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DMCA Prevents Photoshop Support of Nikon Camera

Will writes "PhotoshopNews.com reports that the risk of getting sued under the DMCA prevents Adobe from fully supporting the raw file format of Nikon's top professional camera Nikon D2X. The file format contains encrypted white balance information that is necessary to render the image correctly and while the encryption can and has been broken, Adobe fears getting sued under the DMCA if they decrypt the data."

26 of 656 comments (clear)

  1. DMCA prevents Nikon from making money... by garcia · · Score: 5, Insightful

    Adobe is a large company with deep pockets (unlike Bibble), and it is unlikely we would run the legal risk of breaking the white balance encryption unless we can get some assurance from Nikon that they will not sue Adobe for doing so. Since Nikon clearly does not want third party raw converters reading their files (they would much rather sell you a copy of Nikon Capture), the likelihood of Nikon providing such an assurance to Adobe is not very high.

    People who would be purchasing a high-end camera like the D2X and D2H would probably only be doing so to use a high-end piece of software to manipulate the 12+MP digital images.

    When a potential buyer looks at Photoshop and sees that it isn't supporting the D2X/H fully because of some retarded move by Nikon to try and make money they are likely going to find another camera. People interested in the D2X/H cameras are going to be shopping around looking for the one that best fits their needs and aren't going to be impulse buying a $5000 camera.

    Really dumb move Nikon.

    1. Re:DMCA prevents Nikon from making money... by dmolavi · · Score: 4, Insightful

      I wonder how much this will hurt Nikon. Of the professional photographers I know, they're split 50/50 between Nikon and Canon. All of them use Photoshop. None of them read /. , so I hope that Nikon makes this little crippleware feature glaringly obvious on their packaging, as I'd hate to see photographers get burned by this.

    2. Re:DMCA prevents Nikon from making money... by cubase_dag · · Score: 5, Insightful
      I'm a professional Photographer, and I recently purchased a D2H, and wheter or not nikons raw format .NEF, is fully supported, I would still Buy Nikon. Because All of my lenses are Nikon. And What This article is forgetting is that Nikon Has A plugin that does the same thing as the adobe plugin. And Its FREE.

      What a lot of people seem to forget is that ALL of the Raw formats Implemented By the camera manufacturers are Proprietary and encrypted. Canon Is no different. The only reason anybody is raising complaints is because nikon has not yet released the newest version of their Raw Format to adobe.

    3. Re:DMCA prevents Nikon from making money... by dgatwood · · Score: 5, Insightful
      Well, this looks like a classic case of the pot calling the kettle black. Adobe likes the DMCA and even abuses it to protect ROT-13, but suddenly it "prevents" them from serving their customers and they're up in arms.

      Of course, it really doesn't, since everyone knows the DMCA only applies to encryption intended to protect copyrighted works, and color calibration data is just information that does not represent a creative work, therefore it can't be copyrighted.

      Moreover, even if you did consider that tiny portion of a photo to be a creative work, it is a creative work in which one can assume that the person opening the file is the person who took the photo, or at least working for the same company.

      Finally, the encryption isn't being explicitly added by the content producer (the photographer), which therefore means that it falls outside the DMCA by definition.

      So... it sounds like Adobe suddenly did an about-face and decided the DMCA is evil for reasons other than saving their backsides. Either that or (more likely) they have a bone to pick with Nikon over something else and they're using this as leverage. That would be my guess....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:DMCA prevents Nikon from making money... by dillon_rinker · · Score: 4, Insightful

      Interesting. Let's see if I understand correctly:

      1. Our canned response to a a frequently asked question produced hostility in some customers.
      2. Therefore, the customers are idiots.
      3. ????
      4. Profit!

      Permit me to suggest that a better answer would be "Some camera manufacturers use a proprietary format and call it RAW. What camera are you using?"

      If you are in customer service, I guarantee you that something close to 100% of your customers are idiots. (Dilbert's law - "Everyone is stupid about something sometime.") Your goal should not be to find better customres, but to accomodate the stupidity of your customers while making them happy to give you their money. That's the theory. In practice, when the customer's stupidity makes them unhappy about reality, you find a way to present the reality in a factual, accurate way that does not reflect badly on you. I call it "honest spin." In some cases there is NO honest spin that will make the customers happy; in this situation, you either lie or fire the customer.

    5. Re:DMCA prevents Nikon from making money... by monkeydo · · Score: 4, Insightful

      Well, this looks like a classic case of the pot calling the kettle black. Adobe likes the DMCA and even abuses it to protect ROT-13, but suddenly it "prevents" them from serving their customers and they're up in arms.

      I don't see any evidence that Adobe is "up in arms." It seems to me that they are respecting what another company sees as that company's IP. The slashdot crowd may be up in arms, but I'm pretty sure that no one here (officially) speaks for Adobe.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  2. Good Grief! by CaptainZapp · · Score: 5, Insightful
    Can someone in this fine, family type forum please assure me that I'm not in the Twilight Zone?

    Nikon, to the best of my understanding, is a camera manufacturer. I have no clue if they do stuff in the whiz-bang imaging market, like Kodak, or Agfa, but it would seem that their business model depends on selling cameras, lenses and other nice gizmos, ideally loads of them.

    Assume I'm a Fotografer. Since the times of silver plates and baryt paper (which sure as hell still has it's niche, but I digress) seem somewhat outdated I like to process my digital images with what can be considered the major photo processing application; pretty much the standard in my trade.

    And the good burgers from Nikon intend to prevent direct access to crucial parts of the raw data of my images?

    I think I buy a Canon!

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:Good Grief! by PPGMD · · Score: 4, Insightful
      And the good burgers from Nikon intend to prevent direct access to crucial parts of the raw data of my images?

      I think I buy a Canon!

      It's not that simply for a majority of folks that are in the market for cameras like D2X. Most of them already have $10,000 or more invested into Nikon before you even factor the camera body in.

      Now they could sell all their Nikon stuff on Ebay for say $5,000, then spend another $10,000 buy the same things for Canon (even assuming that some of the older lens are available, you know the ones that we chipped to get working with the newer cameras).

      Sorry that may make sense on /., but it doesn't make sense to real photographers. A few may make that leap, but many will simply stay with their D1's (or even F5's with Provia, and Velvia), until Nikon and Adobe works things out, or someone makes a plug in that hacks it for them.

  3. The correct solution... by turgid · · Score: 5, Insightful
    ...is, of course, for Adobe to license the decryption algorithm from Nikon.

    This is exactly what the DMCA was intended to do. I can't remember their being much corporate oppostition to the DMCA when it was being introduced.

  4. This is getting ridiculous by WD_40 · · Score: 5, Insightful

    The DMCA is having very far-reaching effects, all of which I'm sure were not contemplated or foreseen by the people who drafted the DMCA.

    The thing I hate about this sort of legislation, is that once it's on the books, it's very difficult to get repealed.

    Other than calling and writing to our representatives, how else do we make our concern known?

    --

    "With sufficient thrust, pigs fly just fine." -- RFC 1925

    1. Re:This is getting ridiculous by drdanny_orig · · Score: 4, Insightful
      Other than calling and writing to our representatives, how else do we make our concern known?

      How about by buying a Canon camera?
      --
      .nosig
    2. Re:This is getting ridiculous by SirGeek · · Score: 4, Insightful
      The DMCA is having very far-reaching effects, all of which I'm sure were not contemplated or foreseen by the people who drafted the DMCA.

      Bullshite. They knew exactly what the law would be used for and by whom. This law was drafted for the sole purpose of kissing the collective asses of big business.

      The thing I hate about this sort of legislation, is that once it's on the books, it's very difficult to get repealed.

      Which is why they just keep writing new laws to do the same thing as older laws ( just adding new "technologies" ) rather than changing the old laws to be more technology neutral.

      Other than calling and writing to our representatives, how else do we make our concern known?

      We can't. In general, we don't have enough clout to get the politicians to even listen to us, let alone to get them to actually hear us.

    3. Re:This is getting ridiculous by StormReaver · · Score: 4, Insightful

      "How about by buying a Canon camera?"

      And writing to both Canon and Nikon explaining your purchasing decision.

    4. Re:This is getting ridiculous by shotfeel · · Score: 4, Insightful

      The DMCA is having very far-reaching effects, all of which I'm sure were not contemplated or foreseen by the people who drafted the DMCA.

      I wouldn't let them off the hook that easily. Our legislators were told by consumer rights advocates that this was the type of thing that would happen. Of course supporters of the DMCA told the legislators that nobody would ever stoop that low.

      Guess who they beleived?

  5. FUCK THEM by Profane+MuthaFucka · · Score: 5, Insightful

    They went after a Russian dude who broke their encryption, and he even did it in Russia where it was entirely legal. They only threw him in the can when he entered the US.

    So FUCK THEM. Karma has bitten their asses, and I don't feel sorry at all.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  6. The correct solution...but to which problem? by jkabbe · · Score: 4, Insightful

    There's a difference in principle between encryption to protect content owned by the corporation and encryption simply created to extract money from third-party vendors.

    If I take a picture with a Nikon camera, I own the content. Shouldn't I be able to do what I want with it?

    Furthermore, what grounds would Nikon have for suing Adobe based on Adobe's violation of encryption that is protecting my copyrighted works? IANALY, but isn't there a "standing" issue here?

    1. Re:The correct solution...but to which problem? by Dark+Paladin · · Score: 5, Insightful

      I believe the parent poster was using a bit of sarcasm.

      When Adobe used the DCMA to go after Russian programmers (a move they rescinded and let the FBI do for them), the DCMA was a great and wonderful thing.

      Now, Adobe's learning what a poison pill the DCMA really is. Will this cut short their support for such a law, or next time make them fight such onerous challenges to reasonable copyright as set out by the founders of the United States?

      Anyway, that's what I think the poster was talking about.

      As for the last part, Nikon could sue Adobe under the DCMA, which states that you can crack encryption for personal use - but you can't tell anyone else how to do it. If Adobe releases a tool that cracks Nikon's encryption algorithm, then Nikon could go after them for some imagined damages.

      The best thing is for Nikon to realize their heads are up their asses, remove this stupid encryption algorithm, and for both sides to state publicly that the DCMA is a bad, bad, bad law and they will never give money to any politician who supports it.

      Yeah. And monkeys might fly out of my butt, too.

  7. I'm a sys-admin for a pro lab by genner · · Score: 4, Insightful

    Nikon is going to take the hit for this one. Adobe is basically a monopoly when it comes to image processing. If they leave support for Nikon out of their product they won't sufffer a bit, but Nikon will.

  8. Re:License by CaptainZapp · · Score: 4, Insightful
    So why not license it from Nikon?

    Because it always makes my hemerroids itch, when a manufacturer demands a toll in order for me to access my data.

    I hope this helps.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  9. Agreed... by Chordonblue · · Score: 5, Insightful

    Adobe should get on the horn with Nikon's legal dept. and inform them that there will be a sticker on Adobe's packages and full disclosure on their website about Nikon support.

    Truly no issue here. Let Nikon make their own Photoshop if they want, but I think this is going to be 'case closed'.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
  10. Two thoughts. by LaminatorX · · Score: 4, Insightful
    [Nikon friendly angle]
    Photoshop's RAW converter is considered by many in the industry to be mediocre. Nikon wants images from their flagship camera to be processed well, reflecting the quality of their product.

    [More Realistic Angle]
    Nikon wants to sell more copies of its Nikon Capture software, which is a superior RAW converter, hands down. $100 for a copy of NC is penuts to a pro, and the savings in their time will be significant.

  11. This is DRM on Your Photographs by SteveM · · Score: 5, Insightful

    Furthermore, several high-end photographers are extolling the virtues of stand-alone raw processors as an addition to their photoshop workflow.

    Unfortunately, no standalone raw processors can support Nikon's encrypted format

    I'm not saying that it's morally acceptable for Nikon to lock part of their RAW format, I'm just saying that the impact of this upon the pro photo world is far less significant then it would appear.

    Only if what you are saying is that having only one raw converter, Nikon's, is not significant.

    This is truely significant. What Nikon is saying is that Nikon owns the file and that the photographer does not.

    SteveM

  12. Re:License Bingo! by mpapet · · Score: 5, Insightful

    I believe your question cuts to the heart of the matter.

    I'm imagining Nikon makes a presentation to Adobe about their products, "we need Adobe's support" blah blah blah. And then when Nikon gets to the specifics of their high-end camera they tell Adobe, "Nikon is giving Adobe a wonderful opportunity to license our RAW technology for use in Adobe products!"

    After Nikon buys Adobe people an expensive lunch, Adobe is indignant that they must license the RAW import technology. They are ADOBE SYSTEMS for gosh's sake. Adobe Engineering can hack their way into it, but Nikon's smart and is leaving the litigation door open.

    Adobe then attempts to reassert their dominance by making Nikon/DMCA out to be the bad guys (which IMHO they are not.)in the press in an attempt to get industry/public opinion on their side.

    I give Adobe kudos for doing whatever it takes to get a lower price/free technology. It takes real talent to make customers feel good while they take it up the a**. I'd be much better off if I could do it as well as they do.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  13. Here's why it's an issue by metamatic · · Score: 5, Insightful

    Personally, I don't want the camera manufacturer telling me what software I can use to read my photographs. Would you accept it if Nikon told you you were only allowed to get prints using Fuji labs?

    I also don't want my photo library to depend on some secret file format that may end up being completely unsupported and unreadable in ten years' time. What if Linux takes over the desktop, but Nikon decide not to bother with a file format reader for Linux? What if Nikon go out of business, and Windows 2010 can't run the plugin to read your library of thousands of images?

    I absolutely demand that all my photos be in an open, documented file format. And I think you're being foolhardy not to demand likewise.

    Sure, you can use the RAW converter on each image as you take them, convert to a sensible format like PNG, and store that--but you're losing information by doing so, making the Nikon a much less appealing and less professional camera.

    The really professional companies like Hasselblad understand this, and have committed to Adobe's open DNG raw format. I wouldn't buy any camera that pretended to be "professional" but didn't support DNG or some other open file format.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  14. Re:encrypted? by mindstrm · · Score: 5, Insightful

    Breaking encryption is not a DMCA violation.

    Breaking encryption that controls access to a copyrighted work is what is against the DMCA.

    Unless nikon is claiming copyright protection on their white balance information, it woudln't have much of a chance of winning (and it's hardly an original or creative work)

  15. The Corporate View by johnos · · Score: 4, Insightful

    From a completely ruthless business point of view, Nikon has made a monumentally stupid decision. Really, this is one for the text books. If they don't about face immediately, they will lose the professional market entirely. Though more conservative than the typical slashdot reader, pro photographers are even more jealous of their rights. And no matter how you spin it, Nikon appears to be encrypting some of my information for the sole purpose of selling me software to decrypt it. That's extortion.

    But that's not the monumentally stupid part. The once-in-a-lifetime blunder is in the numbers. In order to pull a few million in software sales, they are throwing away a billion dollars in brand value. Value that took 50 years to build. Value they will likely never be able to reclaim. That brand recognition gets them shelf space in stores, and ensures their cameras are reviewed by journalists, and gets their products support from companies like Adobe. The annual worth of those benefits is probably 10x the revenue they could hope to pull from their software. Unbelievable.