CD is destroyed in her lab or stolen, who gives a shit? We still have the original we paid for.

      Copy protection schemes treat us the same as the criminals. According to the RIAA I should:

      - never have the right to rip the music I paid for into the format I want to use;
      - never have the right to back up the music I paid for, but instead have to pay full price for a second copy; and
      - never have the right to make copies simply for the sake of convenience, or in possible anticipation that the copy will be destroyed due to work conditions or stolen by some sticky-fingered college fuck whose mama never bitch-slapped any manners into him.

      According to the RIAA, my reasoning is irrelevent. Because I copied the CD twice and ripped two different sets of mp3s (main and backup) I'm just as much a copyright violator has Cory and the rest of the scum.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    6. Re:Same by ChaosDiscord · · Score: 1
      Articles like this one follow a familiar pattern:

      ...offers the idea that because something can be cheaply copied, it has somehow become worthless.

      Were you reading the same article the rest of us are, or are you just looking for an opportunity to whine?

      Doctorow's point is that DRM doesn't work, can't work, and that consumers don't want it. Given that, maybe Microsoft should consider serving it's customers and not bothering with the DRM. I see a distinct lack of "copyright protected works are worthless" claims in the article.

      Cory makes some technical mistakes in his article, but I think the core arguments are quite compelling. Attacking a straw man instead of his actual words is a cheap trick.

    7. Re:Same by Anonymous Coward · · Score: 0

      There is only one question that needs to be answered. Is there any set of conditions under which the "copy every last fucking bit on Earth" people will just pay for the fucking movie/book/CD/whatever?

      Yeah...if I don't have a computer, mp3 player, walkman, copier, whatever to make my own copies :-)

  28. I just typed furtherer... doh! by hajihill · · Score: 1

    Sorry about that...

    I really should use the 'preview' button more often... I'd probably catch mistakes like that....

    --
    Of blankness, I know nothing.
  29. Re:not copying yet, but they will. by bludstone · · Score: 2, Insightful

    No. But you could of made the same argument for CDs just a few years back.

    Eventually, people are going to want video at their fingertips not unlike music/mp3s is now. People want to make copies, not for the sake of having copies, but for ease of use.

    See, its easier to have a remote-device that selects "spiderman," "cowboy bebop," "return of the king," or "big breasted asian honeys 4" then it is to get up off your chair, walk to the dvd shelf, find the disk, and swap out the dvd currently in your drive.

    Before you call me lasy, remind yourself again of what is happening to CDs.

    I think DRM is stupid, as it simply has never worked. Why bother wasting the money on something that has been demonstrated time and time again as a faulty non-working system that _always_ has workarounds. They should spend their money on something profitable.

    Yeesh.

    --

    no .sig
  30. ***ARTICLE TEXT*** by ArbiterOne · · Score: 1, Redundant

    Microsoft Research DRM talk
    Cory Doctorow
    cory@eff.org
    June 17, 2004
    This text is dedicated to the public domain, using a Creative Commons public domain dedication:
    > Copyright-Only Dedication (based on United States law) The person or persons who have associated their work with this
    > document (the "Dedicator") hereby dedicate the entire copyright
    > in the work of authorship identified below (the "Work") to the
    > public domain.
    > Dedicator makes this dedication for the benefit of the public at
    > large and to the detriment of Dedicator's heirs and successors.
    > Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights
    > under copyright law, whether vested or contingent, in the Work.
    > Dedicator understands that such relinquishment of all rights
    > includes the relinquishment of all rights to enforce (by lawsuit
    > or otherwise) those copyrights in the Work.
    > Dedicator recognizes that, once placed in the public domain, the
    > Work may be freely reproduced, distributed, transmitted, used,
    > modified, built upon, or otherwise exploited by anyone for any
    > purpose, commercial or non-commercial, and in any way, including
    > by methods that have not yet been invented or conceived.
    -----------
    Greetings fellow pirates! Arrrrr!
    I'm here today to talk to you about copyright, technology and
    DRM, I work for the Electronic Frontier Foundation on copyright
    stuff (mostly), and I live in London. I'm not a lawyer -- I'm a
    kind of mouthpiece/activist type, though occasionally they shave
    me and stuff me into my Bar Mitzvah suit and send me to a
    standards body or the UN to stir up trouble. I spend about three
    weeks a month on the road doing completely weird stuff like going
    to Microsoft to talk about DRM.
    --
    I lead a double life: I'm also a science fiction writer. That
    means I've got a dog in this fight, because I've been dreaming of making my living from writing since I was 12 years old. Admittedly, my IP-based biz isn't as big as yours, but I guarantee you that it's every bit as important to me as yours is
    to you.

    Here's what I'm here to convince you of:

    1. That DRM systems don't work
    2. That DRM systems are bad for society
    3. That DRM systems are bad for business
    4. That DRM systems are bad for artists
    5. That DRM is a bad business-move for MSFT

    It's a big brief, this talk. Microsoft has sunk a lot of capital into DRM systems, and spent a lot of time sending folks like Martha and Brian and Peter around to various smoke-filled rooms
    to make sure that Microsoft DRM finds a hospitable home in the future world. Companies like Microsoft steer like old Buicks, and
    this issue has a lot of forward momentum that will be hard to soak up without driving the engine block back into the driver's
    compartment. At best I think that Microsoft might convert some of that momentum on DRM into angular momentum, and in so doing, save
    all our asses.
    Let's dive into it.
    --
    1. DRM systems don't work

    This bit breaks down into two parts:

    1. A quick refresher course in crypto theory
    2. Applying that to DRM

    Cryptography -- secret writing -- is the practice of keeping
    secrets. It involves three parties: a sender, a receiver and an
    attacker (actually, there can be more attackers, senders and
    recipients, but let's keep this simple). We usually call these
    people Alice, Bob and Carol.

    Let's say we're in the days of the Caesar, the Gallic
    War. You need to send messages back and forth to your generals,
    and you'd prefer that the enemy doesn't get hold of them. You can
    rely on the idea that anyone who intercepts your message is
    probably illiterate, but that's a tough bet to stake your empire
    on. You can put your messages into the hands of reliable
    messengers who'll chew them up and swallow them if captured --
    but that doesn't help you if Brad Pitt a

    1. Re:***ARTICLE TEXT*** by Anonymous Coward · · Score: 0

      How can this "Informative", me thinks the mods have been on the crack again. ...and why post the article again in this forum??, fool.

  31. He missed the point by NigelJohnstone · · Score: 4, Insightful

    Microsoft wants a single encryption key as the secret.

    It wants that key protected inside the CPU.

    It wants OEM's to pre-register the computer with Microsoft and the key exchange will be done at that time to avoid man in the middle attacks.

    Your PC will have an encrypted channel, done via private key encryption between your CPU and Microsoft.

    So now all DRM keys for all encryption flow down this channel, direct into the CPU's store.

    You DON'T give the attacker the key in this instance, you give the COMPUTER the key. The COMPUTER works against the customer to protect the copyright holders wishes.

    It's still a breakable scheme , but the EFF guy didn't give them full credit for the scope of the scheme. Palladium & DRM are ONE AND THE SAME strategy.

    Without MS you can't send your DRM key securely, so any DRM seller has to be pay MS even if it doesn't use MS's DRM.

    I wonder though if governments will stand idly by and let Microsoft create a private encryption channel between everyone's computer and Microsoft.
    I strongly doubt it.

    1. Re:He missed the point by shione · · Score: 1

      that sounds similar to the situation with WMP

    2. Re:He missed the point by Anonymous Coward · · Score: 0
      It wants OEM's to pre-register the computer with Microsoft and the key exchange will be done at that time to avoid man in the middle attacks.

      Yeah, 'cos Dell et al have such a great record of protecting secret stuff that Microsoft gives them, which is why all the warez monkeys were running XP Professional six weeks before it went on sale ;-)

    3. Re:He missed the point by Twylite · · Score: 1

      This sounds largely accurate. I was enjoying the article a lot until the following sentence sent a chill down my spine:

      DRM only works if your record player becomes the property of whomever's records you're playing

      Microsoft are on (recent) record saying that the future they forsee is free hardware with licensed software and content.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    4. Re:He missed the point by myside · · Score: 1

      I'm not sure. Perhaps you have more insight into MS than I, but MS is IMO first and foremost a business. Businesses exist to make money for their shareholders. The point made here (quite convincingly I think) is that it is not in their best interest to invest engineering into something their customers are not requesting/do not need/want. I also agree that MS is actually in a pretty good position to scoop up more business by giving customers what they want.

    5. Re:He missed the point by Archibald+Buttle · · Score: 1

      I wonder though if governments will stand idly by and let Microsoft create a private encryption channel between everyone's computer and Microsoft.
      I strongly doubt it.


      Of course they will!

      There are many reasons why.

      Firstly you're talking about a relatively complex rights management system. It takes quite a while to understand this and all the implications thereof. Your average senator/representative/MP does not have the time to get to understand this kind of thing properly. Some will, but most will not.

      Secondly Microsoft can potentially do this relatively quickly. It will take several years after this is introduced for authorities to percieve that it may be a problem. It will take a while after then for legislation to be drafted and put in place for something to be done to curb abuses of this kind of technology. Whilst we may know that this is potentially a very serious problem right now it will take governments much longer to come to that realisation and longer still to act. For example we've known that spam is a problem for many many years but only recently have laws been passed against it.

      Thirdly DRM is in the interests of big business. Governments listen to business because governments believe that business is good for the people, since business earns money, pays taxes, and contributes to their electioneering funds. Businesses also have plenty of money to lobby governments.

      Then there is the complacency of individuals. The general population could lobby the government to resolve issues like this, however it takes organisation and money. Most people don't care though, since like our politicians they too don't understand the issues, so organisations that can bring these kind of problems to light are generally under-funded.

    6. Re:He missed the point by NigelJohnstone · · Score: 1

      "I also agree that MS is actually in a pretty good position to scoop up more business by giving customers what they want."

      Or by getting BETWEEN what customers want and the customers themselves. You don't want a toll bridge, but if there's something you want or need on the other side you pay the toll.

    7. Re:He missed the point by Alsee · · Score: 3, Interesting

      Microsoft wants a single encryption key as the secret.

      I'm not sure what you mean. At a minimum each application in NGSCB gets a different key. It uses a million different signing keys and encryption keys all over the place. You'll routinely have a file encrypted by a key, and that key encrypted by an other key, and that key encrypted by a chain of other keys encrypting each other. The same goes for signatures on signatures on signatures on signatures, a whole chain of signing keys.

      Each trust chip does have two master keys (different on every computer) - a PrivEK which is only used to decrypt or sign (never to encrypt), and a root storage key, but that key is only used to encrypt other keys.

      It wants that key protected inside the CPU.

      Well, they would eventually like to see the Trust chip (and it's two master keys) merged into the CPU. But for the time being they are satisfied with those keys locked inside the Trust chip.

      It wants OEM's to pre-register the computer with Microsoft and the key exchange will be done at that time to avoid man in the middle attacks.

      False. Trusted Computing does not function like that.

      The SRK is randomly generated when you get the computer home. No one, not even Microsoft can get at that key. YOU are especially forbidden to know your SRK.

      The other key, PrivEK, is generated or placed in the chip at manufacturing. No one can get at that key either, not Microsoft, and especially not you.

      The foundation of Trusted Computing is that you are forbidden to know your own keys. If you knew your keys then you could unlock anything on your computer. If you could do that, then THEY (meaning Microsoft, the RIAA, the MPAA, websites, whoever) then THEY cannot Trust your computer to do what THEY want it to do. THEY cannot trust your computer to enforce DRM against you. You could simply unlock everything and do what you want.

      They can't trust you, so they want to Trust your computer to control what you can and cannot do.

      That's why you are forbidden to know your own keys. Anyway, back to the keys...

      The PrivEK has a public half - the PubEK. They are a matched set, and they only work with each other. PubEK is not secret. You *are* allowed to know the PubEK. The PubEK key is signed by the manufacturer's key to prove it is a genuine chip key. The manufacturers key is only used to sign chip keys. The manufacturer's key is signed by the TrustedComputingGroups Master key to prove it is a genuine manufacturer's key. The TCG's Master key is only used to sign manufacturer's keys.

      So what happens is that you send your public PubEK off to Microsoft, or to a Certificate Authority, or whoever. You also send alond the manufacturer's signature, proving it is a real PubEK. You also send along the TCG's signature for the manufacturer's key, proving it is a real manufacturer signature.

      So someone gets all that and they know you sent a reak PubEK, and they know that PubEK matches up with a real PrivEK, and that real PrivEK's are only allowed to exist locked inside a chip, and that YOU are forbidden to know that key.

      Your PC will have an encrypted channel, done via private key encryption between your CPU and Microsoft.

      Sort of. Actually anyone that you give your PubEK to, as described above, can then get an encrypted channel to that chip. I will skip the details because it's even more confusing that what I explained above, lol.

      Anyway, that other person now knows that they are talking to your chip, and that YOU cannot understand, control, or alter that conversation. At this point your chip pretty much has total control of everything, and therefor whoever is talking to your chip sort of has ownership of your computer. It's real messy here. Technically that other person has no more control over your computer than you "voluntarily" granted them. On the other hand if you didn't grant them any and all control they demanded then nothing would be working at a

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:He missed the point by myside · · Score: 1
      Due to how roads are constructed (in the US anyway), I'm not sure this is a apt analogy, but to rebut:

      You can do this, however you run the risk of someone else building an alternate route that will suck all traffic away from you.

  32. Poor logic by sakusha · · Score: 2, Interesting

    Cory's points don't stand up to even the slightest scrutiny. I'm appalled that he would attempt to explain how cryptography works in front of an audience at Microsoft that actually CODES crypto, considering how many fundamental errors he makes. But the kicker is his anecdotal evidence that there's no market demand for DRM. He whines about how he hit the 3 CPU limit of iTunes DRM, because he forgot to decertify one of his Powerbooks before he sent it back to Apple for repair, and that he already used up his other two authorizations on his other machine, and his mom's machine. Skipping over the apparent violation of the terms of the DRM by using one auth for his mom in another household, he failed to mention several points, like how you can call Apple and they will remove the dead auth for the dead machine, and that Apple extended the limit to 5 CPUs. But that doesn't even account for the fact that Cory was just a damn idiot that didn't deauth his machine before sending it in for service. Still, Cory whined and ranted about this problem on BB, rather than placing the blame on himself for making a stupid error.
    The ultimate point of his lecture is where he rants about how nobody's calling up manufacturers and begging them for features that restrict rights, therefore there is no market demand for DRM. But he overlooks the obvious fact there are whole markets that would not exist if not for DRM. Like iTunes and DVDs, for example. If the manufacturers won't release the products without DRM, and customers want the product, they'll buy it with DRM, therefore, there IS market demand for DRM.
    Hey, I'm no fan of DRM, but this sort of sloppy thinking isn't going to help his case, even if he throws in 1337 5p33k and pirate voice "arrr.."s into his lame lecture.

    1. Re:Poor logic by 91degrees · · Score: 2, Insightful

      He whines about how he hit the 3 CPU limit of iTunes DRM, because he forgot to decertify one of his Powerbooks before he sent it back to Apple for repair, and that he already used up his other two authorizations on his other machine, and his mom's machine

      Okay, lets compare this with DRM free audio tapes or CDs.

      Skipping over the apparent violation of the terms of the DRM by using one auth for his mom in another household,

      If it was a violation of the terms of the DRM, then the DRM should have prevented it. Of course, traditional media allows you to make copies for friends. This is legal in most countries.

      he failed to mention several points, like how you can call Apple and they will remove the dead auth for the dead machine

      Oooh, how kind. If you ask nicely, then Apple may, at their sole discretion, give you permission to listen to music that you paid for. If my CD player breaks, I can play all my CDs on a replacement.

      and that Apple extended the limit to 5 CPUs.

      Yes, but they hadn't at the time.

      But that doesn't even account for the fact that Cory was just a damn idiot that didn't deauth his machine before sending it in for service. Still, Cory whined and ranted about this problem on BB, rather than placing the blame on himself for making a stupid error.

      Why should he have had to do this? DRM should be transparent. Deauthorising is not transparency.

      The ultimate point of his lecture is where he rants about how nobody's calling up manufacturers and begging them for features that restrict rights, therefore there is no market demand for DRM. But he overlooks the obvious fact there are whole markets that would not exist if not for DRM.

      They would if the media cartels would let them. It would only need someone to take the risk of releasing without DRM, and you'd see how succesful that is.

    2. Re:Poor logic by sakusha · · Score: 1

      Your logic doesn't seem to work any better than Cory's.

      Ok, let's compare iTunes to CDs and tapes. Tell me how you can download physical media like CDs and tapes over the internet.

      Traditional copyright law doesn't allow you to make copies for your friends, except under limited circumstances like scholarly fair use. Your point is invalid.

      Apple had extended the limit to 5 CPUs at the time Cory delivered the lecture to MS. The point was moot, but he's still whining.

      iTunes DRM is transparent with the one exception of the auth key. If you have an unbreakable DRM method without auth keys, I'm sure the industry would love to hear it.

      It doesn't matter if the media cartels WOULD release without DRM, the fact is they don't, and people ARE buying the DRM product today. Didn't you notice the front page /. article that the #1 CD is copy protected?

    3. Re:Poor logic by 91degrees · · Score: 1

      Ok, let's compare iTunes to CDs and tapes. Tell me how you can download physical media like CDs and tapes over the internet.

      Go to amazon.com, and order them.

      Traditional copyright law doesn't allow you to make copies for your friends, except under limited circumstances like scholarly fair use. Your point is invalid.

      IT often is legal under fair use exceptions. Many countries explicitely make limitted copying for friends legal. This is not considered to be a crime by most people

      Apple had extended the limit to 5 CPUs at the time Cory delivered the lecture to MS. The point was moot, but he's still whining.

      It was an example of DRM restricting his ability to do something legitimate.

      iTunes DRM is transparent with the one exception of the auth key. If you have an unbreakable DRM method without auth keys, I'm sure the industry would love to hear it.

      I don't. There probably isn't one. However, if there was no DRM he wouldn't have had to do it. The argument is DRM is bad. Not that this is a bad implementation.

      It doesn't matter if the media cartels WOULD release without DRM, the fact is they don't, and people ARE buying the DRM product today.

      It does matter. This is the entire point f the speech.

      Didn't you notice the front page /. article that the #1 CD is copy protected?

      Didn't you notice the comments where it turned out it wasn't?

    4. Re:Poor logic by sakusha · · Score: 1

      Your logic is degrading rapidly. First you claim you can physically receive CDs over the net via Amazon, which isn't possible unless they've invented a matter transporter. Then you continue on with logic that is the equivalent of "if wishes were horses, then beggars would ride." Save it for someone who cares.

    5. Re:Poor logic by Xcott+Craver · · Score: 1
      The ultimate point of his lecture is where he rants about how nobody's calling up manufacturers and begging them for features that restrict rights, therefore there is no market demand for DRM. But he overlooks the obvious fact there are whole markets that would not exist if not for DRM. Like iTunes and DVDs, for example. If the manufacturers won't release the products without DRM, and customers want the product, they'll buy it with DRM, therefore, there IS market demand for DRM.

      Sure these markets would exist without DRM. In fact, they already do: CDs, for example, have no DRM, and look, they keep stamping them out.

      If it turns out that no effective DRM exists, do you think these manufacturers will just go out of business, or stay behind as the rest of the world goes digital? Yes, the content industry wants some kind of protection before they move forward. But it's false to say these markets wouldn't exist without protection.

      It is also a tenuous argument that consumers want XYZ because manufacturers want it, and consumers need manufacturers. By that argument, consumers want to look at banner ads.

      Xcott

    6. Re:Poor logic by JOstrow · · Score: 1

      I don't mean to be inflammatory, but this may help you better understand what Doctorow was getting at:

      "I'm appalled that he would attempt to explain how cryptography works in front of an audience at Microsoft that actually CODES crypto, considering how many fundamental errors he makes."

      Since we're reading it, his audience was obviously much larger. Personally, that explanation of cryptography was helpful to me, your average user who doesn't know much about the subject.

      "He whines about how he hit the 3 CPU limit of iTunes DRM, because he forgot to decertify one of his Powerbooks before he sent it back to Apple for repair, and that he already used up his other two authorizations on his other machine, and his mom's machine. Skipping over the apparent violation of the terms of the DRM by using one auth for his mom in another household, he failed to mention several points, like how you can call Apple and they will remove the dead auth for the dead machine, and that Apple extended the limit to 5 CPUs."

      I believe he was criticizing the fact that people have to de-auth their machines and that any CPU limit exists. With that logic, it doesn't matter if they allow 3, 5, or 25 CPUs.

      As for his 1337-speak and "arrr.."s, that's called rhetoric. Without it, papers like these ones become very, very boring. I wouldn't have been able to read the entire thing at 6 AM. All in all, he gets a basic point across, and I believe he does it well.

    7. Re:Poor logic by 91degrees · · Score: 1

      First you claim you can physically receive CDs over the net via Amazon, which isn't possible unless they've invented a matter transporter.

      Why is the net relevant? It's a transfer medium, just like the internet. I mean, come off it. If your argument is that digital downloads should be treated totally differently from files ripped from a CD, you're a worse troll than I thought.

    8. Re:Poor logic by zeitgeist_chaser · · Score: 1
      But the kicker is his anecdotal evidence that there's no market demand for DRM. He whines about how he hit the 3 CPU limit of iTunes DRM, because he forgot to decertify one of his Powerbooks before he sent it back to Apple for repair, and that he already used up his other two authorizations on his other machine, and his mom's machine. ...he failed to mention several points, like how you can call Apple and they will remove the dead auth for the dead machine, and that Apple extended the limit to 5 CPUs. But that doesn't even account for the fact that Cory was just a damn idiot that didn't deauth his machine before sending it in for service.

      Wow, talk about missing the point completely. Does the computer need to be functioning for Apple to remove the cert? I honestly don't know. If the computer needs to be turned on and have information accessed, then he couldn't call Apple for the decert b/c the computer crashed on him. Unless the cert is somehow tied to the serial number of the computer, I doubt he could do anything if the system was dead. He brings up this computer crash scenario several times in the article. Hardware/software failures rendering your media un-playable is not acceptable from the average consumer's point of view. Even assuming that the decert is possible given the dead computer, why should he have to bend over backwards to do something legal with the media that he purchased? Do you honestly think the average consumer wants to worry about certs and decerts to play a music file? The whole point of the article was that the more hoops you make consumers jump through, the less they will buy your product. So, no, it doesn't matter whether the device limit is 3 or 5, either. Besides, it sounds like Mr Doctorow owns far more than 5 devices and is therefore likely to run up against the increased limit at some point.

      The ultimate point of his lecture is where he rants about how nobody's calling up manufacturers and begging them for features that restrict rights, therefore there is no market demand for DRM.

      No, the point of his lecture is that when faced with a choice between a restrictive (ex: DRM) technology and an open technology, the open technology wins every time. Not only does the open technology win, it winds up being a benefit to the very groups that wanted the restrictions in the first place. He uses the VCR and the home telephone market as examples of this point.

      But he overlooks the obvious fact there are whole markets that would not exist if not for DRM. Like iTunes and DVDs, for example. If the manufacturers won't release the products without DRM, and customers want the product, they'll buy it with DRM, therefore, there IS market demand for DRM.

      It amazes me that you can criticize Mr. Doctorow for "sloppy thinking" and then make such a lame-brained argument. They buy the product for the product, not for the DRM, obviously. The demand is not for the DRM, it's for the videos and music (to use your example). The customer will only accept the DRM if it does not significantly restrict their ability to use the media they purchased AND there is no non-DRM product on the market. Given the success of DVD-copying software and PlayFair in overcoming CSS/Zone restrictions on DVD and FairPlay on iTunes, respectively, it seems that there are plenty of customers chafing under these rather modest restrictions. Any player(s) that bypassed DRM would trounce the rest of the market. The demand for the non-DRM player would be far greater than the DRM enabled player. THAT is Mr. Doctorow's point.

      BTW, if a customer does not know about the DRM restrictions on a piece of media they have purchased, does that constitute a "market for DRM" in your mind?

      --
      While thinking philosophically, we see problems in places where there are none. -Wittgenstein
    9. Re:Poor logic by Anonymous Coward · · Score: 0

      For those modding the parent up, please not that Sakusha was an infamous BoingBoing troll with a major chip on his shoulder about Doctorow: there was hardly a post on BB that Sakusha didn't publically disagree with in the comments (when BB had comments).

      I haven't looked, but I suspect you'll find a bunch of anti-Cory rants in his slashdot comments too.

      Shouldn't effect your appraisal of his comments, but it's useful to know their provenance. And I'd be intrigued to know what the flaws in his explanations of crypto were, given that the feedback I've heard from Microsofties was that the talk was very well received.

    10. Re:Poor logic by sakusha · · Score: 1

      That is not true at all. I had my disagreements with the BB crowd, and agreements as well, like any intelligent person. Just like on Slashdot, most of my comments get rated up to 5, but a few get rated down to -1 Troll. People remember the disagreements more than the agreements. And of course, it is useful to consider the provenance of YOUR remarks, Mr. Anonymous Coward.

      Cory doesn't seem to understand the basics of public key cryptosystems. He seems to think that anyone who has the encoded file abd the public key can deduce the private key. Not hardly. I don't have the time to delineate all the flaws in his rambling essay, it's gibberish.

  33. DRM CAN work by Nexum · · Score: 1

    Apple has shown that DRM (like it or otherwise) CAN work.

    85m DRM'd songs sold.

    70% marketshare when (some) non-DRM alternatives are available.

    DRM is not strictly necessarily bad, it's just at the current state of play almost every implementation of DRM out there involves inconveniencing the user.

    When (if) this is fixed then DRM may shed slightly the synonymity with "evil".

    --

    This sig has been deprecated.
    1. Re:DRM CAN work by Zog+The+Undeniable · · Score: 2, Insightful
      I don't know if you RTFA or not, but it's worth reading about Cory's PowerBook problem near the end. Get through three different machines and all your iTunes are locked out, gone, adieu.

      iTunes is simply too new for the problem to have hit home to non-ubergeeks who don't buy a new laptop every 10 months. Yet.

      --
      When I am king, you will be first against the wall.
    2. Re:DRM CAN work by Xcott+Craver · · Score: 1
      Apple has shown that DRM (like it or otherwise) CAN work. 85m DRM'd songs sold. 70% marketshare when (some) non-DRM alternatives are available.

      By that logic, Chinese restaurants have shown that fortune cookies work. They must work, if over 70% of takeout meals come with them.

      No, the presence of DRM does not prove that the technologies are technologically effective. It proves that the technologies don't tick people off too much---although I see the inability to play DRM as a chief complaint when people buy portables.

      The problem with inconveniencing the user is that media companies want DRM technologies that really will stop people. They talk about speedbumps, but they don't really want speedbumps: they design giant complex systems that are going to be a major pain to the consumer, because they really think they'll stop people. Maybe after a DRM system is broken someone will defensively say, "oh, sure it doesn't work, but that was just supposed to be a speedbump. A million-dollar, gold-plated speedbump with motion detectors and attack dogs."

      If I designed a DRM system for audio or video, I would actually take the unconventional step of writing an official removal tool that people can download. If it's just supposed to be a speedbump, why not? Then people can't complain about not being able to make fair use copies---and remember, media execs keep believing in this "common case" user who doesn't access the Internet anyway.

      Caj

    3. Re:DRM CAN work by Anonymous Coward · · Score: 0

      Get through three different machines and all your iTunes are locked out, gone, adieu.

      Funny, the new iTunes let you register up to 5 computers.

  34. Alice Bob, ..... and Eve by headGasket · · Score: 1

    It's Eve not Carol, for Evesdropping. This guy must not of read a lot of crypto material, it would certainly be a plus for someone in his position.

    --
    6E8C 8721 B3D9 5269 5A9B 1122 00C3 C03D 99A7 1CFC
  35. Re:not copying yet, but they will. by 91degrees · · Score: 1

    Actually, I think the argument that it's restricting innovation is one of the better ones. I'd like a device that could cache all my DVDs (Come to think of it, I'd like a device that could fast forward through the norwegian language copyright notice on a DVD), but the motion picture organisation wouldn't like me to have such a device.

    There are all sorts of ideas I've thought of that will not be possible because of anti-piracy hysteria. A DVD download service could net billions, but if you can burn it onto a DVD, it can't be copy protected, so they're not going to do this. They're not going to do it though because of piracy fears.

    But arguments that "Oh no! the blind can't watch it" or "I want to make a copy for my 5 year olds" isn't going to convince anyone excpet the blind, and those with 5 year old children that excessive copyright controls are a bad idea.

  36. Re:Counterpoint to "1. That DRM systems don't work by blowdart · · Score: 1

    DRM systems are broken in minutes, sometimes days. Rarely, months

    And from a Windows Media developer point of view (as opposed to purely technical), v2.2 of the MS Windows Media DRM has been around for at least 2 years, with no cracks.

    unfuck, the way around MS DRM v1 didn't break the drm system, it bypassed it (sure you can argue it means the same, I'm using break in the context of the original speak, as in "yank the keys out, bypass the cipher").

    Screamer didn't bypass the DRM either, it relied on you already having a license and it was then able to strip the DRM header away. Again it didn't attack the encryption or the ciphers. This was patched in about 2 weeks if my memory serves me right (ah the joy of repacking all that content) and has lasted since then without any exploits.

    (note: I spent 2.5 years working with drm stuff, I am somewhat biased)

  37. Re:DRM: Wrong by Anonymous Coward · · Score: 0

    You don't need permission to record a compositition, you most certainly need permission to sample a recording. At least if you are going to release it commercially. There are two sets of rights to consider: The rights of the publisher (who may or may not be the writer or the recording artist) and the rights of the owner of the recording (which may be the artist, a record label, or some combination of the two).

  38. Is this a fake? by dnoyeb · · Score: 1

    After reading the whole thing, as a minimum there is no way it was given as a speech. It has too many typeisms like enclosing words with '*' and un-pronounceable words like 'hack0rzed', and 'b0rked.'

    It reads completely like an email or something typed. Perhaps this is an email he wrote before and spoke on the same topic? But it certainly can not be what was said at any conference to Microsoft.

    1. Re:Is this a fake? by Anonymous Coward · · Score: 0

      This was the exact speach he gave. He read straight off the paper and then opened for questions at the end.

    2. Re:Is this a fake? by cameleon · · Score: 1

      He said himself that he gave this talk at Microsoft.

    3. Re:Is this a fake? by Anonymous Coward · · Score: 0

      After reading the whole thing, as a minimum there is no way it was given as a speech.

      Why not?

      It has too many typeisms like enclosing words with '*'

      Yeah, to read that aloud, you like raise your voice for emphasis?

      and un-pronounceable words like 'hack0rzed', and 'b0rked.'

      Why are those unpronouncable? Because they have numbers in? You read the 0's as though they were o's, idiot. [hakorzd], [bo:kt]. No problem.

  39. Formats by fulldecent · · Score: 3, Insightful
    Remember this and remmeber it well:

    CD's aren't going out of style anytime soon

    Vinyl isn't going out of style any time soon.

    Customers have choices. And that isn't going out of style anytime soon

    --

    -- I was raised on the command line, bitch

  40. Re:Counterpoint to "1. That DRM systems don't work by TheGavster · · Score: 1

    Hardware protection schemes can be broken. Ti-83+ calculators use a system similar to what you describe for DVD firmware to authenticate new OS software when its being flashed. It took more than the couple of weeks that software DRM takes to break, but in the end one guy in his basement was able to logic probe his way around, and eventually came up with a method to flash any OS code you want onto the calculator. The same thing will happen to any firmware-upgradable device.

    --
    "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
  41. No, here's the real genius of that presentation by ahfoo · · Score: 1

    the real genius part was that Doctrow is presenting this as though it was his original idea when, really, it's not too much of a stretch to imagine that this has been Microsoft's internal strategy all along. As he pointed out, MS has already had products that are well suited to infringement for years. I remember the day Outlook shipped with a newsreader I was very impressed and tempted to write a letter to Gates and welcome him to the porn distribution business. Microsoft is totally in the game, who's kidding who?
    So, this is a slick presntation and as things play out Doctrow can go back and take credit for guiding MS when he's really doing is clearing the air and having the balls to state out loud what everybody already knows is happening in silence.
    The Carol, Bob and Alice analogy was misleading though. If Microsoft, or anybody else, really wanted to make DRM work it could be done as long as you could guarantee your user had to connect to you to view the media. Obviously with fixed media and no network this doesn't work, but nobody said fixed media was the only way to go or that authentification couldn't be combined with a network verification routine.
    Microsoft could have taken any number of steps to restrict users years ago and the fact that they didn't seems to suggest that they didn't do so intentionally.
    And why should this be surprising? How did they get on every desktop from the first place. This is no mystery. As far as file trading is concerned, nobody has made out anywhere near as well as Microsoft; there is no question they wouldn't be where they are today without it.
    But although I'm certainly jealous of Mr. Doctrow for being in such a sweet position I'm not deriding him. He's in the right place at the right time and he deserves credit for presenting an excellent brief. Somebody had to speak up and he really did a nice job.

  42. Re:Counterpoint to "1. That DRM systems don't work by 0123456 · · Score: 1

    "The plan is to put off the average consumer who may drag himself/herself into investigating the use of copyrighted content illegally if software and tools are available to *easily* circumvent such content-distrbution-restriction systems."

    Did you even read the article? It's utterly pointless to worry about the 'average consumer', when it only takes one person to crack the content and put it up for download.

    This is snake oil, pure and simple.

  43. But you can still get the content ... by oneiros27 · · Score: 1

    The important part in the whole scheme isn't the key.

    Yes, the key, combined with the algorythm and ciphertext can get you the original content, and so, if you can get the key, you can use alternative software or hardware to decrypt the files and use them without the restrictions that the vendors might have imposed.

    However, just as simply, even with the keys and/or algorythms remaining secret, so long as the program can extract the relevent content, there will be someway to intercept it, and from that, make a copy.

    Take for instance the pay-per-view cable channels -- you need a little box to decode the signal. Tampering with the box is illegal. But it's really easy to place a VCR/Tivo/DVR/whatever in between the cable box and the TV, and make a copy.

    I have TV out on more than one of my computers ... I can easily play someting legally on one, and then copy it to VHS or whatever. [I get an odd audio hiss from the desktop based PVR, I think it has a noisy power supply... I get better quality off of my laptop] Of course, with a DVD, you don't get the menus, and such, but you can get the basic content, which is what I need when I'm helping my neighbors assemble 6hr VHS tapes of kid's programming so their 3yr old will stay entertained during multi-day car trips, and they don't have to change tapes or DVDs every 30 minutes.

    With an iPod, or whatever, you can wire the headphone jack to line in on something else -- of course, you'll lose track information, but you can get the basic content out.

    All that DRM can do is make it more difficult to make copies -- never impossible. DRM is going to become more of an issue as technology changes [imagine, it's the 1980s... you've got your 8mm home movies, and you want to transfer them to VHS ... but you can't, as the companies who approved the 8mm film standard put a specific clause against copying stuff]

    When DVD came out, you couldn't just copy all of your VHS tapes to 'em. Hell, you can't even right now, but that's more of an analog-to-digital issue more than anything else, at this point. But when the next great standard comes out, you know that the movie companies are going to do their best to get you to buy all new copies of the 100+ DVDs you might already own, so they can get another $2-3k out of you.

    Anyway, the only way that DRM will reliably work in the long run is to get rid of the standards that most movies depend on right now (vision, and hearing)... they''ll have to come up with some special chip you have to have inserted in your brain so that you'll only understand the movies that you've paid for.

    --
    Build it, and they will come^Hplain.
    1. Re:But you can still get the content ... by scharkalvin · · Score: 1

      When DVD came out, you couldn't just copy all of your VHS tapes to 'em. Hell, you can't even right now, but that's more of an analog-to-digital issue more than anything else, at this point.
      Actually most of the new dvd recorders have analog video inputs and will copy your vhs tapes. You just need to connect the boxes with the correct patch cords. Now the dvd player might not record if the vhs copy has macrovisioncrud on it, but those tapes you made off the cable will record just fine. Of course you probably want to stand by the remote control of the dvd recorder to edit out the commericals....

  44. Advantage to M$ by lachlan76 · · Score: 1

    Or they might want DRM laws to only allow black-box software, therefore crippling open-source.

    Imaginge this: all media player products MUST have inbuilt DRM. Therefore, said product probably won't be in most free linux distributions. Then, new user installs mandrake on his/her computer, and tries to play a cd/dvd. That user decides on the spot that Linux doesn't have important features that Microsoft implemented years ago, and immediately switches back to Windows, and tells everyone she knows never to use Linux, and keep buying Windows.

    This way, not only do studios get what they want, but Microsoft can also try to stop Open Source from being a major Desktop OS.

  45. Re:Counterpoint to "1. That DRM systems don't work by Apage43 · · Score: 1

    Right now, to crack iTunes songs using a software program is super-easy because of easy availability of easily-usable software. Hardware systems will likely be much harder to crack if implemented properly (every tried cracking an iButton?). The key-pair can be generated by the hardware in question and can be used only by that hardware and the user will have no access to the private key. Tampering with the hardware will destroy the key. Key pair encryption? Reverse engineer the software, and then do a man in the middle attack, poof, you've either got the encrypted data, or at least another key. But, Again, DRM is stupid. I wouldn't use a format I can't use on my computer, and, I could simply run a VMWare box with windows XP in it and capture the audio output, no matter what DRM is used.

  46. Wrong about Apples DRM... by skribble · · Score: 3, Informative

    ...or at least misleading.

    You can de-authorize computers to play Apple Protected AAC's and thus authorize any different computer. So if you upgrade a computer you can de-authorize the old one and authorize the new one at no penalty.

    Other then that the article seems right on though.

    --
    --- Nothing To See Here ---
    1. Re:Wrong about Apples DRM... by motobecane · · Score: 2, Informative

      And if the "old one" is already dead or at the shop you can't de-authorize it. You're hosed.

    2. Re:Wrong about Apples DRM... by jim_oflaherty_jr · · Score: 1

      You are missing the point. He apparently was not aware of this option. And he did not know to go look for that option. And I don't think any of my non-techie friends would think to look for the option either.

      His point is that the simple mental model most customers will utilize breaks with DRM. And expecting the customer to figure out how to get something again they have already made the effort to get the first time IS ASKING TOO MUCH!

      Jim O'Flaherty
    3. Re:Wrong about Apples DRM... by eggboard · · Score: 1

      Cory's complaining about the fact that he, as an ubergeek (and he is one), failed to understand this. So even if he was an idiot (which he isn't), imagine explaining to a lesser geek this problem?

      Apple increasing the number of authorized machines to five is certainly in reaction to the number of early adopters who had problems like Cory's.

      --
      Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
    4. Re:Wrong about Apples DRM... by Anonymous Coward · · Score: 0

      You can contact Apple and they'll de-authorize it for you.

    5. Re:Wrong about Apples DRM... by Buran · · Score: 1

      You can ask Apple to do it through their feedback pages, although you have to hope that they actually do it. A better way, I think, would be to have an automated system in which you have to input the machine's serial number and the name of the owner and the shipping Zip code used to order the system and then have it done automatically.

      While I don't completely like the idea of DRM, Apple's implementation is better than any of the others out there, I'll give them that. (All of the music on my iPod, though, is in the MP3 format because I can use it in any application I want to far more easily than is the case for AAC or Protected AAC.)

    6. Re:Wrong about Apples DRM... by sysadmn · · Score: 1

      If I understand his previous rants on the subject, you can't deauthorize from an arbitrary machine. For example, your laptop breaks, you send it back, you get a new one. Oops, the old one is still an authorized computer. Can you remove it without having access to it? If so, the complaint is a little specious. If not, he's got a point.

      --
      Envy my 5 digit Slashdot User ID!
    7. Re:Wrong about Apples DRM... by RAS+230 · · Score: 1

      "You can de-authorize computers to play Apple Protected AAC's and thus authorize any different computer. So if you upgrade a computer you can de-authorize the old one and authorize the new one at no penalty." the point is without DRM you dont have to. apples DRM adds no value to the user, but adds a hastle. I shouldn't have to call apple when I want to reformat my machine. I wouldn't have to with the files I could download of a P2P.

  47. A PHB Conception is likely.... by TastyWords · · Score: 1

    ...to be if they don't make an effort to contain those who "abuse" resources, either by stealing or share them, it will look as though they don't care. And they don't truly understand how things really work. Remember Eisner's (Disney) education a few months ago? He thought "ripping" meant "ripping off". Unless|until these guys loosen their ties so oxygen can begin circulating back up to their brains, they're going to spend a lot of resources (time, money, people) trying to "protect" their assets - without realizing how the real world works.

    But if you can hear|see it, you can crack it. And even if it's not a do-gooder trying to crack it as a mission of justice, someone will crack it just for the challenge.

    ______________________________
    The talent-laden Lakers stand to be disbanded as at least three players are eligible for free agency, including Kobe Bryant. Upon hearing this, Cell Block D has made an offer of three cartons of cigarettes, two bars of soap, and an inmate to be named later.

  48. The closest anyone has come to working DRM is... by jonwil · · Score: 1

    What companies like SEGA and Data East did on various arcade boards. Basicly, there is a chip/blob/block that combines the CPU and decryption logic in the one casing (even on the same die in a fair few cases). As of yet, many of the more sophisticated examples of this have yet to be cracked.

    Obviously this wont work for music/movies/etc because of the fact that if you can see and/or hear it, you can record it. However, it would certainly be something to consider for code (particularly code on game consoles).

    Basicly, microsoft/sony/nintendo/whoever could produce a chip that combines a PPC/x86/whatever they want CPU core on the same die as a hardware implementation of something like RSA or DES or something else with a long enough key length to make brute forcing impractical. Then, all they do is to encrypt the game executables and even the console bios and stuff (keeping the means to do that secret shouldnt be that hard, after all, the secret MS only private key for signing xbox xbe files hasn't yet been released/leaked/cracked/whatever).

    Because the CPU will only execute code that is encrypted by the private key held by the console company, running "unauthorized" code wont be possible. (even if you find a way to get it to jump to some area in memory you loaded with your own data, you dotn have the encryption key so you cant turn your code into something the CPU can sucessfully decrypt and execute)
    Plus, because the only way to get the plaintext or the public key is to take the top off the chip with a powerfull microscope or whatever (and because there arent that many people/companies with the resources and skills to do this), its (theoretically) secure. Another way to make it more secure is to change around the meanings of the decrypted opcodes. For example, on regular x86, 0x90 (I think) means the NOP instruction. if you change things around so that NOP is some other value, its even harder to crack. Plus, since you have no way to know if is the correct one, you cant brute-force it.
    And, given how special/specific the key is, there are ways to keep it secret. For example, build the encrypting mechanisim as a speical box which doesnt contain the key in software but in hardware instead (thus preventing some hacker from hacking in and stealing it).

    However, (as the article says) just because I cant think of any flaws in this system doesnt mean there arent any.

  49. Irony by lobsterGun · · Score: 2, Informative
    Is it considered ironic when a posting under the heading of Communications uses the phrase, "He makes a great case for why DRM is bad for society, business, and artists, why it simply don't work, and why Microsoft (the audience for this talk) should not invest in it" ...pause...

    You don't see it???

    let me simplify

    "He makes a great case for why DRM...simply don't work... " ...pause... ...pause...

    Still don't see it?

    It should say, "He makes a great case for why DRM is bad for society, business, and artists, why it simply doesn't work" ...pause...

    no thats not all.

    When creating a list of items separated by commas, one should strive it insure that the items have similar meanings.

    Quoth the Grammar outlaw


    The grammar crime: Faulty parallelism distracts the reader and disturbs the flow of the writing.

    When two elements of a sentence are similar in meaning, you should express them in parallel form. In other words, all linked words should match in form.

    By using parallel structure, we both clarify the meaning of our writing, and add pleasing symmetry to it. Parallel structure joins and emphasises equally important ideas.


    The list above contains the structures :
    - society
    - business
    - artists
    - why it simply don't work
    - why Microsoft (the audience for this talk) should not invest in it

    There is no "pleasing symmetry" amongst those ideas when expressed in that form. ...pause...

    what you say? ...pause...

    No this isn't minutia. This is important. Mr. VerdeRana want us to go and spread this messaage far and wide. If we were to spread the above message we'd come off looking like buffoons.

    English: It's not just a good idea, it's a language.
    1. Re:Irony by Vaevictis666 · · Score: 1
      Actually, the list you bash contains these structures:

      He makes a great case for...

      • why DRM is bad for society, business, and artists,
      • why it simply don't work, and
      • why Microsoft (the audience for this talk) should not invest in it.

      That looks like a parallel structure to me...

  50. "this fantastic argument" by little_fluffy_clouds · · Score: 1

    Kinda hard to figure out which "fantastic" you mean:

    1. Quaint or strange in form, conception, or appearance.
    2. a. Unrestrainedly fanciful; extravagant: fantastic hopes.
    b. Bizarre, as in form or appearance; strange: fantastic attire; fantastic behavior.
    c. Based on or existing only in fantasy; unreal: fantastic ideas about her own superiority.
    3. Wonderful or superb; remarkable: a fantastic trip to Europe.

    Oh, and lest we forget:

    n.
    An eccentric person.

    Ah. Got it.

    [http://dictionary.reference.com/search?q=fantas ti c]
    (The above URL has slashdot added space in it. Always remove prior to use).

    --
    What were the skies like when you were young?
  51. Thanks by awol · · Score: 1

    Thanks for posting this article. I haven't bought a DVD in 2 years because of the loathing I have for the whole approach of the distributors and region encoding etc. Only today I had been wavering and considering purchasing a couple of DVD in particular and reading the article has stiffened my resolve once again.

    It is just sooooooooo broken

    --
    "The first thing to do when you find yourself in a hole is stop digging."
    1. Re:Thanks by Anonymous Coward · · Score: 0

      So true, i havn't got any DVD's either, hang on out there brother! Stay true. I don't even have any iTunes purchased music and I could buy them if I wanted. Normal CD's will do fine thankyou.

  52. Far and Wide by silvaran · · Score: 2, Funny

    Broadcast this far and wide, and maybe someone will listen.

    I did, but because of my DRM, no one can hear it.

  53. A list of companies already signed on to MS DRM by Darth+Cider · · Score: 3, Informative

    Three days ago I was modded down to Troll simply for posting this list of Miscrosoft's DRM subscribers. The topic was convergence, how devices are all going to work together, so it seemed important to point out that MS DRM is already widely adopted.

    Supporters of Microsoft DRM .

    * Content companies America Online Inc., The Disney Co. and OD2
    * Service providers CinemaNow Inc., Movielink LLC, MusicNow LLC, Napster LLC, VirginMega France and Yacast
    * Consumer electronic device manufacturers Archos SA, Creative, Dell Inc., Digital 5 Inc., iRiver International, PRISMIQ Inc., PURE Digital, Rio, Samsung Electronics Company Ltd., SimpleDevices Inc. and 2Wire Inc.
    * Chip makers BridgeCo AG, Equator Technologies Inc., Imagination Technologies, Micronas, Motorola Inc., Sigma Designs Inc. and SigmaTel Inc.
    * HP

    1. Re:A list of companies already signed on to MS DRM by user+no.+590291 · · Score: 1
      Looks like it was astroturf censorship to me, too. Please not the original poster is Darth Cider. Go ahead and mod me down if it makes you feel better--I can post it again.
      Three days ago I was modded down to Troll simply for posting this list of Miscrosoft's DRM subscribers. The topic was convergence, how devices are all going to work together, so it seemed important to point out that MS DRM is already widely adopted.

      Supporters of Microsoft DRM .

      * Content companies America Online Inc., The Disney Co. and OD2
      * Service providers CinemaNow Inc., Movielink LLC, MusicNow LLC, Napster LLC, VirginMega France and Yacast
      * Consumer electronic device manufacturers Archos SA, Creative, Dell Inc., Digital 5 Inc., iRiver International, PRISMIQ Inc., PURE Digital, Rio, Samsung Electronics Company Ltd., SimpleDevices Inc. and 2Wire Inc.
      * Chip makers BridgeCo AG, Equator Technologies Inc., Imagination Technologies, Micronas, Motorola Inc., Sigma Designs Inc. and SigmaTel Inc.
      * HP
  54. Even if DRM works, it won't help security by xyote · · Score: 1
    Standard business practice means that you do business with some pretty sleazy and shady characters without asking too many questions. So being DRM certified won't mean using such is safer. The fact of this can be verified by reading the contractual documentation which will limit the liability of the DRM service providers in case anything bad happens to you from those sleazy and shady characters.


    But it will be good for the established sleazy and shady characters as it will limit competition from the upstart sleazy and shady characters who will find higher barriers to competition. "legitimate" spyware vs. illegitmate worms and virii. Did you think spyware would have any problem getting a DRM certification?

  55. You didn't read the article, did you? by rfc1394 · · Score: 4, Insightful

    How many people want to make a copy of anything?

    A lot of us would like to protect material from damage or destruction, or would prefer not to keep subjecting our originals to constant exposure to use. (This was more of an issue with tape because of friction.) Or maybe I don't want to have to buy two copies of the same disk or tape because I don't want to have to keep a copy upstairs and a copy downstairs in order to watch it. I can afford to buy duplicate 50c-$1 used books; buying, say, 500 duplicate DVDs at 15-30 bucks a pop is out of the question. My sister has a DVD player in her room that holds 300 discs. It also has a system to allow you to type in the names of every disc. You can use the remote (if you're masochistic or a lunatic) or you can (much closer to sanity) plug in a keyboard. But if you remove a disc from the machine, you lose the stored data. (If you take it out and put it back without doing anything else, you're okay, but once you watch any other disc it will lose the stored info. I can't watch any of the disks from her machine without losing the stored disc info unless she does not use the machine at all for anything. Would be simpler for me to make a copy and watch the copy upstairs than to go downstairs, remove the disc, watch it up there, take it back downstairs, then re-enter the stored data for that disc when she's not using her machine. If I was using DVD-RW, I could simply copy the disc, make a copy, watch it, then erase the copy and use the DVD-RW for watching a temporary copy of a different disc. But I can't do that because of anti-copying protections.

    One time I was copying the master CD of an application we make and by accident I dropped it, which scratched it so badly it would no longer work. And I'm careful.

    There are lots of legitimate reasons for making copies of things, none of which has anything to do with piracy.

    To protect your Toy Story Disc from damage by children, you put it in a a safe place, and make them ask you for it before they watch it.

    I've never been a parent but I have the suspicion you've never been either. Do you really expect to keep kids out of any place you can think of to hide things? And it doesn't matter even if you do make them ask; kids can damage things unintentionally in unbelievable ways. And not just kids, either. My sister has a friend whose child comes by to visit. I have to remind this little girl on a constant basis not to slam the door on the car I'm driving. (I have also had to remind my brother, who is over 50 and older than me, not to do the same thing, so it isn't just kids that have problems (he's broken the side mirror on two of the cars I've owned)). This little lady did something to the Windows Me computer we have that completely destroyed the ability for it to boot-up normally; windows kept saying there was a protection error and would not boot. Would come up in safe mode but not otherwise. Reinstall from the CD would not fix the problem. I ended up having to wipe the hard drive and reinstall on bare metal. I'll tell you this: I have been doing programming for over 20 years and I'll be damned if I can figure out how she did it. I'd even be willing to redo the reinstallation of everything if I could see and find out how she did it.

    People keep bringing up the case of Jon Johansen, and Dmitri Skryalov. They neglect to mention that both of them were found totally innocent,

    After spending time in jail and thousands of dollars in legal fees to have to prove they were innocent.

    and in the makers of the garage door openers lost their case.

    After spending thousands of dollars in legal fees to prove their actions were non-infringing.

    Okay, so the law is badly worded to allow these actions in the first place, but we now have soem case law that explicitely spells out the exceptions.

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    1. Re:You didn't read the article, did you? by 91degrees · · Score: 1

      A lot of us would like to protect material from damage or destruction, or would prefer not to keep subjecting our originals to constant exposure to use.

      People were happy with VHS tapes (and record) for years without being able to copy them. Why has it suddenly become an issue?

      This little lady did something to the Windows Me computer we have that completely destroyed the ability for it to boot-up normally; windows kept saying there was a protection error and would not boot.

      This is because she was using ME. :)

      After spending time in jail and thousands of dollars in legal fees to have to prove they were innocent.

      Which may well happen with any new law. Sony and Bob Monkhouse both fell foul of traditional copyright law nad had to spend a lot of money defending themselves. Both eventually won. Does thismean that copyright law itself is bad?

      Consider this for a moment: If I want to use a 10-second clip from a video tape for some explanation in a documentary, say, about how that scene drove someone to kill someone, that's permissible under fair use. But if I decrypt a DVD to get that same 10-second clip, the action of breaking the copy protection on the DVD is illegal even if the use of the underlying material is legal.

      Do you want to do this? I've never met anyone who wants to do this. It's only recently that it's even been possible for most people.

      So as to your point of having a better reason to oppose DRM, I think being able to backup and restore the files on a computer by any reasonable method is a damn good reason.

      Fair enough. Hopefully enough people wil find this a problem that they have to change their licencing scheme.

    2. Re:You didn't read the article, did you? by Scorchio · · Score: 2, Insightful

      Do you want to [copy any use clips from DVD]? I've never met anyone who wants to do this. It's only recently that it's even been possible for most people.

      Even if you didn't want to do this, or you think you don't know anyone else who might want to do this, why should there be artificially created restrictions stopping other people from doing this?

    3. Re:You didn't read the article, did you? by 91degrees · · Score: 1

      Even if you didn't want to do this, or you think you don't know anyone else who might want to do this, why should there be artificially created restrictions stopping other people from doing this?

      Why do you think I care?

    4. Re:You didn't read the article, did you? by Anonymous Coward · · Score: 0

      If you don't care about something as basic as that, then you are not worth listening too.

    5. Re:You didn't read the article, did you? by 91degrees · · Score: 1

      I never said I didn't care. I asked why I should. I'm asking not as a techy who cares about this stuff. I'm asking why an ordinary person who just wants to watch the movies should care.

    6. Re:You didn't read the article, did you? by sprewell · · Score: 1

      DRM has it's place, the problem is the creation of laws that make breaking DRM schemes a crime. Businesses will always be using some form of DRM to manage their customers. Customers who don't want this impediment will take their business elsewhere. If all the businesses band together and cram DRM down your throat, more power to them! It's similar to a union getting workers together to bargain collectively. The problem arises when DRM harnesses the police power of the state to put you in jail or litigate you out of existence. Legislation to make this possible raises issues of totalitarianism and corrupt legislators should be watched avidly and their bills killed before they can passthem (make sure you look at the second comment after the article linked).

  56. unfortunately... by matticus · · Score: 3, Informative
    He got the part about Jon Johansen all wrong. He made it sound like he was trying to defeat region coding by making region coding sound even worse than it is. Jon wasn't trying to defeat region coding. He was trying to defeat CSS, an entirely different beast altogether. Region encoding ensures you only play DVDs from your region, CSS ensures only licensed players can play DVDs regardless of region. I don't like to see misinformation propagated during the "winning people to our cause" phase...Incidentally, Norway and France share a region code.

    /has a region-free dvd player bought legally

    1. Re:unfortunately... by advocate_one · · Score: 2, Insightful

      well amazingly enough, he put the entire text of his article up there into the public domain so you can easily correct it and post a correct version. I'm sure he would also welcome corrections being submitted from his readers as well, as he gets other stuff of his proofread by his reading public.

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:unfortunately... by Anonymous Coward · · Score: 0

      Yes, but breaking region coding is useless if you can't break CSS too - otherwise that one version of the closed source Windows software DVD player is all you can use.

    3. Re:unfortunately... by Anonymous Coward · · Score: 1, Informative

      Why can't you play the DVD? Because your DVD player detects that it's a different region and refuses.

      Why can't you modify the region field on the DVD? Because the DVD is read-only.

      How can you copy the DVD to your harddrive so that you can modify the region field? By defeating CSS.

      So defeating CSS is indeed a way to defeat region protection.

    4. Re:unfortunately... by An+Anonymous+Hero · · Score: 1
      He got the part about Jon Johansen all wrong. Jon wasn't trying to defeat region coding. I don't like to see misinformation

      I disagree.

      I had the same reaction at first, so I re-read while keeping in mind that Doctorow probably knows better, and is phrasing things this way for a reason:

      The DVD is your property and so is the DVD player, but if you break the region-coding on your disc, you're going to run afoul of anticircumvention.

      That's what happened to Jon Johansen, a Norweigan teenager who wanted to watch French DVDs on his Norweigan DVD player. He and some pals wrote some code to break the CSS so that he could do so.

      (Alright, technically he should at least write Norwegian :) What he says is literally true -- it's just that Johansen's 'Norwegian DVD player' happened to be a Linux computer. Whether the impediment comes from geography or OS doesn't and shouldn't make a difference. Except for this: laymen can immediately relate to 'other country' but not to 'other OS'.

      Getting a DVD to play on that 'Norwegian player' requires breaking the very same system that enforces region coding. (I should know, as I have to use VLC to watch the zone 2 DVD that I buy from Amazon.fr -- unless you think I should buy one laptop per region.) So what's the difference? You might say he's 'technically' misleading, but I think it's only fair considering that he's constantly up against the exact same tactic, to the N-th power.

      He's not lying. At some point he's just got to level the field by using the same rhetorics as the opponent.

  57. Re:Counterpoint to "1. That DRM systems don't work by jocknerd · · Score: 1

    Windows DRM hasn't been cracked because there hasn't been a need to. People just copy the music to MP3 and don't worry about the DRM in WMA. If WMA were the only option, I can guarantee that it would cracked in no time.

  58. Raiders of the Lost Art by Knight2K · · Score: 5, Insightful

    Last weekend I went to the Fanzilla Fan Film Convention to see the absolutely brilliant Raiders of the Lost Ark: The Adaptation. For anyone who doesn't know, this movie was the work of three junior high kids back in the 1980's, that were so moved by seeing the actual film, that they decided to remake it shot-for-shot.

    At the screening, they informed us that security guards would be monitoring the audience to make sure none of us were taping the film to distribute it across the net, since it is a reproduction of the original film. As I was watching the grainy film of a 13 year old adventurer mock fighting 13 year olds wearing turbins in the streets of Gulfport, MS, a security guard walked up the aisle scanning with a night vision scope to make sure nobody had any naughty cameras.

    The whole situation just seemed so ludicrous. Nobody was going to mistake this film for the actual Raiders. The point of watching this film was not to be entertained by the movie's plot (though it does hold up well in the re-telling), but in seeing how these kids with limited resources managed to pull off outrageous stunts and ingeniuously improvise set pieces to make a film that actually held together.

    They succeeded bigger and better than you would think. But Industrial Light and Magic doesn't have to worry about their jobs. I still bought the Indiana Jones Trilogy DVD set. In fact, I watched the real Raiders that night when I got home because the kids did such a good job that I felt like seeing the original.

    That fan film may not be creative in the sense of creating a new work from whole cloth. But it was extremely creative in execution, and inspired a few of the kids involved to become a part of the movie business. Ironically, one of them works for a DVD production house.

    I wish more people could see this film; it is truly inspirational. I felt like running out and making my own movie. Why can't it be out there on the 'Net if nobody is going to make money from it? Would it really cut into LucasFilm's profits if someone did make some money on it?

    One of the producers of the film introduced it at the festival and said that they occasionally show it for educational purposes. What kind of message does it send to show kids this film, and then tell them that there are these bizarre boundaries on their creativity? Do they send security to those screenings? I've heard a lot of complaints on this site and others that kids don't do these kinds of ambitious projects anymore. Why do you think that is?

    --
    ======
    In X-Windows the client serves YOU!
    1. Re:Raiders of the Lost Art by eggboard · · Score: 1

      Sure, that sounds pretty ridiculous. But look at it the other way: these kids-then-adults made a totally unauthorized version of a movie that they admired but had no rights to. There's no good reason why one creative artist can completely remake the work of another without permission. There's a compulsory license for music as a special case: any artist can cover another artist's musical works. But I'd argue that has something to do with interpretation: music is a special case because music is a special case.

      I agree that the circumstances were insane, but the better thing to look at is the fact that the rightsholders of the original work allowed this to be shown at all.

      And remember: there's nothing to prevent these guys from having made this movie at all (nothing could prevent that) nor from showing it to friends. It's about distribution and commercial exploitation.

      You can be an amateur all you want regardless of copyright law, but when you want to disseminate your work, there's no good reason that everyone should have the right to compulsory license for all works.

      This is fundamentally about the number of eyeballs viewing the piece and what they're paying for it.

      --
      Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
    2. Re:Raiders of the Lost Art by a24061 · · Score: 1
      There's no good reason why one creative artist can completely remake the work of another without permission. There's a compulsory license for music as a special case: any artist can cover another artist's musical works. But I'd argue that has something to do with interpretation: music is a special case because music is a special case.

      That's an interesting point, but I don't see much difference between the kids' film and tribute bands' performances.

    3. Re:Raiders of the Lost Art by eggboard · · Score: 1

      The compulsory license makes a tribute bands' performance possible because Congress decided that it was in the public's interest to chip away slightly at the performance and recording copyright for music, only.

      The movie thing, I think is different, as would most other forms of copying. You can't, for instance, expect a compulsory license so you could take one of Cory's copyrighted novels and produce a substantially similar novel. That would be too close to the original, and restrict his rights in the marketplace. Cory can choose to allow someone to publish a novel similar to his own, and in fact has used the Creative Commons license to allow just that. But he can't be forced.

      Likewise, I'd argue that visual moving media like film and television would suffer from compulsory license in the sense that a popular work wouldn't receive the market's best payment for it. If anyone could either duplicate a film or make a film of a book by paying a flat fee and the creator had no right to object, it would enormously restrict their ability to ever make money off a film of their work because others might be in the marketplace.

      This is arguing from the standpoint that the current method by which artists have to make their living makes sense, of course, and under that system that's practically a lottery based on the market's interest, artists need to preserve as many rights as possible (lottery tickets) in order to potentially cash in. Unfortunately, most artists' rights are actually held "in trust" or as work for hire by media companies, meaning that the system has been subverted from its original intent in providing artists a return on their creative vision.

      --
      Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
    4. Re:Raiders of the Lost Art by Anonymous Coward · · Score: 2, Insightful

      There's no good reason why one creative artist can completely remake the work of another without permission.

      Do you realise what you just said? "Completely remaking the work of other artists without permission" has been the foundation of the whole of art and literature since the flipping dawn of time, and now suddenly there's no good reason for it?

      Okay, look, do you know what the most famous work of literature in the English Language is? Arguably it's Shakepeare's Hamlet. Do you think Hamlet was an original work? I hope not, because in fact versions of the story had existed using that name since around the tenth century AD, and the basic features of the story can be found as far back as written records exist.

      Aha, you say, but that's different. Obviously there's no problem with reusing common themes and revisiting old stories, like Disney always does and so on. You're talking about taking a new creative work, only a year or two after it was first released, and remaking that without permission, and that's a completely different case.

      Except it isn't. Shakespeare's Hamlet was written circa 1600. So how come there are references to performances of a play called "Hamlet" in 1594? Why, because Shakespeare's Hamlet was a close and unauthorised remake of an existing and recent play, of course.

      Shakespeare was a pirate who stole someone else's creative work!

      And in doing so he also happened to create the central work in the canon of English literature.

      Maybe remaking other people's stories isn't such a bad thing after all...

    5. Re:Raiders of the Lost Art by cardshark2001 · · Score: 1
      The movie thing, I think is different, as would most other forms of copying.

      But you didn't show how it is different. Your example was the rewriting of a novel in a substantially similar way. The example we are talking about is an alternate *performance* of a movie, which is completely analogous to an alternate performance of a musical work.

      --
      WWJD? JWRTFA!
    6. Re:Raiders of the Lost Art by eggboard · · Score: 2, Interesting

      Okay, so the difference between music and visual moving works may be the prior existence of compulsory license before the reproduction and creation of films was as easy as it is today. Because we have, what, 80 years of compulsory music license, recording artists know that they can make their money if their music is popular enough to either sell records directly *or* be covered extensively. If Paul Anka sells 10,000,000 copies of a record containing a song I recorded, then I get some real cash even if I had nothing to do with it.

      But visual media is different in that a single disseminated version tends to become the only version, possibly due to the costs. I can sit down and sing a song pretty easily and then cut CDs. But making a movie, even on a Mac using inexpensive software, involves a lot of work to get it to look like a movie and not a piece of crud.

      Because it takes an enormous amount of time and potentially money--it might just take time, as the Raiders guys showed!--to make a film of a work, and because people tend to only put their spending dollars into seeing and renting one version of a work, then compulsory license for allowing remakes of movies based on the same script or based on a book or other work makes it less likely that any writer will ever see large-scale movies made.

      When the two Prefontaine movies came out about the runner, I don't think either did well. How many movies of public domain works from the 19th century? Typically, you get a Disney production, and that kind of owns the slate.

      Perhaps I'm wrong: maybe compulsory license would mean that no one artist gets a big win, like $100,000 or $500,000, but it might also mean that there would be an explosion in cottage filmmaking with garageband movie makers having the same chance to make a movie of a blockbuster novel as a giant studio. Kind of like how the smallest Web site can trump the biggest corporate site.

      But I think movies require too much to make them look right, and I don't think the same necessity of compulsory license is needed to foster creativity.

      --
      Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
    7. Re:Raiders of the Lost Art by a24061 · · Score: 1
      I think the film and TV aspects are definitely a grey area. We agree that for a tribute band to play more or less the same notes and sing more or less the same words is a creative or at least interesting act that benefits the public interest; so is a cover song that constitutes a different interpretation of the same score and lyrics.

      Copying someone's novel in a different font or in handwriting, however, is not.

      But what those kids made certainly seems to me to be a tribute film, and (IMHO) deserves the same treatment as a tribute band's performance of a famous band's live album. (For example, I haven't seen Limehouse Lizzy, but I've been told by a relative that they do an excellent performance, song by song, of Thin Lizzy's "Live and Dangerous" album).

      The important thing to remember is that copyrights and patents are not rights (as our ??AA masters would have us believe) but privileges granted temporarily by the state in order to encourage more expressions of ideas to enter the public domain in the long run.

    8. Re:Raiders of the Lost Art by Knight2K · · Score: 1

      There is a film movement that is defined by a very simple set of rules. Anything that doesn't follow the rules isn't considered a part of that movement. In fact, the number of movies that count are so small, that the films are often identified by number indicating the order they were made. I wish I could remember what the movement was to provide info (and so I could try making one). I do remember that the rules are very simple and easy to do cheaply. The resulting works have been considered to be significant cinema.

      A 'professional' looking work of cinema is in many cases very subjective. I've watch a work that was basically a very long slow zoom across a room with a horrible soundtrack. It was professional piece by an experimental filmmaker.

      Your point is really about economies of scale and the advance of technology. Back in the day, it would have been fairly difficult to press your own 45 and distribute a professional music recording. Professional-sounding musical instruments were pretty expensive. Now I can burn CD's cheaply and get synthesizers that can sound like a whole orchestra of instruments for less than $100. Some day in the future, it may be very cheap to create believable Jurassic Park monsters and armies of orcs. Massive might be a Mac OS XXVI desktop application. Should we have to wait that long for people to make up more stories with these characters? All creative work is built on familiar themes from the past.

      I also respectfully disagree with your view that people don't have different copies of the same movie (read story). How many people bought each edition of Star Wars? How many people have the entire Star Trek collection? The Comte of Monte Cristo has been made into two movies that I'm aware of. There have been many movies telling the stories of Robin Hood, Frankenstein, mummies, zombies, Hamlet, Norman Bates, King Kong, and on and on. Film buffs love to argue over which versions they like the best.

      People like hearing the same stories over and over again. That's where archetypes, myths, and folk tales come from. Joseph Campbell has made everyone sick and tired of his theories on the subject.

      I agree that passing off Spielberg and Lucas' Raiders as your own (if anybody would actually believe that) is wrong. There is a term for it: plagarism. Doing a cheap version may be on the edge of permissible, but it is clear that the makers had no intention of passing off all the work as their own. They followed the rules taught by every teacher assigning a research paper: list your sources. They followed the rules in identifying where the script came from; they are following the current rules about what they can do with the fruits of their labors.

      Creating new adventures featuring Indiana Jones should be allowable after a much shorter period of time then Disney has legislated. The audience for decent films about the character is probably bottomless. People are eagerly anticipating the fourth movie and it is still little more than vaporware. A lot of fun movies could have been made in that time. That doesn't mean I wouldn't want to see Spielberg and Lucas take a crack at it (Episodes 1, 2, and 3 not withstanding).

      A while ago, a short film featuring Batman fighting the Joker, Predator, and the Alien went on-line. The conference linked in my first post has more information on it. Many people have said it was the best Batman movie they've seen.

      At the end of the day, laws are laws, opinions are opinions. I can only go by what I felt in that screening. I would rather live in a world that can freely pump out films about valley girls fighting to destroy the Death Star and 10 year olds hunting archeologists with bows and arrows than a world where creativity is constrained and bottled up. It felt right, it felt good.

      The discourse of the movie studios feels disenfranchising, wrong, and extreme. It feels anti-capitalistic, anti-democractic, and totalitarian. They probably don't mean it that way, and would argue they don't present it that way, but it just doesn't have the same vibe that a few guys in a garage cracking out a film has. Wasn't that the American dream?

      --
      ======
      In X-Windows the client serves YOU!
  59. Re:Irony aka Internet Rule #1 by tsg · · Score: 1

    "Every spelling or grammar flame must contain at least one spelling or grammar error."

    let me simplify

    Sentence not started with capital letter.
    Sentence not ended with period (or other suitable punctuation).

    one should strive it insure that the items

    One should strive to ensure that the items

    what you say?

    "Someone set us up the bomb."

    No this isn't minutia.

    Then you should have taken more care in your own post.

    --
    People's desire to believe they are right is much stronger than their desire to be right.
  60. You build a good strawman by cardshark2001 · · Score: 2, Insightful
    But you fail to attack the meaty arguments in the speech. Sure, it's stuff we've all seen before, but your reaction doesn't bear a whole lot of resemblence to the actual article.

    One point you fail to address is that competition and innovation are good, in the end, for the artists. When VHS machines came out, the MPAA screamed that it was the end of the universe and they were going to take their marbles and go home if congress didn't stop it. Well, lo and behold, an entire industry was created for renting and selling videos which not only added to the MPAA's bottom line, but in some cases actually surpassed box office sales. The very industry screaming for ARM (analog rights management) actually ended up benefiting greatly from the thing they were trying to control, because they lacked the vision to see what it would do for them.

    I'm not going to sit here and pick apart your strawman, you seem pretty proud of it. I'll just say that where it even resembles the very insightful speech Cory gave, it's too simplistic to be considered anything other than a (*cough*) troll.

    --
    WWJD? JWRTFA!
    1. Re:You build a good strawman by cubicledrone · · Score: 1

      but your reaction doesn't bear a whole lot of resemblence to the actual article.

      Because it would be redundant. This has been argued over and over again. Intellectual property (or whatever the phrase is) cannot be made "obsolete" by whatever new technology, or the economy will collapse, period.

      --
      Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
    2. Re:You build a good strawman by CaptKilljoy · · Score: 1

      >One point you fail to address is that competition and innovation are good, in the end, for the artists.

      A) Sez who? All Mr. Doctorow demonstrated is that competition in distribution mediums is good.
      B) Good in the end or not, shouldn't the people who actually create the stuff be the one to decide what their own best course of action is?

      >Well, lo and behold, an entire industry was created for renting and selling videos which not only added to the MPAA's bottom line, but in some cases actually surpassed box office sales.

      Yeah, but now the cost of copying is *zero*. Unlike Bibles, piano rolls, and videotapes, it's really, really tough to build a business model on zero.

    3. Re:You build a good strawman by cardshark2001 · · Score: 1
      Yeah, but now the cost of copying is *zero*. Unlike Bibles, piano rolls, and videotapes, it's really, really tough to build a business model on zero.

      You (implicitly, sarcastically) complain about recycled arguments, yet here you are doing the same thing. You have this notion that people just won't pay for what they can get for free (you would probably say steal). How do you explain then, the incredible success of ITunes? Do you think ITunes would be less successful if it didn't have light DRM?

      It's obvious you have a very cynical view of human nature. I say give people half a chance and they'll be happy to pay for content. Limit their options, and they'll go around you to get what they want. That was the thrust of Doctorow's argument, and one which you can't refute merely by ignoring it. The more restrictions you lay on, the more annoyed your actual customers (you know, the ones who keep you in the biz) are going to get, and in the end you only hurt your best customers, you don't stop infringement.

      Perfect example: CD in-the-drive copy protection for games. Why does it continue? I pay for all my games and it annoys the hell out of me that I have to keep up with that plastic disc. Does it stop the people who are bound and determined to rip off the authors? No. A crack comes out the same day the game is released, and that's all there is to it. Furthermore, if I, the legitimate purchaser, run a crack so I don't have to dig up the stupid CD for a game I haven't played in a year, I'm violating the law.

      Put it in hardware, smart people will find a way around that too.

      Did you even read the speech? It sure doesn't seem that way.

      --
      WWJD? JWRTFA!
    4. Re:You build a good strawman by CaptKilljoy · · Score: 1

      >You have this notion that people just won't pay for what they can get for free (you would probably say steal). How do you explain then, the incredible success of ITunes? Do you think ITunes would be less successful if it didn't have light DRM?

      What success? The issue is the success of ITunes relative to existing music sales, not that of ITunes itself.

      In any case, ITunes illustrates the truth of the first statement perfectly; someone went to the trouble of cracking ITunes, even though it had as minimal and friendly DRM as possible, and people are using that crack. Even if all DRM schemes were as minimal as ITunes, some fellow would still crack them and we would be in exactly the same situation as we are now.

      >I say give people half a chance and they'll be happy to pay for content. Limit their options, and they'll go around you to get what they want.

      People have the chance to pay already. What you're saying that people should be able do is dictate what artists are willing to sell, against their will.

      >That was the thrust of Doctorow's argument, and one which you can't refute merely by ignoring it. The more restrictions you lay on, the more annoyed your actual customers (you know, the ones who keep you in the biz) are going to get, and in the end you only hurt your best customers, you don't stop infringement.

      Au contraire, sir, I tackled it head on and ground it to a fine powder. Mr. Doctorow makes a fine case about the futility of DRM, but does not make any convincing business argument for those who want DRM or make DRM that they will be better off without it. Every model Mr. Doctorow cited had a media manufacturing cost to which some sort of compensation could be attached and some difficulty which prevented copying (e.g. videotapes had signal degradation where copies had less quality than the original). Now the cost of copying is zero and each copy is perfect.

      "Limit their options, and they'll go around you to get what they want"...and what they want (and what they can now do) is to get it for nothing. I have but to point to BitTorrent and the first incarnation of Napster to demonstrate that. There is no business model that works on nothing.

      >Did you even read the speech? It sure doesn't seem that way.

      Stooping to ad-hominems, eh? Well, apparently, I've actually given some thought about the content of the speech and its implications instead of just swallowing it's optimistic notions whole because it jibes with my ideology like you have.

    5. Re:You build a good strawman by cardshark2001 · · Score: 1
      Do you work for the RIAA? Before you answer that I am attacking you ad hominem, working for the RIAA is not an insult, a priori. Anyway, this is what you wrote.

      What success? The issue is the success of ITunes relative to existing music sales, not that of ITunes itself.

      You write that as though it is an established fact. Your premise is that the music industry is making less money than it is owed, as though there is a social contract between us and them to give them money.

      There are a few reasons why this is wrong. First of all, if you are the music industry, these people are your customers. If you accuse your customers of being thieves, they won't like it very much. It's bad business, even if it were true.

      Secondly, you must be making some sort of assumption about the dropping record industry sales and "theft of IP", as you would put it, as though the sales would be much higher but for everyone "stealing it". Am I correct in my assumption here?

      You fail to see that $16 is a lot of money to most people. The minimum wage is still $5.15. If you make that much money, you practically can't buy that Beatles cd (which are still priced sky-high), because you won't be able to catch that new Tom Cruise movie. Entertainment is a discretionary, budgetary item. There's only so much people will pay for it, and some bad will goes a long way, as there has been with the music industry.

      Take my case for example. I don't download illegally. I admit that I have downloaded music off of P2P in the past. I stopped that years ago, when I realized that it was the wrong thing to do, and I deleted all the music I had gotten that way. From that time on, I only bought 2 CDs. They were both new albums from my favorite bands, which I would have bought in any case.

      People like to support their favorite bands, they like to think of them as successful and they like to participate in that success. Even when I downloaded cds, I never downloaded my favorite bands. I bought the cds, and paid an exorbitant amount for them, grudgingly. You'll say that I am alone in that regard, but I'm not. I know I'm not because I know several other people who feel the same way.

      Now I have ITunes, and I've got basically what I wanted the whole time, and I can support my favorite artists too. The RIAA is gonna make good money from me, and I hate that fact because I hate what they stand for. If it were not for ITunes, they would only get about $30 per year out of me, for my favorite bands' releases.

      If the RIAA managed to quash downloading altogether, they might manage to squeeze out a little extra money. Some people really do just download everything and feel good about it. But there are more people like me than are accounted for in their "studies".

      People have the chance to pay already. What you're saying that people should be able do is dictate what artists are willing to sell, against their will.

      The artists? Get real. You mean the industry. Can you really say that the artists wouldn't rather give people the option to download their music for a fee? You speak for them? If that's not what you're saying, what is it?

      Au contraire, sir, I tackled it head on and ground it to a fine powder. Mr. Doctorow makes a fine case about the futility of DRM, but does not make any convincing business argument for those who want DRM or make DRM that they will be better off without it.

      Business is about people. You catch more flies with honey than with vinegar. I know, it's old, and it's corny, but it's true. If you try to force people into your business model because you control something that you think they are forced to pay for, and you feel that they owe you money just by existing, you just might find out that you were wrong, in the end. Cory's argument was about human psychology. You say you attacked it head on, but all you did was spout a bunch of assumptions as fact. Give me a break, you didn't even bother to cite any RIAA studies.

      Music is about people. It'

      --
      WWJD? JWRTFA!
    6. Re:You build a good strawman by CaptKilljoy · · Score: 1

      >Do you work for the RIAA? Before you answer that I am attacking you ad hominem, working for the RIAA is not an insult, a priori.

      I do not work for the RIAA nor am I affiliated in any way with the music industry. I speak only as a devloper who is interested in technology trends.

      >You write that as though it is an established fact. Your premise is that the music industry is making less money than it is owed, as though there is a social contract between us and them to give them money.

      Quite the opposite; I agree that no individual or corporation is owed a living. However, this discussion is in the context of convincing businesses with interests in DRM to change their course. My contention is not that DRM is good or the RIAA is right, but solely that Mr. Doctorow did not provide any convincing reasons for people to stop pursuing DRM.

      >>People have the chance to pay already. What you're saying that people should be able do is dictate what artists are willing to sell, against their will.
      >The artists? Get real. You mean the industry. Can you really say that the artists wouldn't rather give people the option to download their music for a fee?


      Fine, substitute "artists" with "artists and the music industry" or just plain "seller". The point is that the seller is saying "I'm willing to sell a copy of this song on a CD for X dollars, but I am not willing to sell it in any other format". The listener is then saying "I want the song as an MP3 so I will take a copy of the song from you against your will anyway." Tell me how this is different than "Limit their options, and they'll go around you to get what they want". If it isn't, tell me how this isn't *wrong*.

      >>Au contraire, sir, I tackled it head on and ground it to a fine powder. Mr. Doctorow makes a fine case about the futility of DRM, but does not make any convincing business argument for those who want DRM or make DRM that they will be better off without it.
      >Business is about people. You catch more flies with honey than with vinegar. I know, it's old, and it's corny, but it's true. If you try to force people into your business model because you control something that you think they are forced to pay for, and you feel that they owe you money just by existing, you just might find out that you were wrong, in the end. Cory's argument was about human psychology. You say you attacked it head on, but all you did was spout a bunch of assumptions as fact. Give me a break, you didn't even bother to cite any RIAA studies.


      And you accuse me of not reading? Read again what I wrote: "Mr. Doctorow makes a fine case about the futility of DRM, but does not make any convincing business argument for those who want DRM or make DRM that they will be better off without it." I didn't say that DRM is good or that the RIAA is owed money. All I said that your opinion stated in the second paragraph of your original post (competition being good for artists) is not proven by Mr. Doctorow's speech because his analogies were bad (for reasons previously outlined) and that he thus provided no business case for dropping DRM, so people are (quite correctly) not going to listen.

      To simplify it even further: Honey costs money, sonny. Doctorow didn't show them how they can make more money, so they're not going to put out any honey.

    7. Re:You build a good strawman by cardshark2001 · · Score: 1
      My contention is not that DRM is good or the RIAA is right, but solely that Mr. Doctorow did not provide any convincing reasons for people to stop pursuing DRM.

      Yes he does. It's really simple.

      Given the fact that DRM has never, ever, ever stopped determined attackers from breaking in, DRM merely ends up inconveniencing the honest people. And the people who are honest and are paying for your content are otherwise known as your "customers". So if you add all this DRM that inconveniences your customers, and doesn't stop people who are determined to rip you off, it doesn't do you good. It harms you.

      "Mr. Doctorow makes a fine case about the futility of DRM, but does not make any convincing business argument for those who want DRM or make DRM that they will be better off without it."

      The fact that it is futile is itself a convincing business argument against it.

      To simplify it even further: Honey costs money, sonny. Doctorow didn't show them how they can make more money, so they're not going to put out any honey.

      Err.... actually, DRM costs money. It costs money to implement these schemes, that, in the end, even you have admitted are probably futile. Furthermore, the more DRM you put in, the more you inconvenience your honest customers, whereas you don't stop the pirates, or even slow them down considerably. All that was in the speech. You haven't even bothered to try to dispute it, yet you say you "attacked his arguments head on". You haven't even come close.

      --
      WWJD? JWRTFA!
  61. What about the promise of the World Wide Web? by Anonymous+Writer · · Score: 3, Interesting

    His article is impeccably, thorough, and articulate. The research and timeline used to explain his points were... well... I can't even fucking come close to writing like that which is obvious at the moment. Like the story submitter said, it was fantastic. He clearly points out the problem with great detail. However, he doesn't propose a solution.

    When the World Wide Web was introduced, it seemed like a godsend; now books would be published electronically, libraries could be digitised, and anyone anywhere in the world would be able to search through them and read anything. Yet that isn't how things have panned out, even after years of its existence. The Internet has become an indispensable research tool, but it turned out to be something very different from a library. Information comes in bits and pieces, squeezed within a clutter of navigational panes and advertisements. Web pages have the flashy, disorienting visual effect of grocery shelves. It never turned out to be the coherent electronic medium for publishing that it was meant to.

    The way corporations are implementing DRM does not address this issue by design. DRM is meant to secure profit for corporations, while constraining the potential of technology to fit in an antiquated business model. Yes, authors, musicians, film-makers, and everyone involved in creating forms of media must make a living. Yet the internet must also be allowed to reach its full potential in allowing people to access their works. There must be a way of allowing both to happen.

    1. Re:What about the promise of the World Wide Web? by sirenbrian · · Score: 1

      I think his proposed solution is NO DRM - the Old Guard are seeing their business model being threatened by new technology, but this is just the latest in a long line of such situations. Each time this has happened, it results in a BIGGER MARKET being created, one which sees more content created and purchased.

      The Old Guard (read: "anyone who wants to use DRM") is using legislation and technology to try and keep things the way they are, or rather, "like they are but on the Internet". I believe Cory is saying that the Internet should be unfettered, and certainly that constraints shouldn't be used to protect the old way of doing things. We'll all be better off just letting go and seeing what happens. Like they're doing with Net taxes and "controlling" porn. Funny how those two issues get a "wait and see" response, but copyright gets locked up faster than you can say "Senator's re-election campaign funds." Could it be they've got more and louder lobbyists ? Read Larry Lessig's "The Future of Ideas" for more on that train of thought.

      And I agree :)

      --
      Brian Smith "Jokers and aces, bruisy and blackfern" - Steve Kilbey, Day of the Dead.
    2. Re:What about the promise of the World Wide Web? by Ann+Elk · · Score: 2, Insightful

      He does propose a solution: Microsoft should a) grow a pair of balls, and b) tell the RIAA to fuck off. Building a "record player that can play anything" (his phrase) is the first step.

      The problem is Microsoft sees DRM not just as a way to protect music and video; it's a way to protect Microsoft software. This is Microsoft's real motivation and, unfortunately, the reason this won't just go away soon.

    3. Re:What about the promise of the World Wide Web? by Anonymous+Writer · · Score: 1

      Building a "record player that can play anything" (his phrase) is the first step.

      The thing is, that is what the WWW has been for literature for over a decade. It is a medium that any book can be published on, but it never took off as one. He does propose half a solution in telling Microsoft what not to do, mainly by not applying DRM to constrain material. But he doesn't say what kind of business model Microsoft should implement in order to allow people to earn a living producing material. Although, in all honesty, I don't have a clue myself what that would be.

    4. Re:What about the promise of the World Wide Web? by Anonymous+Writer · · Score: 1

      Read Larry Lessig's "The Future of Ideas" for more on that train of thought.

      I was hoping that "The Future of Ideas" website was a version of the book published on the web, but no, it's basically just an ad for the book. :)

    5. Re:What about the promise of the World Wide Web? by CaptKilljoy · · Score: 1

      >He does propose a solution: Microsoft should a) grow a pair of balls, and b) tell the RIAA to fuck off. Building a "record player that can play anything" (his phrase) is the first step.

      That's not a solution because it's missing a couple of vital ingredients; "Growing a pair of balls and telling the RIAA to fuck off" doesn't present a opportunity to make more money than they would by pursuing DRM and "Build a record player that can play anything" is not a business plan.

      Businesses aren't driven by ideology, you know. Until he comes up with a real incentive, Mr. Doctrow's words will fall on deaf ears at Microsoft and every other corporation.

  62. Re:Counterpoint to "1. That DRM systems don't work by blowdart · · Score: 1

    I don't accept that. AAC/Fairplay was "cracked" (again it's stipping the encryption - not breaking it), even though people copy music to MP3

  63. Re:Irony aka Internet Rule #1 by lobsterGun · · Score: 1

    Thanks for the feedback.

    For Great Justice!

  64. The intellectual battle is already over by Anonymous Coward · · Score: 0

    When real free-market think-tanks are publishing their material on the Web there is no justification left for DRM. Works that are put into formats that are easily archived and copied will be preserved. Over half of all of the movies made by commercial studios have already been lost through degradation of the media. I like to believe that some of what I write will be worth reading in a century or two. Perhaps the general public won't have any interest since they don't seem to have much now. But my descendants might. I intend to make sure that they can read it. DRM schemes enforced by hardware and software that will be long-dead by then won't help.

  65. When I get a job... by greyfeld · · Score: 1

    that doesn't just pay a living wage, but a "buy all the over-priced CD/book/movies I want wage"?

  66. MODERATOR ABUSE by Anonymous Coward · · Score: 0

    Moderator take a look at the comment above.

  67. Re:Counterpoint to "1. That DRM systems don't work by mukund · · Score: 1

    I disagree with it TheGavster. It must have been some primitive form of signing firmware updates. With modern crypto you can't logic probe your way around and break crypto. It is a hard math problem. Even if you do have the public key for verification, you can not break the system if it is properly implemented as determining the public key to -make- that signature is a very hard problem.

    What can be done is probably modify the firmware by programming the flash memory directly, which needs access to tools which the average consumer doesn't have. Even this is stopped in some implementations of hardware crypto today where the device is rendered unusable if tampering happens. Although this is used to protect keys in such devices it can be used for other reasons too.

    It'll take some time for such hardware to become popular, but it'll happen sometime if digital rights management is taken up by corporations strongly.

    --
    Banu
  68. Quit with the posting the article, already by Julian+Morrison · · Score: 1

    It's a .txt file, it's not going to get slashdotted, it's not going to get taken down or altered in situ. So why the heck are you posting the whole durned thing into the comments section?

  69. Re:Counterpoint to "1. That DRM systems don't work by mukund · · Score: 1

    You have a good point that once a copy is cracked and in the open, it's already unprotected. I don't know how they would counter that.

    Watermarking can be used to stamp content with the recipient's identity, but there are many counter-algorithms out there to destroy such watermarks.

    --
    Banu
  70. They don't care! by yoshi_mon · · Score: 2, Insightful

    There is no market demand for this "feature." None of your customers want you to make expensive modifications to your products that make backing up and restoring even harder. And there is no moment when your customers will be less forgiving than the moment that they are recovering from catastrophic technology failures.

    They know this and they don't care. They are going to, once again, leverage their monopoly to try and change the market.

    And sadly, even if their customers are so unforgiving it is a long strech to see joe-sixpack and sally-homemaker deciding to break with everything they know and install Linux or makeing a whole new investment in a Mac.

    At the end of the day they will grumble and bitch but swallow that bitter pill and reinstall Windows and deal. MS knows this and so does its partners.

    --

    Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
  71. Re:Counterpoint to "1. That DRM systems don't work by mukund · · Score: 1

    Key pair encryption? Reverse engineer the software, and then do a man in the middle attack, poof, you've either got the encrypted data, or at least another key.

    You can't just reverse-engineer the software as you say, or do a man-in-the-middle attack and get the -decrypted- data or keys.

    Reverse-engineering of crypto-algorithms (by that I suppose you mean breaking/cracking them as if you want to know their implementation, the source code and algorithms of the popular crypto ciphers are widely published) such as RSA is an impossible problem as it stands today. It could also be implemented in hardware which will clear itself of its code and data if you try to open and find its contents.

    --
    Banu
  72. Talk to the hand! by Anonymous+Writer · · Score: 2, Funny

    He makes a great case for why DRM is bad for society, business, and artists, why it simply don't work, and why Microsoft (the audience for this talk) should not invest in it.

    He's going to talk to Microsoft about this? He might as well go talk to a wall.

  73. digital content by 12357bd · · Score: 1

    Any form of digital content is just a number, maybe a big number, but nothing more than a number.
    Is stupid to try to 'hide' or 'protect' numbers.

    --
    What's in a sig?
  74. Re:Counterpoint to "1. That DRM systems don't work by mukund · · Score: 1

    Even if you do have the public key for verification, you can not break the system if it is properly implemented as determining the public key to -make- that signature is a very hard problem.

    Sorry I meant private key there.

    --
    Banu
  75. Re:Counterpoint to "1. That DRM systems don't work by Anonymous Coward · · Score: 0

    What do you mean by "stripping the encryption"?

    Decrypting? If yes, why don't you just say decrypting?

  76. Re:Counterpoint to "1. That DRM systems don't work by Anonymous Coward · · Score: 0

    > "yank the keys out, bypass the cipher"

    Huh? What the hell is that supposed to mean?

  77. DRM Observations by glenstar · · Score: 4, Insightful
    DRM is a ridiculous response to a ridiculous problem. The problem being, how do you protect a copyrighted work from flowing freely amongst Internet users? And, before you say that music/data/software/etc... wants to be free, understand that under current copyright law, copyright holders must make a "reasonable effort" to protect their copyrights to receive protection. Is it a reasonable attempt at protection to put out a product that anyone can copy and distribute freely? No. Is it fair to the consumer to severely limit their use of the copyrighted material after purchase? No. Hence, we have a bit of a conundrum.

    What iTunes, et al, do with DRM is actually very lenient in light of what the 5 majors want (and are actively seeking). They have appeased the RIAA and brethren by perpetuating the illusion that digital material can be fully protected. In reality, all that these DRM schemes have done is place a bump in the road... and a pretty insignificant bump at that. However, that is the price that they (as retailer) must pay to allow major label content to you (the consumer).

    There is a bit of a solution though. Companies like mine, AudioLunchbox, Magnatune, and a few others, are skirting the entire DRM issue by offering indie and quasi-major label material (eg, a compilation put out by an indie that contains tracks by major label artists).

    As time goes on, I sincerely believe that DRM will become *less* of an issue, as the majors begin to realize that while they need to aggressively protect their copyrights, they also need to make sales to the consumer. In the interim, please support those of us who are working to bring you quality music unfettered by DRM.

    1. Re:DRM Observations by dyfet · · Score: 1

      "understand that under current copyright law, copyright holders must make a "reasonable effort" to protect their copyrights to receive protection"
      --
      This is untrue. In fact, even further, under current copyright law, since 1989, all published work is automatically presumed to be copyrighted by default without any effort on anyones part unless specifically stated otherwise.

      It is true that depending on what level of effort is made to "protect" a copyright does impact the kinds of damages one can collect from someone infringing, but copyright itself is presumed valid even if no apparent action whatsoever is taken, and even if no actual copyright notice is present; it is implicitly implied unless stated otherwise.

    2. Re:DRM Observations by Anonymous Coward · · Score: 0

      ...understand that under current copyright law, copyright holders must make a "reasonable effort" to protect their copyrights to receive protection.

      The word you mean is 'trademark'. A work is copyrighted at creation. A trademark must be defended, or become generic, ie "Kleenex".

      On the other hand, authors who publish through Baen may distribute thier works for free in ASCII format to the world at large, but they are still the copyright holders of the works they authored.

      Once again, the lumping effect of "Intellectual Property" rears it's ugly head.

      TFOAE, copyright holder

    3. Re:DRM Observations by glenstar · · Score: 1

      You are correct and that was my brain quashing two items together.

    4. Re:DRM Observations by Anonymous Coward · · Score: 0

      Easy to do. There are poeple in the debate who willingly mishmash copyright, trademark, and patents into one lump, in order to garner the most favorable defenses to thier positions on any of the three. Ergo, it can be expected that people would confuse what are really three distinct concepts, when referred to as "intellectual property".

      (Funny, I just had a colleague ask me "hey, you actually post to slashdot?", and in the ensuing discussion, make the exact same confusion.)

      So, you also say;
      Is it a reasonable attempt at protection to put out a product that anyone can copy and distribute freely? No. Is it fair to the consumer to severely limit their use of the copyrighted material after purchase? No. Hence, we have a bit of a conundrum.

      Given the clarification, does the first question really apply? If not, I'd put this question out there; why does there need to be a compromise with the customer's freedom to do what they will with thier purchase, given that copyright infringement is an offense regardless of DRM?

      TFOAE, why does God need a starship?

    5. Re:DRM Observations by Alsee · · Score: 1

      mishmash copyright, trademark, and patents into one lump... three distinct concepts

      And trade secrets! Don't forget that trade secrets! Four distinct concepts. And of the four that is the one most wildly different from all the others, and the one that causes the most absurd confusion when you mix them, lol.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:DRM Observations by Anonymous Coward · · Score: 0

      So true!

      I feel like I'm a Python sketch...

      TFOAE, let me come back in...

  78. XBOX : practice for "free" hardware? by yow2000 · · Score: 1
    What if a PC+Windows was suddenly *cheaper* than buying a PC without Windows?

    The only price being freedom?

    Game consoles are often sold at cost (or lower), with the money made up on games (free the razors, sell the blades). Cheaper consoles means a more widely adopted platform, means a bigger market, and a bigger pie for all partners.

    Intel and Microsoft might really try this, because right now, they're both in tremendous trouble: back-compatibility is their key asset, but they both want to break it (Longhorn, Itanium 64-bit). This could be a way to do it.

    The question is: can Microsoft dominate the PC hardware market? They're already sewn-up the third-party market with their driver signing... and free (or at cost) hardware is simply impossible to beat - provided they can make it cheap enough.

    It could even be argued that they were doing a great thing, by ushering in the next price-point for computers, making them affordable to everyone, including the untapped markets of the third world...

    What price freedom?

  79. Riiiight... by Badanov · · Score: 0, Flamebait

    And the second someone pirates his work, he will be at the front of the line screaming for DRM.

    --
    Dawn of the Dead
  80. Re:Irony aka Internet Rule #1 by Anonymous Coward · · Score: 0

    Might I add, "Mr. VerdeRana wants us to go and spread this message far and wide."

    These were just typos and not a failure in understanding of the language. However, I think many errors are less a result of a lack of understanding than they are a result of a lack of applying understanding. That is...

    Learn to proofread, people.

    Now I'll just wait for somebody to point out ironic errors in this post.

  81. Let's not let facts skew our judgement !! by Anonymous Coward · · Score: 0
    .

    Let's not let facts skew our judgement !! Joe Friday types we aren't !!

    .

  82. I'd give more credence to Doctorow if... by Anonymous Coward · · Score: 0, Troll

    he was a US citizen or was to become one.

    1. Re:I'd give more credence to Doctorow if... by ZB+Mowrey · · Score: 1, Flamebait

      Coming from a US Citizen (born, raised, and indoctrinated)... this makes you an ass. I'd give more credence to your opinions and skills if you weren't an AC. Or a troll.

      --

      Self-referential sigs are rarely entertaining.

  83. come on, the guy said b0rked by sevinkey · · Score: 1

    I really wish he wouldn't use those types of terms. They may seem cool when you're reading them on slashdot, but to a Microsoft exec (or any other company for that matter) is going to picture a pissed off 15 year old locked in his bedroom whenever they see nonsense like this.

    I'm not always formal online, but I'm always professional when dealing with business. This seems like a time to be professional.

  84. remixing by sevinkey · · Score: 1

    I know first-hand that BMG is wanting to sell DRM encrypted wma files the mixers and movie sound-effect houses, but they want to remove the DRM encryption once it gets to the end user, and use the DRM as a way for safe transit.

    Obvious holes in this security plan, just like installation keys, but in their view it's better than nothing.

  85. We've Lost the Battle (Re:DRM) by JamesOfTheDesert · · Score: 1
    The problem with DRM is that it's got a name that people might consider making it the only right-management-related concept ...

    The problem with DRM is that people who should know better *still* do not call it what it is: Digital Restrictions Management.

    So long as this those pushing this can continue to pretend that this is about protecting their so-called rights, the harder it is to argue against it.

    Either call DRM what it is, and don't cede the moral high-ground, or just give up now.

    --

    Java is the blue pill
    Choose the red pill
  86. Best Quote by SpyPlane · · Score: 1

    "Do it again! This is a company that looks the world's roughest, toughest anti-trust regulators in the eye and laughs. Compared to anti-trust people, copyright lawmakers are pantywaists. You can take them with your arm behind your back."

    --
    "We need a fourth law of Robotics: Stop Fingering My Wife"
  87. Reminds Me of a Joke by Bob9113 · · Score: 1

    This whole situation reminds me of a joke:

    A man went to see his new house under construction. As the contractor was showing him around, every few minutes the contractor would walk to a window and shout, "Green side up, Brown side down!" After a few repetitions of this ritual the new homeowner asked what the contractor was doing. "Simple," replied the contractor, "we've got <insert ethnic class here> laying the sod for your new lawn, and I need to keep reminding them to put the green side up."

    I imagine Cory and Larry and others like them walking to the window of the burgeoning digital media market and shouting, "Create what your customers want, don't crap on them," then turning with a wink and saying, "We've got corporatists building the digital media infrastructure, I have to keep reminding them how to increase sales in a capitalist society."

  88. Its a new world, old rules may need to change by SideshowBob · · Score: 3, Interesting

    The point of Doctorow's talk was that yes of course copying the bits is cheap and so people will do so. BUT in the past, faced with changing technology, the artists, authors, musicians, etc. have always found a way to adapt to the new environment and prosper even more than before. Today's artists are faced with the same challenge, and must not stick their heads in the sand and try to DRM away all the changes to the world and return to yesterday's status quo. We (society) may need to poke and prod them along a bit to get them to go down the right path.

    Here is how I see this playing out, take musicians: lets imagine a world where musicians realize that they don't need publishers anymore (at least, not old guard publishers); instead, they put their own copies of their studio recorded music out on the filesharing networks free for anyone to download. They make their living by doing a combination of other things a) live concerts INCLUDING streaming broadcasts on the internet b) limited runs of collector's editions a.k.a. box sets, artistic packages, etc. c) any number of new ways to do things that I can't imagine because they haven't been invented/popularized yet.

    Regarding A: yes anyone can rip the stream and make it available for download. But what you're attempting to do is to get society back into a mode where it appreciates live musical performances and values them accordingly. In other words, going back to the pre-piano player days. But this time you aren't limited to only being able to play in front of a roomful of people at a time. The challenge will be keeping the performances interesting and entertaining. Today's artists (Britney) aren't simply going to be able to take a road-show from city to city doing the exact same choreographed dance moves and expect people to tune in to broadcast after broadcast. Fortunately there are musicians out there that actually play music and know how to improvise. Hey I know its a crazy idea but there once was a time when people actually enjoyed music like jazz that by its very nature is changing.

    Regarding B: there is a market right now for art books. Books that tell a story but do so with a collage of words, pictures, and tactile experiences. These are generally expensive to produce, especially the ones with hand-made art. So the print run is limited. But that's a good thing. You can sell them for $100 or $200 to a limited audience of really enthusiastic fans. How about a box set of a new CD release from your favorite band that has hand copied liner notes, or maybe hand copies of the original sheets that the song was written on (scribbles and all), would you buy it? Maybe not, but I'm guessing there are fans that would.

    Regarding C: I don't have a magic crystal ball but I'm still confident that artists and musicians will come up with new and interesting ways to display their art to society and hopefully these new models will not be so dependent on owning a stranglehold on disseminating the actual bits. Just as player pianos begat pre-recorded publishing in the first place, the internet will beget new ways of disseminating art that we may not have thought of yet at this early stage of the game. The fellow (or gal) that comes up with this new scheme stands to make a pretty penny selling it to the artists.

    The entire premise of today's movie and music business is that you can make a fortune by controlling a stranglehold on dissemination. Well, that stranglehold has been loosened, time to find some other way. The stranglehold on distribution itself is a relatively modern happenstance, so this idea that its an artist's god given right to be paid handsomely for each note of his or her creation every time it gets played is a strange one, historically speaking. This evolution will require some effort on the part of the artists, but also some changes in society. Re-acquiring appreciation for live performances and musical improvisation and substance over style. Am I optimistic? Maybe overly so, time will tell.

    1. Re:Its a new world, old rules may need to change by Bitmanhome · · Score: 1
      The entire premise of today's movie and music business is that you can make a fortune by controlling a stranglehold on dissemination.

      No, the business is premised on music being a valuable product all by itself. Artists shouldn't need to create a whole string of side businesses to pay for the music; artists should be able to focus on their talent and make money directly off it. Right now they can, and that's why American pop music is desired all round the world.
      --
      Not that this wasn't entirely predictable.
    2. Re:Its a new world, old rules may need to change by DShard · · Score: 1

      No, It is based on monopoly and physical distribution. just stop and think about what "copyright" means? The price set for CD's and DVD's has nothing to do with the "value" of the entertainment. It has more to do with the fact that there is only one distributer, who is not the creator of the work. What DRM really does is lock out competition of individual creators poring product into the market which now has nearly zero cost for duplication. They are not fighting the end user, their fighting to keep the keys to distribution. Piracy is a red herring.

    3. Re:Its a new world, old rules may need to change by CaptKilljoy · · Score: 1

      >We (society) may need to poke and prod them along a bit to get them to go down the right path.

      Before you go down this route, remember why Alan Turing took his own life.

  89. My only complaint ... by Catiline · · Score: 4, Insightful
    My prime -- and perhaps only -- complaint with Destructive Rights Manglement is that the media companies want to use it as a catch-all regieme, not for the few places where it would be most effective.

    The music and movie studios rant and rave about how piracy is their target with this whole DRM push. Fine -- DRM the movie reels, the review disks, the portions of the chain that are never held by a paying customer, the portions that have in fact have been repeatedly shown to be the source for piracy, and drop those restrictions at the end of the supply chain.

    DRM your business lines boys, not the end product. That way we know you're fighting the pirates -- after all, if you only DRM the end product, somebody might get the mistaken idea you're fighting the customer!
  90. If you treat your customers as criminals... by Anonymous Coward · · Score: 0

    ...maybe you shouldn't be surprised if they start acting like them.

    Perhaps if the public were treated as if they were honest they would act that way.

  91. l4m3 by darketernal · · Score: 1

    I'd distribute the document far and wide if only Cory would be a little bit more professional and less 1337 about it... I mean, he makes great points but he keeps talking about ciphers being g0n3z0rz and all that stuff. It won't clinch with the suits.

  92. Re:Counterpoint to "1. That DRM systems don't work by Anonymous Coward · · Score: 0

    That's because there's actual Fairplay-protected content that people want (for 'fair use' or for piracy). Who uses protected WMA except some porno sites?

  93. Re:Counterpoint to "1. That DRM systems don't work by curne · · Score: 1

    Also like somebody in the MPEG committee recently said, the job of such DRM systems is not to put off the super clever guy who can break the system anyway... most systems are breakable. The plan is to put off the average consumer who may drag himself/herself into investigating the use of copyrighted content illegally if software and tools are available to *easily* circumvent such content-distrbution-restriction systems.

    This is covered in the speech aswell. I think the point here is that if someone needs to crack any particular type of DRM, it will be done. And any cracker who makes my life easier by doing so will be infinitely more popular and (IMO) more deserving of my money than the blood-sucking company that are making a nuisance of themselves.

    In short, the "average customer" only needs Google and a healthy sense of adventurism.

    --
    All interpreted languages are abstractions over Lisp
  94. great by Anonymous Coward · · Score: 0

    this guy is a genius !
    And, best of all, he seems interesting and funny !

  95. What I got from this article... by Ugmo · · Score: 2, Insightful

    What I got from this article is that throughout history people who try to make money from the old media try to fight people who try to make money from the new media. Artists make only a small amount of money from either. The only advantage the artist has is that the new media plays to a larger audience and the artist, because he gets a smaller slice from a larger pie tend to do OK. The media companies, old and new do OK also but that's besides the point...

    The lawyers always get paid.

    They get paid by the old companies to fight the new companies and they get paid by the new companies to defend against the old companies and they get paid by the artists to make sure they get their cut.

    History teaches us that it doesn't pay to be a creative artist, inventor or even business man.

    Kids, be a lawyer and get all the others coming and going. :)

  96. Stupid Cory and stupid millions by trezor · · Score: 1
    • Still, Cory whined and ranted about this problem on BB, rather than placing the blame on himself for making a stupid error.

    If this system was to become mainstream, you wouldn't think that there all of a sudden were millions of idots as well, do you?

    As an informed tech-geek this is simple to you. Maybe many others. However if the technology makes people too "stupid" to use it, it is the technology that is the problem, not the people.

    You can twist this anyway you want, but blaming people for not coping with intentionally broken technology, that is plain stupid. Not to mention disgustingly elitist.

    --
    Not Buzzword 2.0 compliant. Please speak english.
  97. DRM may be good for Microsoft by Sloppy · · Score: 2, Insightful
    If Microsoft sees Free Software as being their next main competitor, then putting effort behind DRM may be a good way for MS to implement its usually winning strategy: avoiding competition. Microsoft fears a free market (that's why such a vast portion of their sales are based on preloads).

    Free Software cannot seriously implement DRM. (Any that does, will just get forked.) The most it can do is work around it, like libdvdcss does. But that's against the law (DMCA) so that keeps interoperable Free Software products underground.

    It's in Microsoft's interest that all content be DRMed so that they only have to compete with other proprietary vendors. And more specifically, only the proprietary vendors that are big enough that they can pay DRM licensing fees. This helps to keep the lighter, more nimble competition out, so that MS only has to compete with large companies.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  98. Consider a Radical Alternative Proposal by ajs318 · · Score: 1

    How about everyone just cuts their losses. Live with the fact that artists are not going to get compensated for their work.

    It's tough, but them's the breaks. The only reason anybody ever made money out of distributing recordings of artistic performances was that the ability to manufacture recordings was a scarce commodity. With the ready availability of CD and DVD recorders, that is simply no longer the case.

    So let's let the whole music industry just pack their bags and go home. It's been a good ride while it lasted, but now it's over. So long and thanks for all the tunes. The world will not end just because there are no more Britney Spears clones, and people will not stop playing good music just because they are not getting paid for it.

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:Consider a Radical Alternative Proposal by Catamaran · · Score: 1
      I agree. And I would include the movie industry as well, although it is a little different because certain types of movies are still quite expensive to make. But Hollywood is reaping huge profits in the theaters, so for them DVD sales are just icing on the cake.

      Back in the early 1900's the "horse industry" for lack of a better term was threatened by new technology, the automobile. To anyone with any sense it was clear that the auto was the transportation of the future. The writing was on the wall. But the "horse industry" lobbied politicians to impose rediculous restrictions on automobiles in a futile attempt to hold back progress.

      I'm sure there are dozens of similar examples where livelihoods are threatened by change. Ideally when the change is inevitable those industries retool and retrain and everyone is better off.

      Unfortunately, we the people are up against the most formidable, rich, powerful, influential, ingrained industry yet. I have no sympathy for stuntman Manny Perry. If he were a person of integrety he would be fighting along with us to make movies more accessible and more enjoyable.

      --
      Test 1 2 3 4
  99. Call it Digital RESTRICTIONS MECHANISM by buleriando · · Score: 2, Insightful

    'Rights management' sounds neutral, benign even. Not something to get fired up about. Start calling it 'digital restrictions mechanism' and perceptions change. There are enough of us that if we all do this when talking to family, friends, the press, etc. we can get the meaning of the term changed.

  100. link blew up? by cellocgw · · Score: 1

    I happily read the article & clicked elsewhere, then found the article couldn't be found on craphound. On the off chance this is permanent :-(, and you want a copy, email me and I'll send you a text copy that I presciently stored on disk. (Non-DRMed, too!)

    --
    https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
  101. mukund is not "insightful" by JoeBuck · · Score: 1

    Most of mukund's points were addressed by Doctorow's article; specifically, the point about DRM systems only needing to put off the super clever guys. The point is that the super clever guys will immediately tell everyone else, unless you create the most totalitarian police state ever known to prevent them.

    Doctorow also talked specifically about the "put the key in the hardware, glue it down with epoxy" idea. Someone will take one apart and word will leak out. The only way to stop it will be to censor every communication to make sure that no one is telling anyone else anything about DRM. Before long, no one will be allowed into computer science or electrical engineering programs without a security clearance.

    Or we could just pitch the whole thing, allow free copying, and find some other mechanism to compensate artists.

  102. Re:Counterpoint to "1. That DRM systems don't work by Alsee · · Score: 1

    The article further points out that Susy Homemaker, a loyal customer and all-round honest person, when she gets shafted by DRM, will go online and download that non-crippled version not because it's free, but because it's non-crippled.

    You can compete with 'free'. You cannot compete with better AND free.

    The RIAA should have started selling MP3 downloads six or seven years ago. They refused to sell anything for several years, and that market vacuum is exactly what drove the P2P explosion. Now they enter the market several years late after creating their own worst enemy, only offering a limited selection, with excessive prices, and a crippled product.

    It's not like their use of DRM on download sales has ever prevented a song from appearing on P2P. Their use of DRM is purely self destructive. The only thing it accomplishes it to drive away customers. If they offered MP3 sales - a noncrippled product - the product customers want - their customer base would multiply almost over night. Lowing their price points wouldn't hurt either.

    DRM is counter productive.

    As for the hardware you discuss, I am a programmer and I have been reading all of the Trusted Computing specifications and I have been compiling an entire list of methods to beat it or to strangle its spread. Clearly extracting either the PrivEK or SRK is enough to completely liberate a computer, but it is hardly the only method to seize control of your own computer or to extract decrypted files. The CPU, RAM, the main bus, all are prime targets for a variety of manipulations. I'm still a little fuzzy on the low-pin-count-bus systems and how the measurement system will function, but I'm pretty sure that is wide open to almost trivial attack. If you can manipulate the measurement system/values then you own the system. Plug in a fairly inexpensive specialized component almost anywhere in the system and you can extract data or seize total control.

    So it is a no-brainer that some "pirate" somewhere can trivially extract that single non-crippled version to post. The non-crippled file that honest Susy Homemaker goes in search of after getting bitten by DRM problems. And I think it quite possible to have pretty cheap plugin hardware that anyone and everyone could install, with the obvious legal battles over hardware to ensue.

    Also, managing to extract the key from a self-destructing chip may be rather challenging, but when you figure out how to do it once, well, then you know how to do it. You could pretty much set up an assembly line extracting keys.

    Another approach is just to strangle the spread of the system. Ideally the mainstram news will pick up the crippled hardware story and there will be a public backlash rejecting it. Newsweek has already run such a story, see my sig.

    Another way to strangle the spread is to minimize the number of compliant Trusted computers out there. Software companies and media companies and websites and ISPs simply can't afford to make Trusted Computing mandatory if it means locking out too many non-compliant customers. Well, Trusted Computing is intentionally fragile. It is a complex and multi-layered system. Any disruption anywhere in the process and the computer has a hair-trigger to "failsafe" into a non-trusted mode. It effectively becomes a plain old pre-trusted computing computer. Any software - especially popular software like P2P - could very easily include an option during install to deactivate the computer's Trust system. Some methods of doing so are trivially reversible, some methods would take a full identity wipe and reactivation of the Trust system, and some methods may be irreversible.

    Obviously I'm not a fan of Trusted Computing, chuckle. It's my computer damnit! I have every right to open MY computer and rip open MY chip and read out MY keys with a microscope any time I feel like it. They can certainly make it a pain in the ass for me to actually do so, but there's no way in hell they can stop me if I decide to do it anyway. It's my computer and my property.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  103. compelling argument by mugnyte · · Score: 1

    Cory points out some compelling examples of past clashes between Content, Medium and Market. However, you must realize that there are difference between each historical phase.

    In this one, I see certain new unique attributes:

    - The record seller of today suffers from tunnel-vision. In a true global market, the knowledge of the cryto method and content location; everything except the key is everywhere. The collaborative nature of the global market tremendously speeds up the exposing of schemes and solutions to DRM.

    - Once Content is unlocked, it is permanently unlocked. DeCSS forever opened the DVD format that was sold up to that point. Using the physical market, Content providers are reluctant to buy DRM since then it must guarantee it never fails. Given the huge Market, tech companies want to bring Content into the machines but cannot make that guarantee. So, a stalemate arises.

    - Cory's argument that by building a non-DRM enhanced player, rish with copying and encoding capabilities would make a significant change, is lost in the oceans of US copyright and patent law, regardless of how popular it would be. Funny enough *right here* is where the FOSS saves us: By never charging for the technology - and never forming a single head to the beast - products are going to (or already) exist to be this fabled wonder-machine. Litigation can kill a project or company, but it cannot erase code from the mindshare.

  104. Re:Counterpoint to "1. That DRM systems don't work by JamieF · · Score: 1

    Unless that secure hardware device has audio ouput jacks, there is some point at which the DRM'd content is un-DRM'd for playback, and there's vulnerable software that can be hacked to save a cleartext version of the content instead of (or in addition to) playing it back. If the hardware device somehow can verify the playback app, how about a stub audio hardware driver that just saves the "output" as a .wav file? How about a little USB device that pretends to be a set of USB speakers, but what it really does is to stream the audio back into the computer where a companion app can save it to a .wav file?

    Face it, the *entire computer system* has to be tamper-proof from end to end, looking like a black box that DRM'd content goes into and analog audio comes out of, or else someone is going to find a weak point and exploit it.

    And remember that "thought to be tamper-proof" and "designed to be cryptographically secure" are not the same as "actually tamper-proof" and "actually cryptographically secure". CSS was broken because one of the trusted partners goofed in their implementation. Microsoft can't make a browser that is secure after however many years and however many critical updates and service packs; why should we think that they (or anyone else) can make a DRM system that is?

  105. Actually MS must use DRM by argoff · · Score: 1

    I agree, it's not that DRM will succede - it's that MS is effectively forced to use DRM, because without it they will half to compete against the sunami Linux head on.

    Ironically DRM reminds me of the 1850's. The industrial revolution required an educated and mobile workforce, but it was looking to be a disaster to the plantation system way of life. First they made tougher and tougher laws till you couldn't even teach slaves how to read, then they tried to regulate the northern states, and when that failed they tried to break off from the union and fence themselves off from the rest of the country. Of course, it wasn't long before all hell broke loose.

    Today, they tried to extend copyrights to infinity, and then they tried to impose the DMCA, and now they are trying to use DRM and fence themselves off from the rest of the world. Watch out, SCO was a peace walk, all hell is about to break loose.

  106. All DRMs broken in days? by Psychic+Burrito · · Score: 1

    From the article:

    DRM systems are broken in minutes, sometimes days. Rarely, months.

    Please correct me if I'm wrong, but didn't the original CSS take over 2 years until it was finally broken? And the culprit was that a certain PC DVD-player software didn't encrypt the key correctly, and without that hitch, we could possibly still be without CSS?

    Similarly, isn't the XBOX copy protection scheme already 2 years old and still uncracked?

    I think this is a strong argument that DRM indeed can work. Yes I hate it, too, but the article seems a bit on the wrong-ish side, doesn't it?

    1. Re:All DRMs broken in days? by madmaxmedia · · Score: 1
      But it still happened, I think that's the larger issue. If it wasn't that particular hitch, it would've been another.

      I'm not certain if the XBox copy protection scheme itself has been cracked, but it has certainly been bypassed. So again, the end result is that the original purpose of the DRM is circumvented.

    2. Re:All DRMs broken in days? by vyrus128 · · Score: 1

      I don't know how long it took to break CSS, but failure to correctly encrypt the key had nothing to do with it. (The player in question, btw, was Xing.) Even if the key were encrypted, the player would have to have the key to decrypt _that_! Ultimately, you can't keep the user from doing extracting any secrets the program contains (barring something like NGSCB . . . unless they have an electron microscope . . . but that's an entirely different discussion.) As for XBOX, the system has been 0wn3d. Read up on the original "007: Nightfire" savegame hack (not to even mention the existence of XBox modchips).

  107. Re:Counterpoint to "1. That DRM systems don't work by Anonymous Coward · · Score: 0

    > CSS was broken because one of the trusted partners goofed in their implementation.

    Wrong. They all goofed. You can't distribute your algorithm implemented in object code to millions of people and expect that nobody will analyze it.

  108. I agree by t_allardyce · · Score: 1

    Nice article, if you didnt read it, i can sum it up for you in my own words:

    "If you the corporations dont make the hardware that we want (i.e non-drm), then we're going to go and buy it from someone that does! And all you pig-fucking assholes who think you can tell me what i can to with my own property: go stick your region encoded DVD right up your ass and i hope it snaps in half and cuts you."

    --
    This comment does not represent the views or opinions of the user.
  109. Re:not copying yet, but they will. by Vaevictis666 · · Score: 1
    Actually, I think the argument that it's restricting innovation is one of the better ones. I'd like a device that could cache all my DVDs

    I have such a device. It's a modded Xbox with a larger hard drive. Attached via the network to my PC, with larger hard drives still. Running Xbox Media Center, I can watch whatever I feel like, when I feel like it. I'm also archiving some of them to DVD-R as DivX for more compact storage.

  110. Re:Counterpoint to "1. That DRM systems don't work by ammulder · · Score: 1

    Why should we support DRM systems that "put off the average consumer" instead of a DRM system that would "put off the pirates who sell massive numbers of copies on downtown street corners"?

  111. You don't understand by Anonymous Coward · · Score: 0

    In the US music licensing is compulsory. You HAVE to license it. This is why there are so many cover songs. Now I have to pay you to use it, but you can not legally stop me.

  112. Huge Insight by Nom+du+Keyboard · · Score: 1
    There is no market demand for this "feature."

    Huge insight. And a lesson that seems incapable of being learned.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  113. Shit! I need to pay closer attention! by Anonymous Coward · · Score: 0

    Here was here! IN MY BUILDING! Down the hall, for pete's sake!

    AND I MISSED IT

  114. That dog^H^H^Hgrammer flame don't hunt by whitis · · Score: 1

    Parent poster goes on at great, ungramatical, length expounding on the supposed erroneous grammer of the list in the following sentence:

    He makes a great case for why DRM is bad for society, business, and artists, why it simply don't work, and why Microsoft ... should not invest in it

    Here are parenthesis that show that there are actually two nested lists:

    He makes a great case for (WHY DRM is bad for (society, business, AND artists)), WHY it simply don't work), AND WHY Microsoft ... should not invest in it)

    Nested lists like this are one reason why English grammer was revised to requre a "," before the word "and" in a list as both a visual and verbal (pause) marker. The other reason being to bind the word "artists" into "(society, business and artists)" rather than "society, (business and artists)". [<-- intentional] The word "and" itself is there to convey grouping. Also notice that each item in the outer list starts with the same word ("why") to provide further verbal clues. Once you parse the lists properly, you will find that parallelism was maintained.

    Yes nested lists have the potential to be confusing but they are useful sometimes. And if you can't come up with uses for them, it probably means that your thought patterns are way too simplistic to accurately represent reality.

    The subject line of this posting contains a gramatical error in using the word "don't" instead of "doesn't". Did you honestly think, even for a second, that I didn't intend it to? Writers deliberately break the rules of grammer when it serves a purpose. In this case, the purpose was to sound derisive towards a certain grammer troll. Just as the original posting may or may not have made that mistake on purpose in order to deride those who advocate DRM. Given competent handling of nested lists (a concept beyond the meger understanding of a self proclaimed grammer cop), I will give the original author the benefit of the doubt. In any event, it using the wrong form of the word did not detract from anyone's ability to comprehend the sentence. And sometimes people just like to abuse the English language; it has certainly abused us enough.

    I am not a grammer wiz. I can't, for example, remember what a subjunctive gerund is. Spelling and gramatical errors included at no extra charge.

    1. Re:That dog^H^H^Hgrammer flame don't hunt by lobsterGun · · Score: 1

      Exellent use of parens. You'd make a fine Lisp programmer.

      The parens illustrated your point well, and helped me to see what was really wrong with that sentance. That sentance could use a few semicolons.

      In English, when a writer is connecting lists together, the lists are separated by a semicolon.

      The sentance should have read, "He makes a great case for why DRM is bad for society, business, and artists; why it simply don't work; and why Microsoft ... should not invest in it"'

      Without the semicolons, I find the sentance to be confusing. Your mileage may vary.

  115. Only two points by Anonymous Coward · · Score: 0

    1. How did he know I have red hair?
    2. Those should be golden handcuffs.

  116. short version: by perlchild · · Score: 2, Funny

    RIAA: I own the content but you may use it
    User: If I pay you I own my copy, that's not negotiable.
    RIAA: Ownership is not something we're willing to give you.
    User: Well my money is not something I'm willing to give you, let's see how much content you can produce without an audience.
    RIAA: Government, User is using unfair negotiating tactics.
    User: Unfair? BAH! You're paid to encourage you to produce content. It's not a need, it's a want, but you need MY money. You will give me what I want, or you will get no money.
    Government: IANAL but I will ask counsel.
    Counsel: User is quoting straight from the history of copyright, the law says he's right, until we can change the law, no matter how much RIAA pays.

    DRM negotiation in a perfect world, except if you're the RIAA

  117. Are you sure you have fair use right? by Anonymous Coward · · Score: 0


    Re: "Ripping a CD to mp3 isn't something copyright "permits" you to do. It isn't "fair use.""

    Says who? What if I'm making this inferior copy for educational purposes? What if I rented the CD and ripped for time shifting purposes so that I could listen to the song later?

    I hate when people make assumptions about fair use that are not proven. You give up the game before it's even been played.

    1. Re:Are you sure you have fair use right? by superdude72 · · Score: 1

      "Fair use" is part of copyright law. You're allowed to reprint part of a copyrighted book, for example, in order to critique it in a book review.

      Ripping a CD to mp3 is allowed not because it is "fair use," but because copyright simply doesn't apply. Copyright (oddly enough) has nothing to say about copying, but only about distribution. Ripping a CD is not fair use, it's unregulated use. Therefore, it shouldn't be against the law to circumvent a device that is intended to prevent you from doing something that is perfectly legal.

  118. Re:Counterpoint to "1. That DRM systems don't work by aminorex · · Score: 1

    > With modern crypto you can't logic probe
    > your way around and break crypto. It is a
    > hard math problem.

    You are making the crypto-utopian mistake
    that everyone with a cracked code makes:
    The blocks-world assumption. Real world
    cracking doesn't restrict itself to the world
    of equations, but deals with the vulnerabilities
    inherent in moving a perfect algorithm into
    an imperfect environment. It just doesn't
    matter how good your crypto is, if it can
    be mooted with a few probe clips, or your
    keys can be lifted, or the decrypted stream
    intercepted, or.... the number of out-of-band
    solutions to the cracking problem is limited
    only by your imagination.

    --
    -I like my women like I like my tea: green-
  119. The flip side of these laws tho... by unicorn · · Score: 1

    One thing that this community REFUSES to pay any attention to, is the SAME laws that punish music "piracy" make the GPL possible.

    You can't have it both ways guys. If you want to be able to impose restrictions on the use of code that you've released into the "public domain" then you have to accept that companies will want to use the same rules to protect "art" that they don't want to be part of the public domain.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
  120. Yeee Ha! by NotQuiteReal · · Score: 1
    Sorry - too much Gin to make a more cogent comment.

    The parent is right, but pretty much echos the sentiment of the original article... DRM isn't fooling anyone who wants to get around it.

    Most bootleg content I have seen, I have deleted. No Backups, just gone.

    Stuff that is worth owning is worth paying for, and I *own* plenty of it. I rip my own CDs and have no desire to have to re-do my work due to DRM restrictions - I make MP3 files of my own CDS, not WMA's, and certainly not DRM'ed WMA's... duh!

    --
    This issue is a bit more complicated than you think.
  121. Hee hee. I've purchased dead-tree versions... by NotQuiteReal · · Score: 1
    ... of Mr. Doctorow's books, even though I can get them in some e-format for "free".

    Most people will still buy stuff, as "needed" and those that won't, won't.

    --
    This issue is a bit more complicated than you think.
  122. I hate DRM, but I'm not too worried by agraupe · · Score: 1

    Let's face it: DRM's bark is worse than its bite. Assuming DRM'ed media becomes the standard (not counting DVDs, which are already locked), it will be easy to circumvent. CSS (DVD locking system) isn't robust; look at how easy it is to decode. Remember that "locked" CDs must be able to be decoded by standard CD players, offering two logical possibilities: 1. The RIAA will alienate many customers by switching to a new CD format, requiring a new CD player. Further, because CD players don't have extensive computing capabilities (far less than DVD players, I would imagine), the locking scheme will be *simple* to decode. 2. The RIAA will lock the CD in a way that doesn't affect the track data, as to maintain compliency with all current CD players. Thus, all non-industry sanctioned players/OS's (think open-source) will be able to ignore the "extra data" (as described here ) altogether. Let's face it: the RIAA just wants to shut down the average user. Whether right or wrong, ethically speaking, I don't think it will cause problems for most /. readers.