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The Choice Between DRM and Security

gormanly writes "Victor Yodaiken has an article up on Groklaw in which he discusses how DRM may decrease security and reliability. He raises several questions that the developers of DRM technologies ought to answer - because not all computers are merely personal entertainment systems for 'content' consumers." From the article: "Sony BMG put DRM software onto CDs that broke the basic system security and made the entire system slower and less reliable. Imagine that your children put such a CD on your computer and opened an avenue for hackers to make copies of your business memos and personal email ... We are entering the era of ubiquitous and safety critical computing, but the developers of DRM technologies seem to believe that computers are nothing more than personal entertainment systems for consumers. This belief is convenient, because creating DRM mechanisms that respect security, safety, and reliability concerns is going to be an expensive and complex engineering task."

292 comments

  1. The Rights of Artists Vs the Rights of Listeners by eldavojohn · · Score: 5, Insightful
    You know, for a while there, I really thought David Bowie had something in a 2002 New York Times article where he speculated on the future of music and its copyrights:
    'The absolute transformation of everything we ever thought about music will take place within 10 years,' he wrote, 'and nothing is going to be able to stop it. I see absolutely no point in pretending that it's not going to happen. I'm fully confident that copyright, for instance, will no longer exist in 10 years, and authorship and intellectual property is in for such a bashing. Music, itself, is going to become like running water or electricity...'
    Now, this DRM business seems to be just a sign that not only will music copyrights stand but we are also going to lose some of our rights as to what happens when we attempt to merely listen to a purchased recording.

    Perhaps these new DRM actions overstep the bounds of consumer rights so far that it ensures copyrights will always be in place? What I mean is that the focus and question seems to not be, "What are the artist's musician's rights?" so much as "What rights do we even have as consumers?"

    Have I angered the mod gods with my slightly offtopic (and idealistic) Bowie quote? :-) I hope not.
    --
    My work here is dung.
  2. DRM = liberty by Anonymous Coward · · Score: 1, Interesting

    Replace 'DRM' with 'liberty' throughout that paper for an interesting take on things...

    1. Re:DRM = liberty by Burb · · Score: 1
      Or replace "DRM" with any of the words "Abba", "Mutogenesis", "Elasticity", "Ombudsman", "Heliotrope", "Kansas", "Telephone" or "Cowpat" for an entertaining, yet, fundamentally meaningless view of, well, whatever you like.

      I did not realise that ration argument had become a disciple of text substitution.

      --

    2. Re:DRM = liberty by Anonymous Coward · · Score: 0

      I tried that. The article made no sense at all. For example, "Will liberty actions interfere with system timing?"

      You're fired.

    3. Re:DRM = liberty by Burb · · Score: 1, Flamebait

      For a touch of irony, you can replace "ration" with "rational" and "disciple" with "discipline" in the parent post. It might make a little more sense. But not much.

      --

    4. Re:DRM = liberty by Rocketship+Underpant · · Score: 1

      What does replacing one term with its opposite accomplish? Comedic effect?

      --
      He who lights his taper at mine, receives light without darkening me.
    5. Re:DRM = liberty by Anonymous Coward · · Score: 0

      The problem is that in the case of DRM, "security" refers to the security (and liberty) of an individual, and compared to the common "liberty vs. security" idiom, replacing liberty with security and security with DRM would be more appropriate.

      In liberty vs. security, liberty refers to the freedom and liberty of an individual from government control and intrusion.

      In DRM vs. security, security refers to the security of an individual's computer and thus the individual's freedom from corporate control and intrusion.

    6. Re:DRM = liberty by Anonymous Coward · · Score: 0

      ding ding ding we have a winner here!

      Follow this link to clame your prize!

  3. wishful thinking by Anonymous Coward · · Score: 1, Insightful

    Although I doubt it will happen, the government should hold the companies using DRM software accountable if it causes financial harm to an individual.

    1. Re:wishful thinking by mccdyl001 · · Score: 1

      No no no. Companies should only be allowed to use passive, non intrusive DRM. Same as advertising. If active advertising (read spamming your inbox, phone soliciting, junk mail in your post box) was banned and only passive advertising that didn't waste your time was allowed, the world would be a much better place. Same as with DRM. If i put a CD into a computer and it alters *MY* computer, thats active DRM and should be illegal. Its how I view religion. I dont mind whatever you follow. Really. You're more than welcome to tell me you follow deity XYZ (and all his noodly appendages) But dont come trying to convert me over. That just pisses me off. Same as active DRM and spam. Back to the topic, DRM is entering very dangerous grounds. Its a way of locking you into a specific format, a specific media. Its a way of forcing consumers away from the "buying a piece of music" to "buying the rights to have a piece of music in a certain format on a certain media". Have the CD but want it on your Ipod? They really want you to go out and pay to download it again in a format loaded with DRM for your ipod. DRM is just a cleverly disguised method of stripping you of your valid rights as a consumer, and the sooner it disappears the better.

    2. Re:wishful thinking by WhiteWolf666 · · Score: 1

      Although it could seriously hurt opensource, more and more these days I wonder if software should have liability associated with it.

      I would love to see some kind of accountability system that did not gut opensource software.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    3. Re:wishful thinking by cowbutt · · Score: 1
      Although it could seriously hurt opensource, more and more these days I wonder if software should have liability associated with it.

      I would love to see some kind of accountability system that did not gut opensource software.

      Such a law could be drafted to explicitly exclude any software that came with full, unobfuscated source code.

      Whether such a law will or would be drafted that way is another matter entirely.

    4. Re:wishful thinking by level_headed_midwest · · Score: 1

      I think a few states' attorneys general went and tried to do just that with Sony.

      --
      Just "gittin-r-done," day after day.
    5. Re:wishful thinking by Anonymous Coward · · Score: 0

      Yeah, and we all saw how well that turned out with New York's pussy agreement. Let's just hope Texas can get some real results. Sony needs to face some serious consequences.

  4. Once something is digital, it flows free by digitaldc · · Score: 4, Interesting

    Here are some issues:

    1. One goal of DRM developers is to prevent "digitization".


    That first point sums it up. How do you stop something in its raw digital format from being copied?
    You can't, David Bowie is correct in his assumption about music flowing freely like electricity or water.

    Maybe one possible scenario is that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue.
    Another idea is to package the music/software/game with something that is above and beyond what you would normally get from just a plain disc. Add something to the packaging that makes people want to buy the product and not just download it. You could add writing, pictures or objects that people could enjoy that can't be easily reproduced with a copy program.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Once something is digital, it flows free by MindStalker · · Score: 1

      Or how bout this model all music will be free to copy and do with how you please for individuals. Commercial use will still cost, IE you put the music on a TV show or use it to sell something you're going to pay. Concerts will be the major form of income though but all in all you won't see many mega millionare musicians. Musicians will make about as much money as writers, good ones will live well not so good ones will have to find another job.

    2. Re:Once something is digital, it flows free by mccdyl001 · · Score: 3, Interesting

      that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue
      And how the hell do you quantify this lost revenue?? Company A: "hmmm, we signed up this crap music act, processed the shit out of their performance and spent a gazillion dollars marketing it trying to make out gullible target market, i mean valuable consumers, go out and buy it. But nobody is buying it because they're all pirating it. So please can you give us a gazillion dollars to make up for the money that we surely would have made if piracy hadn't occured." And that sort of system wont be abused, right?? Let people get it for free off the net, and make the bands get there money back from loyal fans via concerts and live gigs, and memberships to their fan clubs or whatever. The good musicians have nothing to fear from a system like this. And the new start ups would owe record companies so much for "starting them up" that they have nothing to lose either.

    3. Re:Once something is digital, it flows free by cyclomedia · · Score: 0, Troll

      [
      Another idea is to package the music/software/game with something that is above and beyond what you would normally get from just a plain disc. Add something to the packaging that makes people want to buy the product and not just download it. You could add writing, pictures or objects that people could enjoy that can't be easily reproduced with a copy program.
      ]

      my thoughts exactly, offer your latest albumn for free download on your website, but put up for purchase:

      1. it on vynil

      or in the case for guitar bands (as opposed to stomping dance bands)

      2. CD + official guitar music songbook

      or in the case of bands that might be feeling a bit artistic

      3. CD + full color book of photos, thoughts, sketches and general strangeness

      or maybe if a band get's about a bit

      4. CD + full color book of photos, stories and goings on from latest tour/recording effort

      etc.

      personally there are bands/artists who's music i "collect" and others that i simply "listen to". those that fall into the former camp would quite likely find me as a customer to the above things

      --
      If you don't risk failure you don't risk success.
    4. Re:Once something is digital, it flows free by thaerin · · Score: 2, Insightful

      Maybe one possible scenario is that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue.

      The problem with that though is exactly what the author is talking about. Just because a machine has the potential to make copies of digital media doesn't mean it will ever be used in that fashion due to the environment it's used in. Most of the PCs I see around here in the office are equipped with either CD or DVD based drives. The only time most of them are used is when the machine needs to be re-imaged. Sure, if somebody had enough local access rights to the machine they could install their favorite ripping software and make copies from work. That doesn't mean that it would ever happen and that we should be the one's responsible to cover the losses of some other compnay just because the potential is there.

      --
      If big boobed women work at Hooters do one legged women work at IHOP?
    5. Re:Once something is digital, it flows free by stud9920 · · Score: 1
      Maybe one possible scenario is that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue.
      Great idea ! *Whose* lost revenue ? why would I pay that bloody tax for writing my very own pictures / home videos / garage band recording ? who decides how much A/The artists B/The media industry "should have received" ? Is it something like "We feel like we should have sold 50b copies at 30$ a shot" ?
    6. Re:Once something is digital, it flows free by digitaldc · · Score: 1

      You're right, I believe alot of this has to do with the expectation of profits and the greed motive behind them.

      --
      He who knows best knows how little he knows. - Thomas Jefferson
    7. Re:Once something is digital, it flows free by digitaldc · · Score: 1

      It is not the outcome I am looking for, just a scenario.

      Greedy executives will most likely find a way to pass a law to further support their greed.

      --
      He who knows best knows how little he knows. - Thomas Jefferson
    8. Re:Once something is digital, it flows free by VitaminB52 · · Score: 1
      Maybe one possible scenario is that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue.

      This stupid and bad idea is already law in some countries - e.g. The Netherlands and Germany.
      If I buy recordable/rewritable media in The Netherlands, then I pay some extra tax to 'compensate the record industry for lost sales due to illegal copying'. So every recordable/rewritable media I use will bring the record industry some extra much needed money.
      I take some digital photos at a family party, and burn them on a CD for my sister - and pay copyright tax. I burn a backup of my own files to a CD - and pay copyright tax.

      Just for your information - it completely pisses me off when I have to pay copyright tax to the phucking record industry when I burn my own files/photos to CD or DVD. I don't mind to pay copyright tax when I buy a prerecorded CD, but hey - paying them money for a private copy of my own works/material is IMHO legalised theft. Period.

      RIAA and MPAA - another example of four-letter-words you really don't want to hear.

    9. Re:Once something is digital, it flows free by level_headed_midwest · · Score: 1

      The digital tax is a bad idea. They do that in Canada with all recordable CDs. But I use almost all of my CD-Rs to burn things like data backups and Linux ISOs- things that have nothing to do with music. I am not going to pay a tax for something that I am not using. The tax is a flawed idea because it assumes that all burnable CDs are being used to copy or burn music illegally, which is not true.

      --
      Just "gittin-r-done," day after day.
    10. Re:Once something is digital, it flows free by Anonymous Coward · · Score: 0

      Would this be a tax levied by the government? I cannot see how the music business can get a tax put through for this for potential lost revenue. If that is the case, then would it also be possible for Palm to put a tax on all PDA capable cell phones to make up for the lost revenue of consumers not purchasing their product? Where is there a guaranteed right of profit for the music business?

    11. Re:Once something is digital, it flows free by xtracto · · Score: 1

      You can't, David Bowie is correct in his assumption about music flowing freely like electricity or water.

      The truth is... music, like any other kind of (so called) *intellectual property* IS electricity.

      Before you listen to the sound in those speakers, the sound was provoked by some electric impulses coming from your PCI sound board.

      Before that, your PCI sound board got some electricity impulses from your CPU, before that the CPU got them from the Hard Disk, and before that, the HD created those impulses when the HD head traversed some of its magnetic plates.

      Now, the most interesting thing is that music (like all the [so called] *intellectual property*, that is all the *information*) has an additional property that water or electricity have. It can be reproduced with [b]_very_[/b] (and consider my emphasis please) little effort.

      Having said that, it is inevitable; music creators MUST find another way of proffiting other than distributing their creations. Concerts is one good idea, but I always have said, they should exploit the market that they open when they become a "recognized" brand and sell things that CAN NOT be reproduced.

      One thing I have always said is that some time ago in the 1980s when you bouht a Nintendo NES cartdrige the first thing you (well... at least I) would do, before even having arrived to your home is look at the booklet. And the booklets have some science, and they where cool.

      It also happened with CD's (and with tapes) you could have a copy of the tape copied from a friends original tape but you wont have all the cool art work and lyrics, you could even have a photocopy but it was still not "the thing".

      I buy very little music nowadays, mostly because I live in UK (I am from Mexico) and find the UK Cd prices screwingly outrageous, I totally refuse to pay £15 for a freaking 9 songs CD when in Mexico I would pay US$9.99 (average, in MX pesos).

      Last december I went to Mexico for vacations and I got 3 CD's there they were something like $14 USD but I bought them because 2 of them are from a nice Mexican blues/jazz band (Real de Catorce, if you like blues you can try some of their songs here just click on a Cd and then on the name of the song). The third CD I bought was Stratovarius last album. [sorry for the "attached advertisment"]

      The thing is the first thing I did after buying them was to look at the booklet, I like when CD's have good booklets. That is something you will NEVER get from a downloaded file.

      Another example I always give is a Tool CD, my brother listen to those kind of music, once he bought a Tool CD whose CD-case was special (it allowed you to see some nice animation in the booklet), after having it for a while the CD case broken and my brother did not hesitated to buy another, he gave away the other CD with a normal case to a friend. Now, just so you know... we are Mexicans and we are not as "rich" as some of the people from USA (my point is that it was more difficult for us [as teens] to get the US$10 to buy a CD again), but in that case, the CD cover was part of the product (it had some added value).

      Lastly, if some is wondering what could artists put on their CD cases, I have another example, a Mexican rock group called La Lupita released a CD that contained those red-blue 3D glasses, and their booklet contained some 3D cool art. So, it is up to the artists, but they must give hard (non digita) media some added value.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    12. Re:Once something is digital, it flows free by Lesrahpem · · Score: 1

      Another idea is to package the music/software/game with something that is above and beyond what you would normally get from just a plain disc. Add something to the packaging that makes people want to buy the product and not just download it. You could add writing, pictures or objects that people could enjoy that can't be easily reproduced with a copy program.

      You're absolutely right about that. The movie industry figured this out a long time ago. I can spend 15 dollars or so on a DVD, and I get a movie as well as things like bloppers, deleted scenes, commentary, and all many of other things with it. I get several hours of entertainment for under 20.00. When you buy a CD you get a little over an hour of music and a lyric book if you're lucky, and it costs more than a money.

      Pricing is another place the music industry needs to get a clue. It costs more to make a movie than an album. It often takes less time as well. So... why does a music CD cost more for so much less?

    13. Re:Once something is digital, it flows free by iamlucky13 · · Score: 2, Interesting

      Actually, an aspiring musician I once talked to who was friends the guys of Smashing Pumpkins (the chain broke down into: a friend of a friend of a friend, but who's counting), told me that artists don't really make much money from their CD's because the record companies take most of it. The concert tours are what make them rich. Consider who the wealthiest artists are. It's the ones with really successful concerts like U2, Paul McCartney, etc. The ones who rise and fade, like Paula Abdul, make a bit of money, blow it all really fast, and spend the rest of their life looking for lame gigs that earn them money based on their past glory.

      What I'm trying to say in so many words, is that relying on the concerts for income will not end the presence of super rich artists. It could end the reign of the record giants, though, and that is why it's "A Bad Thing" (TM).

    14. Re:Once something is digital, it flows free by MP3Chuck · · Score: 1

      As absurd as it might sound, it's not. Piracy legitimizes their claims of lost revenues by demonstrating a demand for the product. A demand the *AA uses to leverage whatever it wants to. They make the assumption that if piracy didn't exist, that all the people pirating their material would be buying it. We know this isn't true, of course, but the fact is that so long as people are pirating crap music acts that were processed and marketed to the hilt, piracy will be viewed as lost revenue.

    15. Re:Once something is digital, it flows free by ShavenYak · · Score: 1

      Maybe one possible scenario is that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue.

      Great idea! And then, let's add a tax on automobiles to make up for the lost revenue for buggy whip makers.

      Sorry, it's not the government's job to take MY money to support companies whose business models have been obsoleted by the progress of technology.

      --

      Hey kids, there's only 5 days left 'til Yak Shaving Day!
    16. Re:Once something is digital, it flows free by gstoddart · · Score: 1
      Maybe one possible scenario is that a digital tax will be added to all machines that can play digitized music/games/etc. in order to make up for the lost revenue.

      God, I hope nobody is seriously considering this or would even allow it.

      A tax on the whole computing industry to keep the media companies happy would be bad. Because it ignores the large number of non-infringing uses for which those technologies can be used.

      As has been pointed out, a computer serves more than the role of player consumer media. It is stupid, irrational, and a bad idea to start taxing an entire class of consumer item because some of them may be used in a way the media companies don't like. Since so many computers are used in businesses, the media companies would be subsidized by every other industry -- screw that.

      Another idea is to package the music/software/game with something that is above and beyond what you would normally get from just a plain disc. Add something to the packaging that makes people want to buy the product and not just download it. You could add writing, pictures or objects that people could enjoy that can't be easily reproduced with a copy program.

      You know, they already do this -- traditionally in the form of liner notes, now in the form of video clips or images that have bodged onto a CD. That's usually part and parcel of the DRM. Extra shiney content on the disk. Big deal -- I just want the damned music. It doesn't justify trying to f**k up my computer, and it doesn't justify saying I should spend an extra $10 on your CD since it has shiney additional content on it (you know, to keep those revenue streams up, you can't just give away extras).

      I hate to say it, but both of your ideas pander to the abusive media companies who don't give a crap about the consumer, and just assume they're entitled to continue to to make truckloads of money by producing formulaic music.
      --
      Lost at C:>. Found at C.
    17. Re:Once something is digital, it flows free by Braino420 · · Score: 1

      I couldn't agree with you more. I don't know why so many people think there will be no more good music if musicians don't make the small amount of money they do now on CD sales. Who's the dumbass that thinks they are going to make the big bucks by being a rock star? Where's the money in 'sex, drugs and rocknroll'? I remember we used to call those people sellouts. Do it for the love of music people!

      --
      They call me the wookie man, I guess that's what I am
    18. Re:Once something is digital, it flows free by marcosdumay · · Score: 1

      And how do you measure piracy? Byt the amount of products that people don't buy (like is done now)? There is a problem here.

      There is no way to measure the demand of music. All what those tax will do is create a new aristocratic class.

  5. Re:The Rights of Artists Vs the Rights of Listener by Digital+Vomit · · Score: 2, Funny
    Have I angered the mod gods with my slightly offtopic (and idealistic) Bowie quote? :-) I hope not.

    Probably not. You probably just reminded them of the babe.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  6. So qouthed the poet by smARMie · · Score: 1

    In the words of a known company, "most people don't even know what DRM is, so why should they care about it?"

    --
    Beware of programmers who carry screwdrivers!
    1. Re:So qouthed the poet by somethingprolific · · Score: 0

      Sure, the majority of people don't know what DRM is but it's not always the majority who make a difference. The minority are people like us who know what it is and know what it is capable of, good or bad, and have the power of forums to bring forth the truth, whatever it may be, to companies and the public.

    2. Re:So qouthed the poet by smARMie · · Score: 1

      You're asserting that the companies care about the public.

      --
      Beware of programmers who carry screwdrivers!
  7. Responsible software? by RandoX · · Score: 4, Insightful

    Since when have software developers accepted any responsibility whatsoever for their own software, let alone the effect it has on peripheral applications or the OS at large? Ever read all the disclaimers in the typical EULA? What makes anyone think that DRM software is going to be any different?

    1. Re:Responsible software? by mysqlrocks · · Score: 1

      Ever read all the disclaimers in the typical EULA?

      You make a good point. I wanted to point out that the Sony DRM Rootkit installed itself on auto-run before you even saw the EULA.

    2. Re:Responsible software? by daveewart · · Score: 2, Interesting

      Remember that the DRM software on the Sony (and other) CDs installed itself *silently* - there was no "do you want to install this evil software?" prompt.

      --
      "If you think the problem is bad now, just wait until we've solved it." --- Arthur Kasspe
    3. Re:Responsible software? by level_headed_midwest · · Score: 1

      I sure hope that if the TPM/DRM stuff gets passed, those who benefit from it (and it isn't the consumers) have to take responsibility for it as otherwise it would NEVER be on the users' machines in the first place. It is ridiculous to think that all of the consequences and none of the benefits should fall on the user. I'd think the first time that got challenged in court, it would fall down like a paper wall getting blasted with a fire hose.

      Otherwise I am going to steal your new plasma TV from your house and if you don't have adequate security in your house to keep me from doing so, it's your fault and I get to keep the TV and not spend a second in jail for it.

      --
      Just "gittin-r-done," day after day.
  8. One last Rally by Bonker · · Score: 5, Insightful

    DRM is a nice keyword to be used to describe something in both a negative and positive light.

    The media industry is about to die the same way the blacksmithing and wagonsmithing (?) industries died with the advent of the car.

    They're desperately trying to hold on and to make themselves work in the new order, but it's just not happening. The cat's out of the bag. The genie's out of the bottle, etc.

    Some companies are very openly embracing the new reality and adjusting their business models-- Apple, for example. They use DRM as a watch word to make the others feel safe and secure as Apple slowly digests their dying corpus. But Apple *IS* digesting them.

    DRM is the media industry's last rally before the old dinosaurs die and the young, swift mammals take over. It sounds bad, but will never be anything but a minor annoyance.

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    1. Re:One last Rally by ortholattice · · Score: 2, Interesting
      You know how Amazon is putting "CONTENT PROTECTED" in big letters above DRM'ed CDs? Now I'm no marketing genius, but I'd bet this designation cuts into the sales of such CDs. (I for one would never buy such a CD.) In this case, a DRM-free CD is a definite selling point, at least for me. An amusing experiment would be for Amazon to offer DRM'ed and DRM-free versions of the same CD at the same price, or even a premium for the DRM-free version, and see which sells the most.

      Currently there is no "CONTENT PROTECTED" designation on iTunes, since all content is protected by default. But I hope that eventually artists, presumably independent ones at first, will start to release DRM-free works on iTunes. When a critical mass is reached, this could become an important selling point, encouraging other artists/companies to do the same. I believe people will still buy the works because of the low price, convenience, and guaranteed quality. Most of their DRM-protected songs are available on P2P for anyone who puts in the effort, yet iTunes is still successful. DRM has nothing to do with it, other than possibly making it less successful than it could be. For example, I am not a customer because of their DRM but would be for DRM-free works. As people become more savvy, and as more choices are offered (initially by independent artists), I think more people will become like me.

      All I hope is that Congress stays out of it and lets the free market do its thing.

    2. Re:One last Rally by Anonymous Coward · · Score: 0

      Apple isn't digesting them, it's selling their horseshoes for them in a car-friendly format. And doing rather well for them out of it, too. Apple owns a horseshoe hypermarket. They are no more digesting these companies than Wal-Mart are digesting Smith&Wesson.

    3. Re:One last Rally by miller701 · · Score: 1

      The media industry is about to die the same way the blacksmithing and wagonsmithing (?) industries died with the advent of the car.

      The term a lot of people use is "Buggy whip" makers.

      Blacksmithing is still around, but it's more of an artistic thing now (fancy wrought iron fences and the like)

    4. Re:One last Rally by westlake · · Score: 1
      The media industry is about to die the same way the blacksmithing and wagonsmithing (?) industries died with the advent of the car

      The Studebaker family built wagons for the California gold rush of 1849 and began moving into the automobile business as early as 1897. Studebaker There are other famous names from the horse and buggy era who went on to great success as custom coach (body) builders. In that sense, the trade is still very much alive and not greatly changed at all.

      Some companies are very openly embracing the new reality and adjusting their business models-- Apple, for example

      Apple is a vertically integrated company that maintains tight control over the production and distribution of its hardware, software and services. Its business model would be perfectly familiar to capitalist dinosaurs like John D. Rockefeller or Louis Mayer of MGM.

      Apple *IS* digesting them

      Apple isn't digesting anyone. It is not a media content provider, it is a licensed distributer with one commercially significant outlet in iTunes.

    5. Re:One last Rally by Reziac · · Score: 1

      "Wagonsmithing" ... the word you wanted was "wainwright". It's such an obsolete profession that hardly anyone even remembers the correct term for it.

      And back to topic.. as has been pointed out before, it's all about controling distribution, and preventing independents from bypassing the big labels (here conveniently lumped as the RIAA). Downloading (legal or otherwise) can cut the labels out of the financial picture. Since the RIAA can't stop indie artists from distributing their songs over the internet, they do the next best thing and try to frighten consumers away from downloading (legal or otherwise), hence the Scary Lawsuits.

      To quote the aforementioned Bowie... "Scary monsters, running scared..."

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  9. No! Wrong! by Concern · · Score: 5, Insightful

    It is not going to be a "complicated" engineering task.

    It is an "impossible" engineering task.

    Repeat after me.

    There is no such thing as DRM.

    There is no such thing as DRM!

    There has never been a functional DRM system, and there never will be, because it is impossible to create one. You can cripple your products, annoy or even imprison your customers, and shut out OS/FS competitors from compatibility, but you cannot "manage" your "digital restrictions." Not in this universe.

    It's a jail. Things only need to escape once. Once they escape they're on the internet in open formats and the game is over.

    --
    Tired of Political Trolls? Opt Out!
    1. Re:No! Wrong! by MindStalker · · Score: 4, Funny

      Of course the next step in DRM will be special booths that you have to be strip searched to enter, then and only then will you be allowed to listen to content on DRM protected devices. You will be searched again while leaving the booths. :) Then and only then will DRM work, and damnit someone will find a way around it.

    2. Re:No! Wrong! by Thomas+Charron · · Score: 1

      Sure you can.

      Only release the music to be listened to at predefined locations within your local mall. While nekid. And cavity searched.. ;-)

      --
      -- I'm the root of all that's evil, but you can call me cookie..
    3. Re:No! Wrong! by BushCheney08 · · Score: 1

      Of course the next step in DRM will be special booths that you have to be strip searched to enter...

      Sign me up for the DRM'd pr0n!

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    4. Re:No! Wrong! by MikeBabcock · · Score: 1

      I know you're being funny, but I can see the government going quite far along that road before the prohibition-style repercussions set in.

      The black market for media will become very prevalent and profitable and the rest will be a repetition of history.

      Trust your consumers, educate your consumers, but do not abuse them.

      --
      - Michael T. Babcock (Yes, I blog)
    5. Re:No! Wrong! by argStyopa · · Score: 1

      They don't even need to escape. The RIAA hasn't even figured out how to formulate the bars yet. They've got some shadowy concept-ideas but none of them have ever been legally tested (and I'd guess most people believe they're pretty flimsy anyway).

      Example: As I understand it, the music industry insists that "owning" a cd doesn't mean I actually own the music and can do what I want with it. "Ownership" of a cd merely gives me the license to listen to it. The media itself is functionally irrelevent, it's the IP that's at stake.
      By corollary then, does that mean that everyone who has ALREADY PAID FOR THAT LICENSE in one medium is then really ENTITLED to the legal right to listen to that music, regardless of medium?
      But I don't hear anyone telling people with ancient record collections that they can download everything they've already paid for? I bought 500 crappy unlistenable tapes of music I like from a garage sale...thus I own the tapes by previous rulings of 'fair use'. So then I go and download to get digitally perfect versions of all the music, have i broken the law? What if I re-record them ONTO the crappy tapes? Does that make them retroactively legal?

      No, the whole IP **AA boondoggle is the transient bending of the copyright system to protect the profiteering middlemen in the industry, which simply can't stand. It isn't even standing now, it's a joke.

      --
      -Styopa
    6. Re:No! Wrong! by david.given · · Score: 2, Interesting
      Of course the next step in DRM will be special booths that you have to be strip searched to enter, then and only then will you be allowed to listen to content on DRM protected devices. You will be searched again while leaving the booths. :) Then and only then will DRM work, and damnit someone will find a way around it.

      Back in the days of Shakespeare, when copyright didn't really exist, there were people with trained memories who would go to the first night of one of his plays, make notes, and then later recreate the entire play largely from memory. A rival theatre would then put on a production of Shakespeare's new (and extremely popular) play.

      Music, being more patterned and generally shorter, should be even easier to recreate from memory.

    7. Re:No! Wrong! by Aceticon · · Score: 1

      No worries, i'm sure some brave people will sneak mini-recorders into the the booths hidden in their asses.

      A new meaning for "brown noise"???!

    8. Re:No! Wrong! by Lehk228 · · Score: 1

      point an IR laser at the side of the listening booth, you should get a decent representation of the music being listened to transmitted through vibrations in the glass or objects inside the booth, use a few lasers at various frequencies and you should be able to get a clear enough copy of the sound that a computer could clean up any errors.

      --
      Snowden and Manning are heroes.
    9. Re:No! Wrong! by cortana · · Score: 1

      Fascinating. We can only speculate how much the progress of science and useful arts were set back by these blatant acts of copyright infringement. One wonders how many more plays Shakespeare would have been able to write, if only his income wasn't unjustly diverted by these pirates. :)

    10. Re:No! Wrong! by The+Conductor · · Score: 2, Insightful

      Actually the reverse. The primary extant sources for the Shakespearean plays (the folios & quartos) were assembled by fan groups years afterwards and would have been copyright infringement by today's standards. If working DRM existed then, his plays would all have been lost. Maybe he coculd have written more, but, in the end, progress of the arts would have suffered a grievous loss.

    11. Re:No! Wrong! by IamTheRealMike · · Score: 1
      There has never been a functional DRM system, and there never will be, because it is impossible to create one.

      This is clearly not true. I can think of several DRM systems that "work":

      • Latest version of Windows Media hasn't (as far as I know) been cracked for nearly a year. And this is on hardware that totally gives the advantage to the attackers.
      • Digital Satellite DRM in the UK has never been cracked. The P4 system used by DirecTV does not have a widespread crack and never has.
      • The StarForce copy protection system for games offers many levels of protection depending on how much work the developers are willing to do. In some cases, it's never been cracked. In other cases it was only cracked months after the game was released (by which point most people have stopped waiting and gone to buy it).

      I see a lot of crap going around about how DRM can never work because you have to give users both lock and key. This is based on an unfounded assumption - namely that the user can get the key out of the system easily. In all successful DRM systems I've seen the key is so well protected most users cannot ever hope to do it (and in systems where the hardware was designed to prevent it, it's damn near impossible).

      Now, if people really believe DRM is the devil etc, please explain to me how to solve the problem of 99% of 'young people' just download movies, TV and music off the net whenever they want without paying for it? I mean DRM is costly to develop and maintain, but otherwise rational businesses do it because the cost is far lower than having your customers just walk into the shop and walk out with whatever they want. DRM is a symptom of a deeper problem, which is mostly economic and social. Don't like DRM? Me neither. So let's figure out an economic or social solution!

    12. Re:No! Wrong! by ShavenYak · · Score: 1

      Damn, I wish I had mod points. This comment should be required reading for any Congressfolk or Senators debating copyright legislation, or any Judge or Justice hearing a case on copyright matters.

      TO PROMOTE THE USEFUL ARTS AND SCIENCES. If the stuff is locked up and controlled by one entity forever, it is not useful. Now, most of an entire century of American history and culture is copyright protected. It wasn't meant to be this way. All the novels, music, television shows, and so forth produced up until 1985 should be public domain by now.

      Of course, if the best our culture can produce is exemplified by Britney Spears and "Friends", maybe it's best if historians of the future don't see it.

      --

      Hey kids, there's only 5 days left 'til Yak Shaving Day!
    13. Re:No! Wrong! by rubicant78 · · Score: 1

      I have always wondered that.. The **AA's insist that we've purchased the license to whatever media we buy, not the content itself. Does that mean that I get a free shiny copy of LOTR in Blue Ray format since I own the "license" for the content? This has always bothered me since most people bitch about having to replace their old VHS collections with DVD. The content is the same and you already hold the license so theoretically they should provide you with the content on the media relevent at the time. Maybe I am stretching a bit though.

      --
      bah
    14. Re:No! Wrong! by Concern · · Score: 1

      It clearly is true.

      Microsoft's "Windows Media" DRM was cracked before it even came out. It's a joke. There are widely known driver-level utilities that can capture the output of the WM* once it's been decrypted. This is in a large part why some PC DRM systems don't even bother to get cracked in the more embarassing way - slicing out the player keys or decoding routines or just plain cracking the encryption. You don't even need to.

      The same basic principle goes for any digital cable or satellite security system - the stream can trivially be stolen once it's been decrypted. The cable and satellite guys are big on smart cards, I hear, which is clever for them but still ultimately quite futile. By the way, I see HD-quality satellite rips from the UK all the time on P2P - including for shows that aired the day before.

      Where can they hide the key? In the TV? Inside each pixel of the TV? Inside your D/A converter? the coil of your amplifier?

      What you can do is protect a service - things like google.

      Another thing you can do is make cracking a software application more difficult/expensive. A piece of software never needs to expose itself to the user to work, and you can at least make it a hardware problem. if you can manage to establish a hardware chain of trust.

      I would like to believe the myth of hardware security has been debunked pretty conclusively by now. People said the first Xbox wasn't going to be cracked because it would be "too hard" or "too expensive" and some kid at MIT did it with a bus sniffer he built out of FPGAs for a few grand... for fun.

      Thinking hardware can protect you is just a function of ignorance of hardware.

      By the way - what's the name of that game you're alluding to that's never been cracked? I'm just curious.

      I'm betting the reason why you didn't know off the top of your head is that there isn't one, unless you count a 360 title.

      So, hiding the key in hardware raises the cost of entry, but again, content only needs to escape once. If MS is able to make a cheap consumer device that would cost a million dollars and take six months to crack, a staggering feat, pirates in Asia make big money cracking systems like the 360, bootlegging the games and selling mod-chips. The million will be spent and recouped by the 7th month.

      Even among the game consoles, which are virtual playgrounds of every DRM fantasy you can imagine, every system until now has been cracked, and I don't think you'll bet much against me that this round will go the same way.

      Microsoft is very smart, though. They realize that you can protect a service, and it's one big reason why Live plays such a big role for them. You're not going to be playing your cracked games on Live. It's the same reason Valve got rich off Half-Life, because nobody could copy a CD-Key, and their servers weren't going to talk to you without one.

      Yet even then it was possible - just more difficult. To go into even more painful detail, I have seen cracked Q3A (which used the same scheme) played over the internet, for instance - you need to get the master server and the game server to also be in cahoots. Not too difficult; in fact, it was just unpopular because matchmaking is a centralized service that the pirates or their users would now have to do on their own. But it was done, and you can download the code to do it off P2P to this day...

      --
      Tired of Political Trolls? Opt Out!
    15. Re:No! Wrong! by cpt+kangarooski · · Score: 1

      The **AA's insist that we've purchased the license to whatever media we buy, not the content itself.

      Actually, I've never seen them make that claim. The only people who seem to believe this are people on the Internet who are so used to the inherently silly idea of software EULAs that they think everything works like that.

      In fact, when you buy a CD or a DVD from the store there is virtually never a license at all. You own the copy, the copyright holder owns the copyright, and no one owns the work, because works are unownable (which is why we've created copyright to begin with -- to simulate owning works). It's just like a car: so long as you don't break the law, you can do whatever you want with the car. With a car, you're not allowed to speed or violate emissions laws or run people down. With a CD, the law prohibits things like making more copies. Just because the car or copy becomes obsolete doesn't entitle you to a replacement.

      Licenses for consumers are quite unusual, and really not necessary. Why the software industry continues to waste time with them is beyond me, and anyone I've put the question to. I think it's just inertia. Fortunately, the practice has been pretty contained. Hopefully it can one day be eliminated, save for situations where licenses are actually useful.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    16. Re:No! Wrong! by the+chao+goes+mu · · Score: 1

      For audio, however, the DRM is much more problematic. No matter what protections ar ein place, the end result is a digital audio stream. I can always replace my speaker output line with a cable connected to a digital audio recording device and recreate a clean copy of that audio stream. Yes, it is an annoyance to have to record the audio signal into a usable file format, but it is a last gasp way to circumvent any copy protection on audio recordings.
      Likewise, if you have an old enough VCR (I have a mid 80's JVC) you could previously record even copy protected video casettes. That's why I kept an old machine around. I am sure similarly crippled video devices could be used to circumvent any digital video copy protection. Simply pump raw video output into your crippled recording device (which doesn't recognize any copy protection) and you can duplicate the content. (OK. So this doesn't rip an entire DVD with extras, but it is still a circumvention of copy protection).
      And these are just 2 low tech answers off the top of my head. I am sure that there are 100's of better solutions.
      It is like cryptography. Short of a one time pad, there is no unbreakable code, simply ones that would take too long to break. By giving you the encrypted material and the plaintext, DRM of necessity makes the breaking of any protection much easier.

      --
      Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
    17. Re:No! Wrong! by Anonymous Coward · · Score: 0
      Until the pro Big Business lawmakers decide to make circumventing DRM restrictions illegal and a criminal act. Oh wait, they already have.


      And that certainly put a stop to digital piracy. Oh wait, it didn't.
    18. Re:No! Wrong! by abb3w · · Score: 1
      No matter what protections are in place, the end result is a digital audio stream. I can always replace my speaker output line with a cable connected to a digital audio recording device and recreate a clean copy of that audio stream.

      Unless, as I just realized, the digital audio stream is itself encrypted by the player hardware using the key from the DRM-licensed speakers, so that it will only play on that one pair of speakers.

      The ultimate bane of existance for a DRM scheme is the analog hole, which (until bionics get a lot better) won't be possible to plug.

      --
      //Information does not want to be free; it wants to breed.
    19. Re:No! Wrong! by Braino420 · · Score: 1

      Although I wouldn't call losing todays pop music a grievous loss, or even progress to begin with, I would have to add that most music talent I've seen has been very open with their music. Hopefully their legacy will continue while todays pop has been long gone. One can only hope.

      --
      They call me the wookie man, I guess that's what I am
    20. Re:No! Wrong! by Anonymous Coward · · Score: 0

      The discovery of the century! Someone has found the PERFECT DRM implementation! The Quote:

      I see a lot of crap going around about how DRM can never work because you have to give users both lock and key. This is based on an unfounded assumption - namely that the user can get the key out of the system easily. In all successful DRM systems I've seen the key is so well protected most users cannot ever hope to do it (and in systems where the hardware was designed to prevent it, it's damn near impossible).

      Ok, first off, I think you may have failed to grasp something here: like wtf you're talking about when you say 'key'. If the user gets the video to play, bare with me here, the key has been put into the lock, and the lock has been unlocked! Wowie! Ok, still bare with me. Since the user can see the video and hear the audio, there is a way to copy it! I know I know, you still don't get it. Let me break it down into something more easily understood:

      Your TV, if you turn it around, on the back there is video inputs. Cool huh? With these TV inputs, there is also TV outputs. Who'd have thought huh? These video outputs, they can be used to 'ouput' the signal you are watching onto a capture device! Ya, you can record stuff! There are even new DRM methods to prevent this, that have not been implemented yet, but I just wanted to get you up to speed on wtf has been going on now.

      Geez, I bet you were thinking you were gonna make it big too.

    21. Re:No! Wrong! by WilliamSChips · · Score: 1

      It doesn't matter if the talent is open with the music, it matters if the people who own the talent are. We can only hope that the Big 5 record companies go down the tubes...

      --
      Please, for the good of Humanity, vote Obama.
    22. Re:No! Wrong! by Forseti · · Score: 1

      > Actually, I've never seen them make that claim.

      Me either. Good point.

      > Just because the car or copy becomes obsolete doesn't entitle you to a replacement.

      Ah! Now that's an interesting point of view, but it's much more of a stretch. There's a BIG difference here. You see, when you buy a car, you didn't pay for the right to move around in a vehicle, you paid for the car, and you own it entirely, all of it's parts and subcomponents are yours forever, to do as you please, including duplication. (As long as you didn't need to steal the original blueprints to do it.) If a car is scrapped, you can use any good parts remaining to build yourself a new car if you want.

      A CD is different, you paid for the right to listen to the music contained within, that's undeniable. There's no way that you paid that price just for a plastic disc containing a thin metal film full of tiny holes.

      Now, the big question is: "Does this distinction make your right eternal, do they owe you replacement media and media transfers for life?" The answer, AFAIK, is that nobedy knows for sure, and that it's sure to change from jurisdiction to jurisdiction.

      --
      Delay is preferable to error. (Thomas Jefferson)
    23. Re:No! Wrong! by cpt+kangarooski · · Score: 1

      You see, when you buy a car, you didn't pay for the right to move around in a vehicle, you paid for the car, and you own it entirely, all of it's parts and subcomponents are yours forever, to do as you please, including duplication.

      Well, barring copyrights, patents, and trademarks pertaining to various parts of the car. For example, if you build a Ford from scratch, you can't actually put the Ford logo or name on it, because it is not made by Ford, no matter how identical it is.

      Anyway, even though you own property, ownership doesn't include a right to break the law. This holds true whether the property is a car or a CD. What laws you could break in relation to a particular piece of property will vary (it's tough to break the speed limit with a plot of land) but this variation doesn't amount for much.

      A CD is different, you paid for the right to listen to the music contained within, that's undeniable. There's no way that you paid that price just for a plastic disc containing a thin metal film full of tiny holes.

      Sort of, but you've got it a little backwards. The right to listen to the music within stems from the ownership of the plastic disc. Copyright does not include a right to listen to the music -- such a right can only possibly stem from owning the copy.

      Now, the big question is: "Does this distinction make your right eternal, do they owe you replacement media and media transfers for life?" The answer, AFAIK, is that nobedy knows for sure, and that it's sure to change from jurisdiction to jurisdiction.

      Seriously, yes, the answer is absolutely known for sure, and it is 'no.' Buying a CD does not involve any obligation from the manufacturer (other than normal warranties) that continue on into the future. And this is true throughout the US and pretty certainly the world. No one other than people on /. and similar boards even thinks otherwise.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    24. Re:No! Wrong! by SheeEttin · · Score: 0

      There is no such thing as DRM!

      You forgot "*waves hand*".

    25. Re:No! Wrong! by Forseti · · Score: 1

      Well, barring copyrights, patents, and trademarks pertaining to various parts of the car. For example, if you build a Ford from scratch, you can't actually put the Ford logo or name on it

      Well, that's a whole other issue. (Copyrights on parts of a car?!?) You can't pass them off as genuine Ford parts, but you can still make them. If the part is simple enough, the process of making it will be unpatentable, and you could even sell these generic parts. Note that I never said you paid for the rights to drive around in a Ford car, you just bought a car that happens to be a Ford. Barring any warranties (legally mandated or complimentary), Ford owes you nothing once you roll off the lot, and you owe them nothing either.

      The right to listen to the music within stems from the ownership of the plastic disc. Copyright does not include a right to listen to the music -- such a right can only possibly stem from owning the copy.

      This right doesn't stem from copyright because copyright has nothing to do with it. copyright is about the rights to distribute copies of a work. I'd like to see a legal text that states that the right stems from ownership of the media, I've never heard anyone other than the media companies make such a formal claim. I don't think anyone's ever established from where that right stems (other than de facto from the transfer of money from you to them) because up until now, no one has really had a worthwhile reason to.

      It certainly never seemed obvious to me that the right is tied only to the medium, I think duplication for personnal media transfer and backup purposes should be a legal right. If it is, your argument doesn't hold water anymore. If a court should ever side with me on this, you can bet that the media corporations will start staing that you only own the medium. If so, from where will the right to listen to the music come from? They'll have to clear that up by lisensing the content. I'm sure this will start happeneing eventually.

      Seriously, yes, the answer is absolutely known for sure, and it is 'no.'

      That makes perfect sense, I certainly don't feel that it would be right for the answer to be 'yes'. Unfortunately, the law doesn't usually deal with common sense or righteousness anymore. You're the lawyer, and I may well be wrong here. But if there's jurisprudence to back up your claim, I'd very much like you to point me to it, because I've never seen any hard proof shown anywhere.

      No one other than people on /. and similar boards even thinks otherwise.

      That may be because the type of people that hang out at these boards are more likely to think about these kinds of details. What the majority thinks doesn't often line up with the law of the land, unfortunately. Most people think in terms of what makes sense to them in a "right or wrong" kind of way, not what may actually be legal or illegal.

      P.S. None of these things makes file sharing legal, or even right.

      --
      Delay is preferable to error. (Thomas Jefferson)
    26. Re:No! Wrong! by cpt+kangarooski · · Score: 1

      Copyrights on parts of a car?!?

      Software and firmware, sculptural or pictoral hood ornaments and other insignia or designs seperable from any useful elements. Patents and trademarks are the dominant forms of protection for car parts and designs, but there are some copyrightable elements in there.

      You can't pass them off as genuine Ford parts, but you can still make them. If the part is simple enough, the process of making it will be unpatentable, and you could even sell these generic parts.

      Yes, but you cannot make a perfect copy of a Ford, because it has to be blank-label. And simplicity doesn't make a part unpatentable. Rather parts -- and the processes used to make the parts or which the parts perform -- may be patentable. You can make a perfectly good car using public domain technologies, sure. But if someone invents, oh, a car wheel that cannot be booted, or a Mr. Fusion, then you can't use that same invention. This results in a non-identical car.

      This right doesn't stem from copyright because copyright has nothing to do with it. copyright is about the rights to distribute copies of a work.

      That's what I said, although n.b. that copyright includes a number of other rights. Distribution is only one of them.

      I'd like to see a legal text that states that the right stems from ownership of the media, I've never heard anyone other than the media companies make such a formal claim. I don't think anyone's ever established from where that right stems (other than de facto from the transfer of money from you to them) because up until now, no one has really had a worthwhile reason to.

      It's just a simple application of the law of personal property. For example, let's say that there is a car parked on the street. Who has the right to drive it? The manufacturer, because they made it? No. Anyone passing by? No. Only the owner, or people the owner authorizes, may use the car.

      The same holds true of a CD. The person who owns it can put it in a player and listen to it. The copyright holder made it, and at one time owned it, but he's sold it off and has lost the right to play it. He did not sell, however, his rights pertaining to the work as defined in copyright law, and thus can still control things such as public performances or making copies.

      Don't let copyright law lead you astray. A CD is no different for the purpose of determining who may play it than a car is for who may drive it or a can opener is for who can open cans with it.

      I think duplication for personnal media transfer and backup purposes should be a legal right.

      And the only thing stopping you is that while ownership of a CD is sufficient to give you a right to do so, copyright can step in and block you. When the copyright expires, you're no longer blocked, and can exercise previously-dormant rights you had already. This is because copyright is not a right to do something, it is a right to exclude others from doing things. That's why the law refers to the rights of copyright as exclusive rights.

      The situation is more clear in the patent field. For example, Alice might invent a new kind of window cleaning fluid. She can patent the formula that comprises the fluid, the process that produces that formula, and the method of using it to clean windows, assuming she meets the various requirements for patentability. Then Bob can come along and invent a method for using it to cure cancer, and patent that. Alice's patent excludes Bob from actually being able to practice his invention. He cannot make more fluid without infringing, you see. Bob's patent excludes Alice from actually being able to practice Bob's invention, as would be expected; she can still do windows, but she can't save lives. The idea is that they eventually come to an agreement since the junior invention is beneficial to both of them.

      Anyhow, I basically agree with you that copyright should be reduced in scope so that some things which are infringements now would not be any longer. However,

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    27. Re:No! Wrong! by Forseti · · Score: 1

      At this point, you and I are probably the two only people who will read this, but what the hell, this is the most well thought-out thread on this subject that I've read here in a long time.

      But if someone invents, oh, a car wheel that cannot be booted

      Well, I doubt that such a design would be simple, so of course it would be patentable. An ordinairy wheel, but 2mm wider than the next widest model, would be too obvious a design, and would not be patentable. Patent clerks seem better at judging this in physical things than in software implementations. Besides, patented or not, AFAIK, you can still legally reproduce it exactly for personnal use. Why not music?

      It's just a simple application of the law of personal property.

      Hard to imagine that an application could be simple when the law itself is anything but! Your argument would certainly be tenable in court, but I doubt that the issue is as clear-cut as you want to make it out to be. How can property law apply to something that isn't property? After all, you yourself say that the work contained on the CD is unownable. Is something nobody own "property"?

      For example, let's say that there is a car parked on the street.

      But the owner OWNS the car! The whole thing, including everything in it. (Barring perhaps the firmware on the computer, but that's a relatively recent development, so let's ignore that.) That's not a perfect metaphore. The closest parallel I can think of would be someone leaving something on your land, or renting out a part of your house. Those are examples of situations where you own the container, but not necessarily the content. Neither of those situations is a simple application of property law, both generated a slew of specific laws and regulations. I think the same is true of music on a medium, and the specific laws aren't there yet because the existing laws haven't REALLY been tested in court.

      And the only thing stopping you is that while ownership of a CD is sufficient to give you a right to do so, copyright can step in and block you.

      Is it? I've never found any part of copyright law that specifically covers copying for personnal use, and if it exists, I'd like to see it because I've been wondering where I really stand for a long time.

      The situation is more clear in the patent field.

      Well yeah, but that's a completely different set of laws, and not really pertinent to a discussion about copyrights. Copyright law needs to be clarified to be as, no, MORE, clear-cut than patent law.

      Meh. I really don't have a problem with file sharing.

      Well, I don't have a problem with it either, but that's more because of my dislike for the big corporations that own the copyrights. I still know that sharing (as in distributing, not downloading) is completly illegal under current copyright law, no revisions needed. And I believe that breaking the law has consequences. If one chooses to break a law that he feels is unjust, it may be right, but he must still face the consequences.

      --
      Delay is preferable to error. (Thomas Jefferson)
    28. Re:No! Wrong! by cpt+kangarooski · · Score: 1

      Well, I doubt that such a design would be simple, so of course it would be patentable.

      Complexity is not a requirement for patentability. To be patentable, an invention must be novel (i.e. never before made), nonobvious (i.e. it must not have been an obvious extension of prior inventions to a person having ordinary skill in the art), and useful (i.e. it must actually do something). There are lots of patented simple inventions, however.

      Besides, patented or not, AFAIK, you can still legally reproduce it exactly for personnal use.

      That is not true. There is no personal use exception for patents.

      How can property law apply to something that isn't property? After all, you yourself say that the work contained on the CD is unownable. Is something nobody own "property"?

      You're making some mistakes there. Here are a few quick points on the various things involved:

      A work is an intangible creative work, such as a story or a song. A copyright is a right pertaining to a work, and which has a limited lifespan. And a copy is a tangible object in which a work is fixed.

      These things are clearly seperate. If you burn a song to five different CDs, then there is still only one work: the song. There are five copies of the work: the CDs. And there is only one copyright.

      A song is not property because it doesn't meet the ordinary requirements for property. While it can be enjoyed, it cannot be lent and recovered, and cannot be disposed of. It is precisely because of the non-ownable nature of creative works that copyright law was created. Copyright attempts to simulate what it would be like if someone could own a song, no matter how many copies that song existed in simultaneously.

      The creator of the song is the author. However, people other than the author might have put the song onto the CDs. And the government grants the copyright.

      When the copyright expires, the song, and the copies, still exist. Destroy any particular copy, and the song still exists. Destroy even the song (by destroying all copies) and the copyright, for whatever good it'll do you, still exists until the term expires.

      The copyright prevents people from doing certain things with regard to the song, such as publicly performing it. In the absence of a copyright, there is no limit, save that you naturally need a copy of the song at some point in order to do things with it; that is, you can't make copies if you have no master copy to start from and have never heard it.

      Since a copyright is a negative right (i.e. a right to prevent other people from doing things, not a right to do them yourself) the expiration of copyright does not grant the public new rights; it merely removes an obstacle that was in their way. This is similar to how, before pilot's licenses were required to fly planes, anyone could, and how if the legal requirement to be licensed was removed, anyone could again.

      The closest parallel I can think of would be someone leaving something on your land, or renting out a part of your house. Those are examples of situations where you own the container, but not necessarily the content. Neither of those situations is a simple application of property law

      Well, those are simple, actually. Let's just say that Alice has a container, and Bob puts an object into the container. Alice owns the container, and Bob owns the Box. Alice may have given Bob permission to put the object in the container, and may have bound herself (by leasing the volume of the container) to allowing him to keep stuff in there for a period of time. Or Bob may be trespassing, in which case Alice can sue him for putting something in the container, and can require him to remove it.

      The trick in our situation is that a record company sells the copy (in this case a CD, acting as our container) and does not own the music within. No one owns the music within; it's unownable, and not property. However, the record company does still have a right to keep people from doing certain thi

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    29. Re:No! Wrong! by ejp1082 · · Score: 1

      Hah! I'll show you... I'll make a copy of it in my head, and listen to it there whenever I want to. The RIAA can't tax me there!

      Seriously though - the reality is that if it can be played, it can be copied. Further, if it can be played, it WILL be copied, and released in an open format.

    30. Re:No! Wrong! by IamTheRealMike · · Score: 1

      This is idiotic - virtually nobody put DVDs on Kazaa or suprnova back when they only way was to point a VCR at the screen or use some complicated standalone player/laptop re-encoder combination. DRM doesn't have to be perfect to be successful and I never said it did - it just has to make things awkward enough that people buy the content instead of pirating it.

    31. Re:No! Wrong! by IamTheRealMike · · Score: 1
      Windows Media DRM renews itself when faced with a crack, and there hasn't been a working crack for correctly renewed content for nearly a year (when set up correctly media auto-renews itself within days of a patch being posted by Microsoft).

      As to games that haven't been cracked, there are long lists on the web. Google "StarForce crack" to find some discussion of this. And these are PC games by the way, not console games.

      And if you want to read about satellite TV DRM then go here. It took several iterations to get it right, but there has been no pirate activity since.

      And finally, if you're going to make ridiculous assertions like "XBox was cracked by some kid, therefore all hardware security can be cracked by some kid" then go learn about the technology itself. And FWIW xbox and DVD security were not easily cracked, in both cases a huge amount of effort was put into it and it was only possible due to flaws in the systems construction (and in both cases, the next iterations of the respective technologies close those holes).

      I'm not saying hardware DRM can never be cracked. I'm saying that when done correctly it's so difficult nobody will bother.

    32. Re:No! Wrong! by Concern · · Score: 1

      You seem confused.

      I've explained how WM was cracked along with every single other similar media DRM system, and your satelite providers, smart-cards regardless. It's quite simple. You seemed to just ignore what I said. Did you not understand? In either case you wait 'till this elaborate black box does the decrypting for you (since it must, since that's its purpose), and you capture the data...

      I did your google search, smirking all the while. No surprise, it doesn't give the results you claim, and for the most part says exactly the opposite. It's full of instructions for cracking starforce protected games. Of course if you're not ignorant of the underlying engineering issues you wouldn't be surprised... Perhaps you think if you find someone writing somewhere that they think it's "uncrackable" you can point to that as "evidence?" You might not know this is an old story, where every new kid in the "copy protection racket" touts themselves as "uncrackable" to the press, meanwhile their stuff is cracked on the net in no time... and they're honestly proud if it takes a few weeks after release to happen.

      If you would be so kind as to name an actual game you think hasn't been cracked...

      make ridiculous assertions

      I never said this, as anyone can clearly see.

      Xbox was cracked by a college student (and a very smart one); I didn't say anything else beyond that, except to point out that people said it wasn't going to happen - and look, they were wrong.

      False sense of security is a natural result of ignorance.

      I'm saying that when done correctly it's so difficult nobody will bother.

      Bother what? Using a Microphone? Or a capture card?

      You can easily make services "copy proof" since you can't "copy" a service, and you can make software difficult to steal with a chain of trust, that's all. How difficult? Who knows.

      Despite your lie, I didn't claim any kid will crack all hardware chains of trust. You know who I did say might?

      Well... maybe if you read again more carefully you could notice...

      --
      Tired of Political Trolls? Opt Out!
    33. Re:No! Wrong! by IamTheRealMike · · Score: 1
      I've explained how WM was cracked along with every single other similar media DRM system, and your satelite providers, smart-cards regardless. It's quite simple. You seemed to just ignore what I said. Did you not understand? In either case you wait 'till this elaborate black box does the decrypting for you (since it must, since that's its purpose), and you capture the data...

      Wonderful .... IIRC there weren't many DVDs available for download in the days when you had to point your camcorder at the screen to "copy" it. DRM isn't about absolutes, something you still fail to realise, it's about making it awkward enough that nobody bothers making copies (and/or uploading them). In the case of smartcard DRM this basically means making it expensive enough.

      I did your google search, smirking all the while. No surprise, it doesn't give the results you claim, and for the most part says exactly the opposite. It's full of instructions for cracking starforce protected games.

      Most of those instructions either don't work, are specific to badly protected games or involve rewiring the internals of your computer - something most potential pirates are not going to bother with. There's no generic software crack for StarForce and never has been. Even if you could decrypt the game content, the crack would be the same size as the original game, posing problems for distribution.

      Of course if you're not ignorant of the underlying engineering issues you wouldn't be surprised.

      I have excellent knowledge of the underlying engineering issues. I've reverse engineered more than one copy protection system in my time in order to make it run on Wine, and I can absolutely believe the claims I read about StarForce. It's surprising that they managed it, but not too surprising. Of course how well protected the game is depends on how much effort the developers put in ...

      There are various lists of uncracked games (or games that took a long time to crack), like the one here.

    34. Re:No! Wrong! by Concern · · Score: 1

      when you had to point your camcorder at the screen to "copy" it.

      Frankly this is a strange thing to say in the days when the net is absolutely lousy with screeners taken in movie theaters. But regardless I take it from how absurd your example is that you realize people will have many easier and more direct ways to capture the decrypted output once it leaves your black box (be it hardware or software).

      Just face it. Anyone can fire up their P2P client and see what to make of your claims about satelite security. And you said WM* hasn't been broken, that was really beyond the pale, even foolish thing to say... You're entirely busted on it. Give up. DRM is DOA - audio and video are unprotectable. The software discussion is more interesting anyway...

      Most of those instructions either don't work,

      Ahh... whatever.

      You're just talking out your ass now.

      There's no generic software crack for StarForce and never has been.

      In practice companies like Starforce love to toot their own horns, but in reality everyone is on a budget of both money and time, and nobody is going to reinvent the wheel for every game. They are going to reuse work, and that reuse reduces the time to crack each new release.

      It doesn't matter if they want to install a dozen device drivers. The drivers are checked for by software code, and those checks can be patched. They can use every stupid trick in the world to stop ida from working. Do you think any piece of software can make disassembly or RE that difficult?

      You can spend lots of time and effort doing lots of custom engineering for each game. I'm sure if you are willing to do this enough, you can delay the inevitable. It is only a delay. Without a hardware chain of trust it's frankly a joke.

      Sooner or later the software must actually run, and if it runs it can be taken apart and examined. If it encrypts itself, the first thing it must do is decrypt itself.

      But you really make my eyebrows go up with this comment:

      Even if you could decrypt the game content, the crack would be the same size as the original game, posing problems for distribution.

      What kind of problems exactly? It's not a statement someone really knowledgable could make.

      You're aware the world has broadband now, right? Feature length movies are now often packaged in 1.4GB rather than 700MB, just because they can... I see 3,4,5GB packages all the time... it's routine.

      There is no longer any such thing as a "distribution problem" for digital media anymore. That's the whole point here. That's what keeps Sony up at night, writing rootkits.

      I have excellent knowledge of the underlying engineering issues.

      So, apparently not.

      There are various lists of uncracked games

      Or as you say, games that were cracked... and Starforce calls itself proud because they delayed the inevitable for some number of weeks...

      Chaos Theory... cracked.

      Trackmania Surprise... cracked...

      King Kong... cracked...

      Etc. etc. etc...

      Anything else?

      Your Starforce fanboy was lying through his teeth, and probably knew it.

      Then again, that's basically a requirement for going into the software copy protection racket. If you can't give your customers a totally unjustifiable sense of security, that's something of a non-starter.

      --
      Tired of Political Trolls? Opt Out!
    35. Re:No! Wrong! by IamTheRealMike · · Score: 1
      I'm tired of this discussion. You believe what you want to believe.

      One thing: nearly all copy protection systems for games advertise the time taken to crack the game, because game publishers aren't fussed about the difference between taking a year to crack and never being cracked. If you plot revenue brought in by a game then for most it tapers off to almost nothing after less than a year. Generally, if the copy protection holds for a few months then 99% of those who were waiting for a crack will just go out and buy it. So it has succeeded by the game publishers measure.

    36. Re:No! Wrong! by Concern · · Score: 1
      I'm tired of this discussion. You believe what you want to believe.

      Ahh... let's be real here. I can explain and defend my reasons for believing what I believe. Don't make it out like you could but you just don't feel like it. I can summarize your argument thusly:

      • WM* is unbroken (wrong, goofy)
      • Satelite is unbroken (wrong, goofy)
      • There are uncracked games (but you won't say which)
      • OK, fine, these are the games (OK, they were cracked)
      • Well I really just meant the copy protection lasted a little longer than usual... (ok, haha)
      • But the new consoles will definitely succeed anyway where every other device in history has failed (want to bet?)

      No hard feelings, though.

      the difference between taking a year to crack and never being cracked.

      OK, let's start over, smart guy.

      Show me a game that took a year to crack.

      I'm willing to bet lasting one quarter as long on the PC is some kind of world record.

      So it has succeeded by the game publishers measure.

      Yes, I fully grant you that even a relatively short delay probably justifies some non-trivial amount of effort.

      It's irrelevant to my original point, which is about DRM, but it is an interesting caveat.
      --
      Tired of Political Trolls? Opt Out!
  10. DRM is avoiding the underlying issue. by gasmonso · · Score: 4, Insightful

    DRM is what the industry is using to avoid the real issue at hand. The real issue is that movie and music industry have become too greedy and see the consumer as a revenue source and not a customer. They have come to expect a certain amount of money without adapting to a changing marketplace. People expect movies and music to be of high quality and freely transferable to other devices like iPods. The industry won't except that because their business model has worked for decades without problems. With the growing digital media revolution, they have found it difficult to adapt, so out of fear and ignorance they have chosen draconian DRM measures to safeguard their empire instead of pleasing the paying consumer. While it may work in the short term, it is destined to fail in the long wrong because the consumer's dollar has the final say... I hope.

    http://religiousfreaks.com/
    1. Re:DRM is avoiding the underlying issue. by Urusai · · Score: 1

      Refreshingly naive...you fail to realize that the government trumps capitalist mechanisms, and that the government is run by and for people who only care about the consolidation of wealth and power. You may protest that we can "vote the bums out", but recent history would imply otherwise. DRM is here to stay, just like domestic spying, unwarranted searches, and torture.

      I figure it will take another Great Depression to cause a shakeup. The good news? It's coming.

    2. Re:DRM is avoiding the underlying issue. by Anne+Honime · · Score: 1
      May I respectfully disagree ? I think the situation is far worse than the one you describe. Basically, you're stating that the old economic model of entertainment industry is doomed because it can't cope with Internet. But it's in no way different than in old times, when you could copy whatever LP at hand on a tape ! And that didn't stop the old model from being profitable, last I checked.

      I personaly think that instead of being aslept, the industry did had a new model at hand for the internet since a very long time. This model is the pay per view, and all we see around us is a fanatical attempt to force that new model down our consumer's throats.

    3. Re:DRM is avoiding the underlying issue. by compro01 · · Score: 1

      I figure it will take another Great Depression to cause a shakeup. The good news? It's coming.

      correct me if i missed the meaning on something you said, but i doubt that there will be another great depression, barring some massive global catastrophe.. there has already been a greater stock crash in 1987 than there was in 1929. and i also believe that there was a even greater drop in the Dow Jones on September 17, 2001. the whole system is well set up now to prevent such a thing from occurring again.

      --
      upon the advice of my lawyer, i have no sig at this time
    4. Re:DRM is avoiding the underlying issue. by mikesmind · · Score: 1
      I figure it will take another Great Depression to cause a shakeup. The good news? It's coming.

      That's why I bought a farm. The only problem is that they want to "DRM" my livestock in the form of NAIS. Yes, the US Government wants to control everything!

      --
      www.mikesmind.com - www.daddyworkathome.com - www.freetofarm.org - www.tenfoottable.com
    5. Re:DRM is avoiding the underlying issue. by Anonymous Coward · · Score: 0

      there has already been a greater stock crash in 1987 than there was in 1929.

      Of course, the Depression was a lot more than just a stock market crash. Just because it didn't happen in 1987 doesn't mean it couldn't happed again. And, it doesn't even have to be triggered by something dramatic like a market crash. The economy is a chaotic system... an extended period of rising poverty, declining median income, and huge trade and budget deficits could be enough to start a feedback loop that leads to a depression to make the '30s look like prosperity. Hmm, sound familiar?

      Hey, nothing like a Friday the 13th to bring out the happy thoughts.

    6. Re:DRM is avoiding the underlying issue. by Anonymous Coward · · Score: 0
      I can't believe you spit all that out without even a passing mention of how the entertainment industry achieved its power over consumers: Government.

      In the absence of this huge web of ambiguous, exploitable law and indisputable power, do you really think the music industry would be able to exploit the consumer? In other words, do you not think the situation would be different if the music industry had to operate 100% on voluntary association?

      Look at the cause of the disease, not the symptoms.

    7. Re:DRM is avoiding the underlying issue. by Braino420 · · Score: 1

      I wish your tinfoil hat would fit over your mouth. And fingers too, i guess.

      --
      They call me the wookie man, I guess that's what I am
    8. Re:DRM is avoiding the underlying issue. by Braino420 · · Score: 1

      It is, in fact, VERY different from the old times.. You're right, you could copy your tapes and record off the radio... but... with the whole internet thing, the situation has been blown wide open.

      I mean, how many people could/would you distribute your copied tapes to? You still have to go through all the trouble of copying the audio, buying the tapes.. I bet if you wanted to you would give your friends a tape and it would travel down the line (your friends give it to their friends and so on). That takes incredible long, meanwhile the tapes' audio quality are suffering greatly.

      Here comes the internet, more specifically we can use Kazaa as an example. Thousands and thousands of people can get what you copied in a matter of hours. I hope you can tell the difference now. And you can also note that Napster is what really started alot of the major actions by the RIAA.

      For further reading you can try this article on what has been coined the darknet.

      --
      They call me the wookie man, I guess that's what I am
    9. Re:DRM is avoiding the underlying issue. by Anne+Honime · · Score: 1
      I understand your point of view, but I still firmly believe I'm right ; for instance, you say "with the whole internet thing, the situation has been blown wide open" : NO. There sure was an escalation of an order of magnitude in nature, but no fundamental change in essence. You'd be amazed to know how much we shared when I was at the uni in the 90's - ratio being somewhere around 1 bought for 10 copied. Nobody ever thought it was troublesome to buy blank tapes and spend 15 min to copy 45 min of music (high speed dubbing, for the youngest among the readers), because there was no alternative.

      And about Napster, which you point as the root of RIAA actions, I'd bet in fact that RIAA was actually thankful they so blantly fell into their plan : in our old world, you could buy music. After Napster, the RIAA spinned so much the media that everybody is now nearly convinced entertainment is something you rent and you never own. More, thanks to Napster, RIAA is on the verge of having the so-called 'analog hole' plugged, but what's the 'analog hole' ? It was your former fair use right, mind you !

      That is a change in essence, and not in nature. Thank you for the article, very intersting, btw.

  11. Re:The Rights of Artists Vs the Rights of Listener by hzs202 · · Score: 2, Funny

    Now, this DRM business seems to be just a sign that not only will music copyrights stand but we are also going to lose some of our rights as to what happens when we attempt to merely listen to a purchased recording.

    I disagree... especially with crusaders like the Bearded RMS rallying troops against the encroaching evil DRM-Empire.

  12. It's really quite simple - virus scan! by maillemaker · · Score: 4, Insightful

    If the various virus scanner companies can resist getting into bed with the guys foisting this DRM stuff on us, and make their virus scanning utilities detect this crap _like_any_other_virus_or_malware_, then it wouldn't be much of an issue.

    I know, I know - if the DRM wasn't there to begin with it wouldn't be an issue. But like virii and malware, it is probably here to stay. Just give me reliable tools to crush this stuff.

    Steve

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:It's really quite simple - virus scan! by pistofalot · · Score: 1

      Except virus scanners can't do anything about TPM (TCM?). Apologies if I've missed someone saying this already.

      --
      Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln (1809-18
    2. Re:It's really quite simple - virus scan! by cyclomedia · · Score: 1

      unfortunatley the day will probably come when polititians bribed^Wpressured by big media companies see fit to pass (or to enforce new spins on exisiting) laws that make removing DRM software synonymous with "circumventing copyright protection"

      --
      If you don't risk failure you don't risk success.
  13. Amusing by Anonymous Coward · · Score: 0

    I don't listen to music or watch movies on my own PC's, I don't bother with souncards. I also have never (to my knowledge) been rooted, had a virus or had a PGP protected message compromised. I have no need for TCPA or DRM and such technologies are detrimental to my use of a computer. The only game I have played in the last 2 years is Doom3 on linux - onboard AC97 audio all the way. The machine running Doom3 has binary only drivers and binary only code, I refuse to do any online banking using the gaming box.

    1. Re:Amusing by Jumper99 · · Score: 0, Offtopic

      I don't listen to music or watch movies on my own PC's, I don't bother with souncards.

      Doood, Mom cut off your allowance????

      The only game I have played in the last 2 years is Doom3 on linux - onboard AC97 audio all the way.

      Yep, definitely time to move out of the basement.

      --
      The opinions expressed here are not mine, but those of these dang voices in my head.
  14. Wrong again by MooseTick · · Score: 1

    "It's a jail. Things only need to escape once. Once they escape they're on the internet in open formats and the game is over."

    The game will only be over for technophiles. A day will come where it will take a bit of hacking to get and listen to content that had DRM. It won't be impossible, but difficult. Yes, people will be able to defeat it but most won't know how or care to bother. It used to be a pain to copy an album onto a cassette and wans't worth the trouble to many people. Soon a DRM will come that will be equally painful and most but not all will be stymied.

    I'm not saying I approve or disapprove of DRM, but it will not go away. It will slowly become more accepted and move covert.

  15. There are no answers by thaerin · · Score: 2, Insightful

    He raises several questions that the developers of DRM technologies ought to answer - because not all computers are merely personal entertainment systems for 'content' consumers."

    And how likely is it that they'll ever be forced to answer these questions? Considering the deep pockets of both the music and video industries and how much pull they have via their lobbyists, it's likely they'll never be pressed to answer these types of important questions. Without some more high profile issues like those witnessed with the Sony fiasco, the average consumer will probably never be the wiser as to the depths of contempt these companies have for their customers. To them, every single person is a potential thief.

    --
    If big boobed women work at Hooters do one legged women work at IHOP?
  16. Why not use DRM for security by G4from128k · · Score: 2, Interesting

    PC owners need to take control of their PC to secure the machine. If content owners can control what content buyers do with their data, then perhaps PC owners should exert similar control. Perhaps not every application on a PC should have the right to send any bit of data over a network. Preventing keyboard loggers, file snoopers, IM buddy list readers, etc. is effectively a type of DRM -- "sorry MalWare.exe, but only one copy of that SSN is allowed". As with P2P applications, DRM is just a tool that can be used for "evil" or "good". Perhaps PC owners can use that tool to secure their data and their machines.

    --
    Two wrongs don't make a right, but three lefts do.
    1. Re:Why not use DRM for security by IdleTime · · Score: 1

      Yadda yadda yadda....

      That's all fine and dandy as long as you know what goes on on a PC. 99.9% of all PC users do not. Why? They don't care, have no interest etc and that is how it should be. Why should a regular user have to have a Masters in computing in order to use it?

      It's like me and cars. I can fill gas and wiper fluid and a couple of other things, but that is all. I have no interest in what goes on under the hood, to me a car is a transportation vechilel, nothing more, nothing less. It's the same with PC's for the wast majority of users.

      --
      If you mod me down, I *will* introduce you to my sister!
    2. Re:Why not use DRM for security by level_headed_midwest · · Score: 1

      That would be a good use of the technology, but it is sadly incompatible with the TPM standard. Why? Because then you could block all of the authentication used to verify your box is compliant and thus use a "hacked" box on the secure network. That would totally defeat the entire reason for TPM because you could defeat the copy protection.

      --
      Just "gittin-r-done," day after day.
  17. Don't need a why. by Penguinoflight · · Score: 1

    People like to be free, they might not know what DRM is, but they will still want to copy a single track off their cd so they can play it at the skating rink, a wedding, or a graduation (basically anywhere your disc is likely to get lost/broken) The fact that they wont be able to do so will bother these ignorant masses quite a lot. The responsibility of informing these people lies on the tech-saviour (whoever circumvents the DRM, and gives them a copy).

    I liken this problem to speeding. Everyone speeds sometimes, and some have no regard whatsoever for speed limits; most of these people have little driving skill, and less vehicle repair/performance experience. Some will even go as far as removing a speed limiter even though they don't fully understand what it is.

    DRM will probably be the same way soon. It may take different technical forms, but the basic idea is very simple, and understanding the idea is unimportant to disliking it.

    --
    "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
    1 John 4:14
  18. This may also be a non-issue in a few years... by Techguy666 · · Score: 1

    I'm concerned about DRM as much as anyone here, possibly moreso because I work in an laptop-based educational environment and DRM is going to affect students in the classroom and when they're at home.

    On the other hand, if Microsoft is serious about security and the other OS platforms grow in popularity, people should eventually end up with just as many access rights as they need to function on their computer and no more. If a DRM like Sony's rootkit were to try to install itself, it would either fail or trigger a warning allowing people to make an informed (yeah, yeah, I know) decision about whether to install the stuff or not.

    Any technique used by DRM makers to sneak tracking software into a computer can be used by (more) malicious types to sneak software into a computer. OS makers serious about security would be forced to either patch the problem or offer their own "safe" brand of DRM (as Microsoft seems to be doing). Either way, 3rd party DRM creators probably won't ultimately win this battle.

    1. Re:This may also be a non-issue in a few years... by garcia · · Score: 0

      OS makers serious about security would be forced to either patch the problem or offer their own "safe" brand of DRM (as Microsoft seems to be doing). Either way, 3rd party DRM creators probably won't ultimately win this battle.

      Yes, we know, I've brought it up many, many, many times before. The only way to completely lock down a system is to make sure that you are in collusion with the BIOS companies (in Microsoft's case it's Phoenix) and to make sure that you have your own "Internet" to work with. If you don't have those two things, DRM is basically useless.

      Once the "new, DRM, safe, 'Internet'" appears and everyone is forced to use it because their online banking, music stores, credit cards, bill pays, etc, all require it, the current iteration of the Internet will return to the usefulness of the underground WarezBBS days. Especially when the government outlaws connecting to it due to "National Security Concerns".

    2. Re:This may also be a non-issue in a few years... by KlomDark · · Score: 1

      "people should eventually end up with just as many access rights as they need to function on their computer and no more."

      Whoa whoa whoa! In which contexts are you looking at the situation? Sure, in an educational or corporate environment, limiting access is acceptable.

      But what about on personally owned machines? It's my box, I get full access rights, no questions about it.

    3. Re:This may also be a non-issue in a few years... by Techguy666 · · Score: 1

      "But what about on personally owned machines? It's my box, I get full access rights, no questions about it."

      Two points:

      1) OSes really should give you the rights you need if you need them and no more. Of course, if you are the sole administrator of a machine, chances are you will need access to the full range of options offered by the OS. But you don't need all the options all of the time. Compare the amount of time you spend using your machine (for example, applications such as word processing or e-mail or web-browsing) as opposed to the time you spend administrating your machine (such as installing on uninstalling software or setting up a network). The typical user will spend more time using a machine than administrating it, hopefully.

      2) Philosophically, you don't have automatic full access to your computer right now anyway, I bet. The second you install an antivirus program, you have effectively given up your right to install known viruses onto your own computer, if you think about it. Same with spyware if you have anti-spyware programs installed on your computer. So, there are certain software you either can't install or have to work really, really hard to install on such a computer. Antivirus and antispyware by the nature of what they do effectively restricts your right to install stuff willy-nilly. Now, did you miss those rights? Did you even notice? In the future, a good OS should automatically be hardened to prevent suspicious application or user behaviour and you probably won't even notice if you are a typical user.

    4. Re:This may also be a non-issue in a few years... by KlomDark · · Score: 1

      Installing an antivirus or antispyware most certainly does not take away my right to install a virus. (Wow, can we say Red Herring argument here?) My right to uninstall that antivirus or antispyware, and then 'install' the virus/spyware (Yah, right, whatever, can we come up with a dumber argument?) is not taken away.

  19. Workaround by TheDoctorWho · · Score: 1

    Buy music from ALLOFMP3.com.
    DVDs, leave it to the standalone DVD Player.
    Anyting I want copies of, Download.

    1. Re:Workaround by pembo13 · · Score: 1

      You are very wise!

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    2. Re:Workaround by funkatron · · Score: 1

      Why not just download it?? save yourself some money.

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
  20. Re:The Rights of Artists Vs the Rights of Listener by VitaminB52 · · Score: 4, Interesting
    Do I have the right to buy DRMed music as a gift for somebody else?

    When I buy DRMed music by downloading it to my own PC, then (some implementations of) DRM will bind the downloaded music to a licencing key on my machine. So if the bought and downloaded music is intended as a birthday gift for someone else, how will he/she be able to play it on his/her PC? Or how will I be able to play it on my laptop, if I downloaded it on my desktop?

    While DRM is intended to increase music sales, the implementation of DRM technologies that binds a DRMed tracks to a license key on the downloading PC will prevent this track from playing on other (peoples) machines. So buying DRMed music as a gift for someone else won't be an option if DRM prevents playback on other PC - which isn't very good for music sales.

    Rootkits and security holes are just one kinf of pain that comes with DRM. The inability to playback bought tracks on the OS of your choice (say Linux), or a different PC than the one used for the download, is another pain.

  21. Re the wagonsmith(?) by donscarletti · · Score: 1

    I believe you call someone who makes wagons a "cartwright". "Smith" tends to refer to someone who works in metal, e.g. blacksmith, gunsmith, goldsmith, silversmith.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  22. Re:The Rights of Artists Vs the Rights of Listener by Information+Architec · · Score: 1

    Perhaps these new DRM actions overstep the bounds of consumer rights so far that it ensures copyrights will always be in place? What I mean is that the focus and question seems to not be, "What are the artist's musician's rights?" so much as "What rights do we even have as consumers?
    This is the key question. Whilst market muscle seems to be able to dictate certain aspects of our behaviour - whether regarding DRM, what authentication methods are used to access certain services, or whatever - the balance of power invariably lies with the provider dictating and requiring use of the terms that best suit their business and to hell with what the consumer might want. Public policy and public standards propose and enforce sane, safe and workable solutions to all aspects of our lives (imagine no rules of the road - yeah, I guess some /.ers would be happy with that until they are the ones that get smashed up), so why on Earth not get their hands dirty on this one? Who do these guys think they are telling us how to behave? If anyone has such a right, it is the state not the market.

  23. DRM vs. other goals by Sique · · Score: 4, Insightful

    The main problem with DRM is that in current legislation with DMCA and related laws, DRM has the highest priority in computing. Basicly every computer task has to comply with DRM, or it is a "circumvention device". Security, Audition, Reliability... everything has to take second seat behind DRM. And only if something bad happens due to this priorising (like in the case of the Sony Rootkit), this rule gets questioned for that particular event.

    The most convincing argument the article brought was, what would happen if the 'analog hole' gets plugged, and every analog recording device has to comply with DRM. Imagine the bad boys robbing a store just taking a portable video player first and start playing a movie in front of the surveillance camera: According to the potential law the camera has to stop recording, otherwise it would record an illicit copy of the movie! But if surveillance cameras are taken out of the law, who hinders the bad boys to buy one and take it to the cinema to record the movie?

    DRM is not orthogonal to other computer tasks. It gets in the way of everything. It has to audit every piece of information moved. And it is not able to take in account the importance of the movement or the effects it has if it stops the movement of information. It can't decide from the context if it should shut down the task or let it run. It's all or nothing. If it encounters a trigger, it will shut down the task anyway, may the data stream be generated by the underage son trying to rip a CD or by the brake sensors telling the brake to stop the car immediately.

    --
    .sig: Sique *sigh*
    1. Re:DRM vs. other goals by funkatron · · Score: 1

      what would happen if the 'analog hole' gets plugged, and every analog recording device has to comply with DRM.

      Hopefully (this is the best outcome I can think of) this would piss off enough musicians to have them abandon the record industry as it currently exists. The signal from a microphone is analogue so if the "analogue hole" is plugged all music will be DRMed even if the performer doesnt want it. What would be even better would be if the DRM stopped A & R departments listening to demos, this would surely be the death of the industry

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    2. Re:DRM vs. other goals by Anonymous Coward · · Score: 0

      Death of the industry? I don't think so. Last time I checked, the current entertainment industry is the result of rebelling against Thomas Edison's movie monopoly. How can we be sure these so 'rebel musician' won't one day become the very threat to the society? From what I've seen, it will take only ten years for these rebels to succumb to the dark side.

  24. Freedom of Choice by Billosaur · · Score: 4, Insightful

    In the end, it's not about DRM software, system security, greed or anything else. It boils down to this: am I free to do what I want? To listen to the music I want when I want, to watch the TV programs I want to watch, to download the internet content/software I want to have on my machine. To quote the phrase, "freedom isn't free," nor is it profitable.

    If "consumers" (and that word should become an epithet) are allowed to have true choice, free access to everything, they will choose the things they want. If the companies providing those things charge a minimal fee for the privilege, they will make money. The conflict arises because "consumers" want something for nothing and producers want more money than is reasonable for their products, beyond the mere expense of producing them.

    It's all going to come to a head eventually. Things can either be free or they can be metered, like electricity and water. And don't forget, the power company can cut you off at any time. Of course, if you're smart, you can generate you're own electricity. In the end it's a battle of wits between producers and consumers; I think it's safe to say the consumers hold the ultimate edge, for if they don't consume, producers will not have the resources to produce.

    --
    GetOuttaMySpace - The Anti-Social Network
    1. Re:Freedom of Choice by Alioth · · Score: 1

      A nitpick: customers not consumers hold the edge. A consumer follows the herd. A customer on the other hand makes decisions. If the customer doesn't like DRM, they don't buy things that use the DRM they don't like. A consumer doesn't care, they just want to consume the shite marketed towards them.

    2. Re:Freedom of Choice by Billosaur · · Score: 1

      For clarification purposes from Merriam-Webster:

      • consumer - Usage: often attributive: one that consumes : as a : one that utilizes economic goods
      • customer - 1 : one that purchases a commodity or service

      6 of one, a half dozen of the other. Semantics isn't my specialty and I try to keep my arguments in a simpler context. Either word will do, though "consumer" is usually linked with "producer", hence my choice. In the broader social context, you have a valid point.

      --
      GetOuttaMySpace - The Anti-Social Network
    3. Re:Freedom of Choice by 'nother+poster · · Score: 1

      Customers and consumers are not always the same person. I am a customer of Blizzard entertainment. My son is a consumer of their product.

    4. Re:Freedom of Choice by Red+Flayer · · Score: 1

      "The conflict arises because "consumers" want something for nothing and producers want more money than is reasonable for their products, beyond the mere expense of producing them."

      Why should producers sell goods for equal or less than the cost of making them? If that were the case, they'd all stop producing and we'd be left with no content at all.

      I understand what you're saying, but the problem is not that producers want to make money -- the conflict arises from the fact that consumers have a nearly free alternative supply, thus destroying the ability of the content producers to make money.

      Conflicts about pricing, like the one you describe, are normally resolved through the market. Will everyone be happy with the result? No, but resolution exists. What's happened with the music industry is that market forces can no longer determine pricing, since black market supply is infinite (thus nearly free-as-in-beer). So the conflict arises from the fact that there is no profit for traditional producers, and therefore no incentive to remain in business -- unless they figure out a way to restrict the black market supply. Hence, DRM.

      The end as I see it? A long, slow death for the RIAA companies as their business model falls apart, while they struggle to legislate a return of their profit-laden golden years. I strongly feel that it is immoral to download copyrighted material without paying a licensed distributor, unless it falls under fair use (like backup copies, or formats for my different players). But I'm fully aware that most people (or at least, most people on slashdot) don't feel the same way, and this will continue to destroy the traditional market for music.

      In the end, we'll see less choice of top-notch studio-produced music, especially for music that can't support itself via live performance. However, we'll be able to get whatever's out there for free.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    5. Re:Freedom of Choice by babyphatman · · Score: 1

      You made some interesting points but I have to disagree with this statement.

      "In the end, we'll see less choice of top-notch studio-produced music, especially for music that can't support itself via live performance."

      The exact opposite is true. It is much easier and cheaper now to produce music, especially electronic or studio-enhanced music, than ever before. What hasn't changed, and has only gotten more expensive, is marketing. I think what we'll see is fewer over-hyped mega acts because they will become too expensive to market. There will however be no lack of excellent music produced. Finding new artists is becoming easier as well. Through social networking sites like last.fm and pandora.com, as well as the many online radio stations and online publications like pitchfork, new acts can spread through word of mouth very fast. The only thing changing here is the **AA's strangle hold on what they decide we should hear.

      --
      A person is smart. People are dumb, panicky dangerous animals...
  25. Huh? Just one machine? DRM applicance. by redelm · · Score: 1
    Who here has just one computer? My kids each have their own (my daughter is building her third). Old machines get retired to guestroom use. I have two on a KVM, and a half dozen nearby. Of course, we're not all geeks, and some people have only one comp {shudder in Horror}.

    I don't like DRM. Not at all. They'll have to discount it heavily, or have some pretty compelling content (which is nowhere to be seen) before I buy. But it will probably be a dedicated DRM applicance, 'cuz there's no way to secure a PC computer. None when the user has root and access to hardware. Not even strong crypto.

    1. Re:Huh? Just one machine? DRM applicance. by level_headed_midwest · · Score: 1

      You have an interesting point with the dedicated DRM appliance. I actually see the entertainment PCs and HTPCs becoming appliances like a cable box: a sealed box that you don't own and aren't to modify. You pay for access to the content like you do for cable TV or satellite- per month or possibly per-view and the content comes in through an encrypted channel like it does to the satellite or cable box. I don't have too big of a problem with that as I couldn't care less about one and would never get one. If people don't like it, they can get no-DRM files from an alternate provider that they can play on a computer than has no DRM.

      --
      Just "gittin-r-done," day after day.
  26. Screw the poster by Biff98 · · Score: 2, Interesting

    I can't believe this. I never thought I'd see the day. Someone using the fact that Micros~1 writes a terribly insecure operating system to argue that DRM and IP is a bad idea.

    I'm not saying that enforcing IP rights on media files via proprietary software is a good idea.

    The fact that Windows' terrible security model makes it a trivial task for user-space programs to comprimise the security of a computer, doesn't mean DRM-enforcing techniques are a TERRIBLE IDEA.

    What a HORRIBLE, AWFUL scar on the front page of Slashdot. Shame on Slashdot (again)

    1. Re:Screw the poster by Anonymous Coward · · Score: 0

      Get over yourself already.....

      The issue is the killing of any consumer rights to fair use of the products they purchase in a way which also has great potential to compromise the security of their data/computer, not your anti-Windows zealotry.

    2. Re:Screw the poster by xtracto · · Score: 1

      I have posted a reply that will do to you here

      Why do you think that those sneaky DRM programs never did it to OSX or Linux?, it is because Windows gives its users ADMINISTRATOR rights by default.

      If, lets pretend, the program was written in Java, and when you inserted the Get right with the man cd on your linux and OSX machine, the "YOU MUST INSTALL SONY PLAYER TO PLAY THIS CD ON YOUR COMPUTER... OR DIE" screen appeared, then, you may have chose to do it, or you may have NOT, in that case, the program would attempt to install the nasty rootkit, and baaaazooom, after you clicked "CANCEL" a root password prompt would have appeared in your window... capish?

      Come on, the Sony "rootkit" didn't just happened to any Joe Six... Dr. Mark Freaking Russinovich found it hidden IN HIS COMPUTER. Do not come to tell me it was because the user was incompetent... lol

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
  27. A new approach to intellectual property by maximthemagnificent · · Score: 3, Insightful

    Let's assume that safeguarding intellectual property is, in fact, impossible. Can we still come up with a system that rewards people for their efforts? I believe we can. Basically, an artist, programmer, or filmaker would give their product to a government agency (much like a national library) and that product would be available free to any citizen for the asking, except for the cost of manuals, etc. The artist would be paid a bountya ccording to how many people take delivery on their product, so he gets compensation. The revenue would come from the tax stream, again like libraries. Now before you start railing against creeping socialism, think this system through. Everyone would have the most productive, up-to-date software, older versions wouldn't need to be supported. Also, basically everybody indulges in one form of entertainment or another, so drawing from the tax base isn't unreasonable.

    1. Re:A new approach to intellectual property by McGiraf · · Score: 1

      it not creeping socialism, it is socialism. (not that there's anything wrong with that!)

    2. Re:A new approach to intellectual property by TractorBarry · · Score: 1

      Well if we were all reasonable peole that's the sort of things we could work towards ;) But given human nature then here are just a couple of questions I just thought of:

      1) How would the tax be levied ? Some people might not "consume" ANY entertainment or software. Should they have to pay too ? Maybe you're thinking of taxing "any device capable of being used to view content" ? then what about people who are buying said devices to only view content they themselves have created ? (e.g. home camcorder movie playback)

      2) How are you going to count third party deliveries ? e.g. I get a couple of songs/programs I like and pass them on. THe person I pass them on to passes them on to two frieds etc. until 10 people have enjoyed the thing. So the person who wrote the stuff should really be getting 10 "votes" counted against their stuff but, because everyone beyond me got it via a friend, they've only got one "vote" logged.

      3) Big companies would just set up automated swaetshops to keep "voting" for whatever crap they're pushing. So we'd stil lhave "top 10" charts full of crap taking the biggest piece of the pie.

      Nice idea though.

      --
      Sky subscribers are morons. They pay to be advertised at !
    3. Re:A new approach to intellectual property by maximthemagnificent · · Score: 1

      To cover your points: 1) As far as exactly how the tax is levied, I believe that is irrelevant. Some people don't drive, yet they pay to upkeep the roads. It's a comparatively small detail. 2) As the goods are available free (well in a direct sense), there is no reason for your friends not to get it from the central source. In fact, they'd want to as it would reward the people whose products they enjoy. 3) You'd have to have a registered account to request goods, or else exactly that sort of inflation would occur. I ask that you compare the problems with this system against the problems with the current one! hehe

    4. Re:A new approach to intellectual property by LurkerXXX · · Score: 1
      1) Much upkeep of the roads is paid for in the form of a tax on gasoline, vehicle license registration, vehicle value taxes in some states, tolls on toll roads, etc. The taxes come much more from the people who use the roads than people who never do. Everyone 'uses' the roads to some extent (mail delivered to them comes via the roads, etc), even if they never drive a day in their lives. It's a horrible analogy.

      2) What if your friend hasn't paid for a fast internet connection and wants a copy? It's much easier to just get a copy from you when you stop by. Passing on by other means will happen.

      3) So what? Have a bunch of folks who are registered arleady download your software everytime you make a new version, wheather they actually use it or not. Your numbers go up, you get more money. The system is set up for scamming.

    5. Re:A new approach to intellectual property by maximthemagnificent · · Score: 1

      You are correct about the gas tax, sorry about that. However, there are many other examples that prove my point (libraries, national defense, etc). The larger point is that coming up with a reasonable system to pay for really shouldn't be a major issue, as everyone will benefit from it. As far as getting copies from your friend, it would still be in the interest of people to report that they are using the product so as to reward people who produce products they like. Sure, not every single instance may get reported, but that is, again, a very small detail. Your third point seems flawed to me. As new products must be registered so people can download them, and a user's history will be known, the difference between upgrade and new user is easy to distinguish. Your seperate point about people downloading things and then not using them is one that I have thought of as well. If it's all free, I'll get EVERYTHING! I suspect that since everything is operating within this environment, statistcis will easily avergae out such effects. It would be nice if you guys could be a little more constructive and try to help come up with solutions to the fine details. Our current system is seriously flawed, for example. I just came up with this a couple of months ago, so cut me some slack for not having a complete write up ready for congress. Geez. Tough crowd.

    6. Re:A new approach to intellectual property by IamTheRealMike · · Score: 1
      Excellent. We need more economic/social discussion like this. I said in another post that DRM is a symptom and this is the sort of thinking that will really defeat it eventually - eliminate the idea of information as property and DRM becomes pointless.

      Now, on this idea specifically, it already exists. The BBC is funded by a license fee, and produces much digital content that is freely available to all UK citizens. There are a few things to bear in mind:

      • The BBC shows this can work. However it is far from uncontroversial. My own parents were the other day discussing how they feel it's unfair that they pay for the BBC website when they hardly ever use it. They felt that the license fee should only fund TV and radio. I pointed out that they listen to BBC Radio 4 (talk radio) which is very expensive, yet I never do, I only use the website. See - everybody 'consumes' different entertainment, but inevitably people feel they should only pay for what they use. Actually I don't mind the flat license fee, but some people are more right-wing.

      • The BBC was set up in a different time, in the World War I/II eras, some time before TV even existed. The mood of UK society was much different back then. The economic dominance of the US and its strongly capitalist philosphies, along with the free-market ideologies of Thatcher and New Labour would make it totally impossible to set up today. No chance in hell. You would be laughed at for suggesting that an enormous organisation funded by a TV tax should be set up to compete with the private sector.

      • The BBCs content is not unrestricted! Their TV transmissions are restricted to the UK by the physics of radio waves, except for things like the world service which are funded by the Foreign Office, and BBC America etc which are partly commercial. DVDs of their TV shows aren't free, and in fact cost as much as regular shows (ie you aren't just paying for the physical media). When they begin streaming video over the internet it'll be IP Geocoded so only UK residents can watch.

        This is because the content still has intrinsic value: even though in the UK it's paid for with a flat fee, outside of the country it can still be sold just like normal property can. So it's sold to competing networks rather than put on the internet for free. People like my parents would agree with this, because they would otherwise feel it would be unfair to fund the rest of the worlds entertainment.

      In short, it's not a bad idea and has many merits, but is unlikely to gain traction. We need to keep thinking.

    7. Re:A new approach to intellectual property by Mr2001 · · Score: 1

      Can we still come up with a system that rewards people for their efforts? I believe we can. Basically, an artist, programmer, or filmaker would give their product to a government agency [...] The artist would be paid a bounty [...]

      There's also a capitalist solution, and it's much simpler: just stop enforcing copyrights.

      If there's no copyright, no one will record a song or produce a movie without some guarantee up front that they'll be paid (unless they're not doing it to get paid, in which case kudos are in order). Instead, they'll do what anyone else with a valuable skill does - they'll find customers, negotiate a price, perform their service, and then move on to producing something else for another customer.

      They'll be paid for their time--that is, for directly applying their talent to produce something--not for making copies or for having produced something 20 years earlier. And if the price they ask for their time is higher than a single person is willing to pay, as it surely will be, then people will group together to pool their money and fund the production of the kind of art they want to hear.

      --
      Visual IRC: Fast. Powerful. Free.
    8. Re:A new approach to intellectual property by maximthemagnificent · · Score: 1

      I'm unclear how this would translate to music, for example. You can't be suggesting per-listener negotiations, so how does this work in practice? Paid by the music industry? Well, they'll care about making a return on their investment, so the DRM issure woudl still be there. I guess I simply don't get what you're trying to suggest. Could you flesh it out some?

    9. Re:A new approach to intellectual property by maximthemagnificent · · Score: 1

      I don't know much about the particulars of the BBC's operation, I guess I'll research it a bit. I suspect this would work for patents or any other type of intellectual property as well. If you remove the incentive to steal and still provide incentive to create, that pretty much kills the DRM issues. I have thought about how to interface to other countries that didn't have the same system, and I guess it would have to be using the methods in place already. They stink, but until they could be brought on board, what other choice is there? As far as it gaining traction, I wouldn't even know where to start. I'm thinking of writing an article for a business publication perhaps, but know nothing about such a process. Maybe if I can find someone who knows a congressman or something. Certainly no politics in my future - I'm an atheist and they can't get elected in the US.

    10. Re:A new approach to intellectual property by Mr2001 · · Score: 1

      You can't be suggesting per-listener negotiations, so how does this work in practice?

      Picture a web site where you sign up as a music fan. There are forums to talk about music with other fans, share links to music and talk about your favorite artists, etc. There's also a section where artists can post offers, and as a listener, you can follow links to hear their previous work, read their biographies, influences, reviews and community ratings, etc. Each offer says what the artist is going to produce (in as general or specific terms as he wants), how much he wants to be paid (and perhaps his terms for getting paid up front vs. at the end of production), when he'd like to start work, and how long he expects production to take.

      If you're interested in one of the offers, you can put some money into a pool, and once it reaches the amount that the artist has determined (or the artist decides the pool is big enough), he starts work. Once it's finished, he checks it in.

      If the offer's beginning date comes and goes before enough money has been collected for the artist to start work, the offer is cancelled and the money returned to everyone who chipped in. If the ending date comes and goes but the project isn't finished, the contributors can vote to extend the date, or to cancel the offer and refund whatever money is left in escrow.

      The more difficult problem to resolve is what happens when the artist meets deadlines, but the contributors believe what he checked in doesn't live up to what he promised. One extreme solution is to tell them all sales are final, and they've wasted their money. The other extreme is to let them vote to cancel and refund any money that's left in escrow, which might allow contributors to cheat the artist out of his payment by claiming it doesn't meet expectations even when it does. A more moderate solution is to let the contributors petition an administrator, or a panel of judges, to review the offer and the resulting work to decide whether to grant a refund.

      In any case, it'd be best for potential contributors to see a history of how often a particular artist has checked in work that met with approval, as well as for artists to see how often their contributors (collectively) have rejected the work that other artists have checked in, so both parties can assess their risk before contributing or starting work.

      Feel free to criticize parts of this or suggest changes. The details aren't set in stone. The underlying principle is sound: there's a group of people who want to hear new music and are willing to pay for it, there's another group of people who can write and record new music but want to get paid, and all that needs to be done is set up a way for them to do business with each other.

      --
      Visual IRC: Fast. Powerful. Free.
    11. Re:A new approach to intellectual property by maximthemagnificent · · Score: 1

      This sounds similar to some ideas I toyed around with in college for software distribution: a company witholds release until a certain amount of money has been collected (in escrow, of course) and then it's freeware. There are many thorny issues I could never solve, the biggest of which is people who don't bother to contribute and just wait for others and then steal a copy later. Not knowing exactly what you're going to get before yu pay is a toughie as well. I just couldn't seem to make it work. Maybe somebody can think of mechanisms that eluded me.

    12. Re:A new approach to intellectual property by Mr2001 · · Score: 1

      There are many thorny issues I could never solve, the biggest of which is people who don't bother to contribute and just wait for others and then steal a copy later.

      I don't see that as a problem. If you don't feel strongly about seeing new work from some artist, then you don't have to pay - but you're also taking a chance that it won't get written at all. If it really matters to you whether it gets written or not, then your best bet is to contribute.

      And of course, it's not "stealing" a copy later, since everything is released to the public anyway. The contributors are paying for songs to be written in the first place, not for the exclusive right to enjoy them once they're made. There's no point in trying to control copies, since we all know any attempts are doomed to fail.

      Not knowing exactly what you're going to get before yu pay is a toughie as well.

      Sure, but we have that problem today (to an extent): when you buy a ticket for a movie you haven't seen, all you know about it is what the trailers told you.

      We also have exactly the same problem with other service jobs, and it doesn't seem to be too much of a problem. You don't know whether that mechanic is going to do a good job fixing your car, or that barber is going to give you a good haircut, until he's finished. You basically have to rely on the testimony of other people who've used his service - a community rating. An artist with no reputation to stand on won't be able to charge as much as an established artist, but if he's good enough, he'll be an established artist himself in no time.

      --
      Visual IRC: Fast. Powerful. Free.
  28. NO way by hipernoico · · Score: 1

    The only 100% non-crackable digital data is the data that was not created yet (adapting from the software-piracy statement). The more protection schemes appear, the more piracy schemes appear, soon or later. Lets change the way things are sold, lets kill the current "money industry".

  29. DRM inherently disrupts proper operation by Russ+Nelson · · Score: 1

    The problem with DRM is that it inherently disrupts proper operation of your computer. A general purpose computer cannot both stop you from playing digital data off media, and copying it. DRM is incompatible with reliability.
    -russ

    --
    Don't piss off The Angry Economist
  30. Philosophy, not engineering by Maljin+Jolt · · Score: 1

    It is ancient philosphical, not current engineering problem.

    Consider the universe (brahma) consists of three fundamental substances (gunas) in dynamic balance: energy (rajas), information (sattva) and entropy (tamas). Can you remove one of them (information in case of DRM) from any system without seriously disturbing the system structure?

    It is higly predictable what results can be achieved by limiting sattvic principle from human culture...

    --
    There you are, staring at me again.
  31. This kind of myopia is all too common by windowpain · · Score: 2, Insightful

    I installed Nokia's software for backing up the phone numbers in my 6800 phone to my hard drive via USB. The program also allows you to download games and ringtones into your phone. Imagine my disgust when I saw that the program wanted to load every time I started my machine. There was really no way to completely exit it. It also insisted on putting an icon in my system tray that couldn't be removed.

    ATTENTION NOKIA: YOUR PROGRAM IS FOR MY FREAKING PHONE YOU SELF-OBSESSED MORONS!!! Why the hell should it take up valuable resources and screen real estate ALL the time? Sheesh.

    --
    Insert witty sig here.
    1. Re:This kind of myopia is all too common by bobamu · · Score: 1

      That sort of crap is really offensive, I wonder how much is down to marketing decisions and "We are us so we are important" and if you install more than a mere handful of programs your system virtually grinds to a halt, like you say "program->phone->data->ok all done" is how it should be. Check your firewall too, no doubt it "vitally" needs to connect to the internet for no reason whatsoever. I have bluetooth drivers that quietly try to connect to the net. Drivers needing to phone home is just pathetic. We are loosing control of our hardware. Sorry, I meant "our consumer information appliances". DRM on hard drives, phone home crap, software that persistently runs and you can't kill it because that would be the end of the universe, not watching adverts making us thieves, outlawing evil drm free DAC's???. Music cd's that won't play on some cd players, corporate welfare levies on storage media, as we all know the ONLY POSSIBLE use for a blank CD or DVD is communist terrorist piracy etc.. What next, credit card slots on our net enabled dvd players for our "convenience" ? Until it really annoys the crap out of someone important it won't be a major issue of course, but by then it'll probably be illegal to annoy a coproration by having the sheer nerve to disagree with their mighty policy of adherence to their god given right to their money. Hmm, this was just gonna be a quick reply to your post, guess this crap touches a nerve.

  32. David is right, but the road is rocky by Russ+Nelson · · Score: 1

    David is right, but dinosaurs do not die prettily. There is no obvious path from here to a world where all digital data is freely copyable AND people are compensated for producing it.
    -russ

    --
    Don't piss off The Angry Economist
    1. Re:David is right, but the road is rocky by Braino420 · · Score: 2, Interesting

      No obvious path? Do you not know a single person that is in a local band? My friends would be ecstatic if you just listend to their music. Not all artists sold out to the RIAA, and they seem to be able to make money.. Granted, this money is not as much as they'd be making as a pop band, but that's never stopped the _good_ musicians. It's odd now anyway, the shitty ones get payed top dollar (I'm sorry if I offend any early teens reading).

      But I do agree with your first statement, I just hope the RIAA's main source of income does not become court settlements.

      --
      They call me the wookie man, I guess that's what I am
    2. Re:David is right, but the road is rocky by jZnat · · Score: 1

      And people would be willing to listen if you gave us information on how to frickin' get some of their music... ;)

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    3. Re:David is right, but the road is rocky by Braino420 · · Score: 1

      Well, you can start by going to the link in my sig, here are all of the bands on there. They, along with other sites like it, are mainly jam bands and the like, however. I live in Atlanta, and I have a friend that plays in a local band in Athens, Full Fathom Five. They have links on that site where you can download their whole cd for free!

      --
      They call me the wookie man, I guess that's what I am
    4. Re:David is right, but the road is rocky by jZnat · · Score: 1

      Who browses any forum-like website with sigs enabled? Sheesh... :P

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  33. Re:The Rights of Artists Vs the Rights of Listener by Digital+Vomit · · Score: 2

    The babe with the power.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  34. Choice? by Anonymous Coward · · Score: 0

    Choice between DRM and security?

    I don't know, that one seems pretty easy to me.

    It's like someone asking me to choose between Roseanne Barr and Scarlett Johansen.

  35. Re:The Rights of Artists Vs the Rights of Listener by Alioth · · Score: 5, Insightful

    As a customer (please - if you think of yourself as a giant sucking mouth consumer, this is what happens) you are king. Don't want DRM music? Don't buy it. There are places where you can buy music without DRM (and some of these places give the option of downloading in lossless formats).

    When that executive of a recording industry association in Europe (I forget which one) said that 'being able to listen to the music you bought off us on a Mac or Linux is a privilege and not a right' he was entirely wrong. No, his association companies receiving my money is a privilege and not a right, and a privilege I can revoke at any time.

    If you don't like DRM, be a customer not a consumer - revoke the offending company's privileges and buy your music elsewhere. Musical ability is extremely common in the human population, and the internet has made it easier than ever for people to distribute their work. What the record companies put out is in the main the cult of the personality.

  36. Re:DRM is part of our war on terrorism. by TheDoctorWho · · Score: 0, Redundant

    So if we talk negatively about DRM, we are abating the terrorists?

    Like when we complain the troops don't have enought body armor, that supports the terrorists as well.

    Like I said yesterday, the more more freedoms we take away from Americans, the less the terrorists will hate us, cause they hate our freedoms.

  37. Huh? Money to spend? by Saeed+al-Sahaf · · Score: 1
    He raises several questions that the developers of DRM technologies ought to answer - because not all computers are merely personal entertainment systems for 'content' consumers.

    While I think that raising the DRM security issue is valid especially in light of the Sony issue, this particular point that I've quoted is likely to blow up on users because inevitably someone will ask "but why are you running music /media / games on critical machines or work machines or critical work machines anyway? Non-issue, just stop playing music on you work network! Easy!" At least, this is what I see happening.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:Huh? Money to spend? by thanuk · · Score: 1

      So what if your work involves using music/media/games?

    2. Re:Huh? Money to spend? by Saeed+al-Sahaf · · Score: 1

      Please. These types of "work" systems would not be "critical" in any way that normal humans think of "critical". Re-image and move on.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  38. Inevitability.... by SammysIsland · · Score: 1
    The outcome of the war is inevitable. Faster data streams, encryption with communities of trusted participants, and smarter generations of users will only lead to more undetectable trading of media. Any efforts to protect content will always be circumvented, and creates tension between consumers and producers.


    There is only one type of intellectual property...trade secrets, and it is only property as long as it is a secret.

  39. Re:The Rights of Artists Vs the Rights of Listener by freshman_a · · Score: 2, Insightful

    I'm not a fan of DRM.

    But to address some of your points:

    So if the bought and downloaded music is intended as a birthday gift for someone else, how will he/she be able to play it on his/her PC?

    iTunes, and I would guess other music downloading services, offer gift certificates that you can give instead of the actual music itself. Or, you can always download the music and make an audio CD to give.

    Or how will I be able to play it on my laptop, if I downloaded it on my desktop?

    Once again, iTunes, and I would assume other services might do the same, allow you to play a downloaded song on up to 5 different computers, as long as iTunes (or whatever software) is registered to you.

    The inability to playback bought tracks on the OS of your choice (say Linux)...is another pain.

    Amen to that.

    /two cents

  40. Some are more equal than others by overshoot · · Score: 1
    Keep in mind that an essential requirement of both DRM and Government is that the master key be held by someone other than the nominal owner of the computer. Government can be bought off by including a built-in "back door" as with the late unlamented Clipper chip, but that's not enough for DRM.

    Trouble is, that's also going to play Hob with businesses' need for reliable backups. They need to be able to restore a secure system in case of failure, and don't want to have to prove to Intel (or whoever) that they are the One True Rightful Owner to get the master keys.

    Conclusion: businesses will have some way (bound up in massive contractual terms with Draconian penalties) to acquire the master keys to their machinery at the time of purchase. The rest of us will have to beg Intel, IBM, Microsoft, etc. for access to the machines we paid for.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  41. "Impossible DRM" by Al+Dimond · · Score: 2, Interesting

    I don't think it's impossible to create DRM that won't undermine your system; DRM acheived with encryption can effectively limit the reading of a file to one computer or to that computer and a handful of devices. The DRM would enable the computer to read the file, not prevent it from doing anything. It would "work" (in the sense of preventing unauthorized listening) on any computer, music player or toaster, but only "work" (in the sense of allowing authorized listening) on suppported systems.

    The real problem with, say, the Sony/Sunncomm DRM is that it's trying to prevent you from copying files that are written in an open format. Doing this means removing functionality from a system. Therefore the DRM must damage your system, but fortunately can only work on specific systems.

    The type of DRM I described in the first paragraph is what the record companies really want. And if there must be a DRM system, I'd really it rather be one that wasn't going to try to harm my computer.

    I guess the problem is that as long as the model persists in which albums are sold in physical form in stores and have to play on a variety of "consumer electronic" devices without hassle they will always have to be protected by the harmful type of DRM if they are to be protected. And yet this type of DRM is also doomed to failure (anything released on a CD that can be read in anything resembling a CD player will be on the Internet within a few days of its release, regardless of the DRM attached to it). It appears that DRM that degrades a CD's quality has been rejected, and we seem to be in the process of loudly rejecting DRM that tries to modify users' computers. I don't know if there are any more steps beyond creating a new encrypted music format and protecting the secret better than they did with DVDs.

    1. Re:"Impossible DRM" by 0123456 · · Score: 2, Insightful

      "I don't think it's impossible to create DRM that won't undermine your system"

      DRM undermines the system _by design_: its sole function is to prevent people from accessing data that the copyright owner refuses to let them access. It's impossible to do that effectively without 'undermining the system' by preventing the user from using it in the way they want to use it: to be effective DRM has to be built into the operating system at the very lowest level.

      It also opens up plenty of new opportunities for the 'bad guys'.

      Let's suppose that Joe Sixpack is raided for suspected tax evasion. He's got a spreadsheet with all his income information in it, so the police sieze his computer.

      Oh, but it's protected by DRM, so the police can't read it! Joe is laughing to himself and thanking Bill Gates and the MPAA.

      Now, of course, maybe Gates would give the police a special version of Windows which can read any DRM file... but then that defeats the whole point: if the police can read them without permission, then sooner or later anyone will be able to.

    2. Re:"Impossible DRM" by Anonymous Coward · · Score: 0
      DRM acheived with encryption can effectively limit the reading of a file to one computer or to that computer and a handful of devices ...


      This is exactly the mindset of the average person that STILL does not understand the problem. What happens in 10 years when I have paid for a legal digital music library but am sitting on my 8th or 9th
      computer? Should I have to buy more CDs if I want to play the same CD in my car stereo, home stereo and
      computer cd player? Of course not! Media content should not be able to ditate what media devices we use, PERIOD. The fact that people think DRM technology is somehow a "Fix" for anything is completely ridiculous. I don't want Apple or Microsoft or the Big music labels telling me how I can play my media content after I just payed to (legally) download them!

    3. Re:"Impossible DRM" by Renraku · · Score: 1

      Its not whether you deserve to, want to, need to, or have a right to. If they can make more money off of it, they will try their hardest. I'm surprised that the Star Wars DVDs don't decay every 6 months so you have to buy a new trilogy everytime the old one dies. Of course they'd have a new edition out with 6 seconds of new footage out, every 6 months on the dot.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  42. You can already do that by The-Bus · · Score: 1

    For example, Apple iTunes already lets you send a song as a gift. Any future DRM-system is sure to have implemented gift cards. And in the case of something like (the new) Napster, well, there's no "giving out" songs as a gift. For any more complex matters (grandma doesn't know how to download), the companies will probably not care.

    --

    Small potatoes make the steak look bigger.

    1. Re:You can already do that by Anonymous+Custard · · Score: 1
      For any more complex matters (grandma doesn't know how to download), the companies will probably not care.
      I wouldn't be so sure.
  43. Hackers dont care about your memos by Anonymous Coward · · Score: 0

    Or your business stuff.

    most important info really isnt important or worth ANYTHING to anyone else.

  44. It's really not DRM vs. Security. by Vengeance · · Score: 1

    It's simply MY security vs. THEIR security.

    And if it's a matter of using my own assets to enforce one or the other, I'll choose me, thank you very much.

    --
    It was a joke! When you give me that look it was a joke.
  45. MOD PARENT UP - Please. by IAAP · · Score: 1

    Economic pressure is the ONLY thing the music business will understand. Trying to solve the problem with legislation will be a very long process and you'll be fighting people with much more money and influence.

    1. Re:MOD PARENT UP - Please. by iamlucky13 · · Score: 1

      Or the music industry could continue to view declining sales as evidence of rampant piracy and push harder in the wrong direction.

  46. The outcome is in out hands by Saint37 · · Score: 3, Insightful

    Perhaps the next generation of Disc technology whether it be blu ray or HD DVD will be the new battleground for DRM. The threat is that there are many people out there with more money than sense. They will buy it up because they are to lazy to care about the implications of rewarding companies that force DRM down your throat. Its the obligation of those in the know. Namely /. readers to inform others so that they can make a better decision.

    http://www.stockmarketgarden.com/

    1. Re:The outcome is in out hands by Lehk228 · · Score: 1

      get the word out among non-technical people, write to newspapers etc. tell people that blu-ray and HDDVD have a system that lets the publishers disable a movie or player after it has been purchased. warn people that it has a dangerous system where discs can force it to update. spread a little FUD too make it sound like you can get a virus on your bluray player from bad discs.

      --
      Snowden and Manning are heroes.
    2. Re:The outcome is in out hands by IamTheRealMike · · Score: 1

      So you never bought a DVD or a copy protected computer game (including console games) in your entire life?

  47. Covert limitations by Anonymous Coward · · Score: 0
    I'm not saying I approve or disapprove of DRM, but it will not go away. It will slowly become more accepted and move covert.

    If it has to be supported by draconian legislation and lawsuits, better have law enforcement move covert too (think secret trials, gagging defendants). The technology that circumvents the limitations of printed books and analog audio is already here; it will not go away unless it becomes either obsolete or illegal. To be completely covert, thereby making existing technology obsolete, DRM systems must avoid standing in the way of people doing what they have always done, whether legal or not. Then what purpose will such a system serve?

  48. Misquote by Mantus · · Score: 3, Informative

    If your qouting what I think you're quoting it's much worse.
    Most people don't even know what a ROOTKIT is, so why should they care about it?"

    -- Thomas Hesse, president of Sony BMG's global digital business division

  49. Dead heat by squoozer · · Score: 1

    I don't think we will ever be free of DRM but then nor do I think DRM will ever be what the music industry wants. I suspect what we will end up with is the sort of DRM that we currently find on DVD which is good enough to stop casual copying. It might be possible to go one step further as is being tried with next gen DVD but much further than that and you are going to start to annoy a large portion of Jonny Sixpack users.

    IIRC HD-DVD has the ability to kill keys. I wonder how long it will be before human error accidently adds a good key to the kill list and screws up a huge number of players.

    --
    I used to have a better sig but it broke.
  50. Re:The Rights of Artists Vs the Rights of Listener by OldeTimeGeek · · Score: 1
    From the quote: Music, itself, is going to become like running water or electricity...'

    Gee, last time I looked, I had to pay for both electricity and water. Is Ziggy saying that we'll have to pay some central authority for music rather than individual distribution companies?

    I can't imagine how they'll meter it...

  51. Easy by McGiraf · · Score: 1

    That's an easy one, Roseanne Barr is much funnier

  52. Re:The Rights of Artists Vs the Rights of Listener by cortana · · Score: 1

    What power?

  53. Re:The Rights of Artists Vs the Rights of Listener by level_headed_midwest · · Score: 2, Insightful

    The only way DRM will increase music sales is by more or less guaranteeing the producer of the music 100% license enforcement on all computers that will play the music. This makes for a better environment to sell music in, but a worse one to buy it in. So I predict that if the DRM is very hard to crack, people will do a few things:

    1. Download illegal copies that have been cracked. We're already starting to see this.

    2. Buy fewer CDs if they don't work "correctly," i.e. you can't transfer them to an iPod or rip them to a hard drive or they damage your computer like the Sony discs.

    3. Listen to music that has fewer restrictions on it, like online radio.
     
    Either way, the studios shoot themselves in the foot. The fact of the matter is that fewer people will illegally procure music if the legal stuff is reasonably priced than if the penalties and restrictions keep going up. It's called the black market and it always gets a mention in the economics textbooks, which I suggest the **AAs read. And you can't simply arrest everybody that breaks the law by copying music because if you do, they will simply vote the laws down in one way or the other. The best way to make a buck is to make the customer want to buy your goods, not to threaten them into doing so.

    --
    Just "gittin-r-done," day after day.
  54. Actually... by RandoX · · Score: 1

    There was a prompt. It just installed itself anyway.

    ...violated state laws because it was [installed] even if users rejected a license agreement.

  55. Format change by kevin.fowler · · Score: 3, Insightful

    This is all about selling back catalogs in a format change. Record execs thought that moving to the digital age would mean buying Dark Side of the Moon in a 4th format.

    The music industry thrived on the big format changes from LP to tape, and from tape to CD. Now, CD can easily become the new format without having to go back and buy it.

    Their solution? Make the conversion cost you money. It's just the latest degradation of fair use.

    --
    Bury me in mashed potatoes.
    1. Re:Format change by grimJester · · Score: 1

      The music industry thrived on the big format changes from LP to tape, and from tape to CD.

      Nitpicking here, but the format change from LP to cassette didn't necessitate buying the music anew. Most used cassettes only where the original LP was inconvenient and simply shifted something they had already paid for to a different, more convenient format. Which was apparently OK at the time.

    2. Re:Format change by kevin.fowler · · Score: 1

      Not a major influx, just using it to drive the point home.

      The advent of consumer tape recorders also kept this lower, but the "Ooh, let's buy it on tape so we can listen to it in the car" tech geek factor was there.

      --
      Bury me in mashed potatoes.
  56. Re:The Rights of Artists Vs the Rights of Listener by Digital+Vomit · · Score: 2

    The power of voodoo

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  57. Both by ArchAngel21x · · Score: 1

    According to Microsoft trustworthy computing, DRM and security are the same thing. I call BS.

  58. Re:The Rights of Artists Vs the Rights of Listener by VitaminB52 · · Score: 1
    Once again, iTunes, and I would assume other services might do the same, allow you to play a downloaded song on up to 5 different computers, as long as iTunes (or whatever software) is registered to you.

    Sounds like a good deal, but it isn't. I have three computers right now. My old 500 MHz / 64 MB should have been replaced a year ago, when I replace it the iTunes 'machine-count' would hit 4.
    And when I replace my 3 years old laptop, then the iTunes machine-count will hit 5.

    So when I replace my other desktop PC, say two years from now, the iTunes machine-count will hit 6 - meaning I can't make new copies of songs I downloaded now.
    The 5 different computers limit is a limit you will run into pretty soon - hey, someone I know has 7 computers, he'll never be able to play his iTunes songs on all his machines.

    You really must love DRM technology - if you work for the record industry.

  59. Much ado about nothing? by QunaLop · · Score: 0

    is it just me, or does the sony thing seem overblown?

    yes it was stupid and hide files from the user.

    however a malicious user would still need to drop files on the machine first.. and if they can drop files on your machine, they could just as easily install a rootkit like sony's.

    i think DRM and Personal Computer Security are distinctly different.

  60. Because *you* are the threat by overshoot · · Score: 1
    You can't use DRM for security, because the whole system is designed around the premise that you are the threat.

    If you were the "owner," you'd have control of the keys stored on the computer. Instead, the hardware is very carefully designed to prefer total loss of those keys over letting you back up and restore them.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Because *you* are the threat by Beryllium+Sphere(tm) · · Score: 2, Interesting

      > You can't use DRM for security, because the whole system is designed around the premise that you are the threat.

      Bingo. You've gone straight to the heart of the issue.

      For security today, on most desktop machines, that premise matches reality. Most desktop machines are compromised Windows boxen. Most are run by people who will download and install hostile software. The problem of DRM is a lot like the problem of keeping transactions secure on a compromised box, and not just because both are impossible.

      Traditionally, security and crypto people have designed with the idea that two trustable endpoints communicate over an unsafe channel. In the military, that made sense. It's a seductive model because it matches our hard-wired belief that our own cave is a safe place and that dangers come from the outside. SSL was a good solution for that kind of environment. But today the people studying online payment security are coming around to the idea that the client PC has to be considered hostile.

      Right now I'm looking at a problem in payment software distribution and it looks like the device's DRM capabilities may actually help.

    2. Re:Because *you* are the threat by IamTheRealMike · · Score: 1
      You can't use DRM for security, because the whole system is designed around the premise that you are the threat.

      You can, and actually a lot of DRM research is going into business applications. Businesses are quite interested in it because it'd help them ensure document security and prevent leaks ... right now the ones that need to be careful about such things (list X etc) have strong firewalls and block USB ports with putty, but this is very inconvenient. A strong DRM infrastructure would let them be much more fine grained.

  61. Re:The Rights of Artists Vs the Rights of Listener by bsane · · Score: 2, Informative

    You imply that as you replace your computers the available 'authorizations' are reduced, but you can 'deauthorize' a computer at any time. So old replaced computers aren't counted against you.

    This is only a problem if you want to have access on more than 5 computers simultaneously. It could happen, but a lot less likely- I have 6 computers that get regular use, but only 3 that I listen to music with.

    Oh- I'm not for DRM, just saying that the iTunes implementation isn't that restrictive (and its easily broken anyway).

  62. Re:The Rights of Artists Vs the Rights of Listener by compro01 · · Score: 3, Insightful

    yes, but if they see revenue dropping (or even think that they aren't making as much as they should), they'll start crying "PIRATES!!!!11!" and demand new legislation to allowing them to use broomsticks in means other than originally intended and stop t3h eb1l p1r4at35.

    --
    upon the advice of my lawyer, i have no sig at this time
  63. Re:The Rights of Artists Vs the Rights of Listener by Steve525 · · Score: 1

    I'm pretty sure iTunes has a mechanism to "delicense" a computer that you no longer want regestered to you. However, the delicensing is done from the computer you want delicensed. This means if the computer crashes/breaks unexpectedly you could be out of luck.

  64. Felten on CD copy protection and spyware by MrAtoz · · Score: 5, Informative
    Ed Felten's blog had an excellent analysis of why CD copy protection will inevitably lead to spyware. The crux of the matter, as Felten sees it:
    So if you're designing a CD DRM system based on active protection, you face two main technical problems:
    1. You have to get your software installed, even though the user doesn't want it.
    2. Once your software is installed, you have to keep it from being uninstalled, even though the user wants it gone.
    These are the same two technical problems that spyware designers face.
    He's had a lot to say about the Sony rootkit, all of it interesting.
  65. What makes you think you get a choice by overshoot · · Score: 2, Informative
    But it will probably be a dedicated DRM applicance, 'cuz there's no way to secure a PC computer. None when the user has root and access to hardware.

    Unless you have a pretty impressive lab in your garage, capable of stripping an IC layer by layer and e-beaming the results to detect stored charges, you don't have access to the hardware. Next!

    They'll have to discount it heavily, or have some pretty compelling content (which is nowhere to be seen) before I buy.

    Hate to break the news, but it's in all of the next generation of CPUs. Either get used to the idea of a "rootkit in hardware" or quit retiring those old boxes to the guest room, because from now on the old kit is the only kit you can trust.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:What makes you think you get a choice by marcosdumay · · Score: 1

      You don't need to strip the chips, you can probe them with x-rays. That is expensive now, so it is done more on a corporate spionage basis, but if more people becomes interested on it, we may be able to get it cheap.

      We also don't have to take all our chips to the lab. We can break only one code, and use it to break lots of others. Remember that a trusted network has lots of failure points.

      There are projects that tries to create an x-ray detector capable of destroying the chip the first time it is powered after it being subjected to x-rays. Well, this is a security flaw by itself, but for the consumer, not for the content owners. Anyway, those are useless, since we only need to read a chip, not to use it. We can always emulate a trusted computer on a general use one (even more because a network destroys all timing measurements).

      The only stuf I can't think on how to deal with is EPROM, and consequently FLASH. One can't read its content with x-rays, althoug one can overwrite it.

    2. Re:What makes you think you get a choice by overshoot · · Score: 1
      The only stuf I can't think on how to deal with is EPROM, and consequently FLASH.

      Why do you think I listed e-beam as a necessary tool?

      There are fuse technologies (and I know Intel uses them) that were developed for the DoD years ago that are actually harder to read than floating-gate stuff. Unless you're pretty heavy into semiconductor physics it's funky stuff, but the whole smartcard business depends on it -- it's pretty thoroughly checked out.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    3. Re:What makes you think you get a choice by Alsee · · Score: 1

      We also don't have to take all our chips to the lab. We can break only one code, and use it to break lots of others.

      Wrong.

      Every chip has a randomly generated unique key, and a crypto-signature to authenticate that particular random key. If you buy one genuine compliant computer and manage to rip one key out of one chip, you can only use it to liberate one computer. If you attempt to duplicate that key in multiple systems then they see that key in multiple use and place it on a revokation list. All hardware using that key then drops dead.

      If they ever detect that you have ripped your key... if they ever detect that you can do anything you are not supposed to be able to do... they again place that key on a revokation list and it drops dead. You then need to buy an entire new computer to get a new genuine key with the genuine crypto certificates and rip the new chip from scratch.

      The only stuf I can't think on how to deal with is EPROM, and consequently FLASH. One can't read its content with x-rays, althoug one can overwrite it.

      Why, what a co-inky-dink!

      (That's a humorous pronounciation of coincidence, in case you never heard it before.)

      The new Trust chips just to happen to store these keys in flash. And the chips are boobytrapped to self destruct if you attempt to read your key. IBM even ran a TV commercial for their ThinkPad line advertizing the fact it contained a security chip boobytrapped to self destruct if anyone tried to read it. Of course they advertized it as a good thing, as protecting you and your files if a thief stole your laptop. Of course they didn't advertized the fact that the boobytrap is explicilty designed to secure the system against the owner and to enforce DRM against the owner, and that the technical specifications for the chip explicitly state that the system is designed to be secure against the owner and to consider the owner to be the hostile attacker.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  66. Re:The Rights of Artists Vs the Rights of Listener by aaarrrgggh · · Score: 1

    Despite being an apple fanboy myself, sometimes there IS a desire to give a friend specifically selected tracks rather than a gift certificate. A gift certificate has no connection to the giver when executed (heh, that could be read funny).

    For the other camp, iTunes computers can be de-authorized. You can use 5 computers at once, provided something unheard of like a hard drive dying doesn't happen.

    DRM doesn't work for consumers. The only question is if the not working will be annoying enough for consumers to say that buying isn't worth the hassle.

  67. Electricity and running water by roman_mir · · Score: 2, Funny

    Music, itself, is going to become like running water or electricity...' - Maybe David Bowie is so cool, that for him the water in the tap and the electricity in the wiring is free, but the rest of us have to pay for it to use it.

  68. Unrealistic expectations by stuffduff · · Score: 4, Interesting
    Let's take a look at rights management. When recordings were made on wax cylinders, there was little or no concern for what rights could and could not be protected. Granted you had to speak or sing in a stage voice to make any kind of decent impression on the wax, and that brought about a somewhat unique situation in that while everyone who used the technology could both make recordings and play back with the same device, it was practically useless for either copying or mass production.

    Next came 78's. These were cast in a mold and made of the miracle plastic bakelite. Since the recording machinery was expensive and complex, as was the disk manufacturing process, the door was opened to both rights management and mass production. Improvements in technology lead to the 45 and the 33 &1/3 LP & EP albums.

    While the technologies which used mechanical force were dominating the marketplace, a competing technology, based on magnetic recording also existed. Magnetic recording was less expensive, and much harder to mass-produce, but it was capable of making copies fairly easily. The new difficulty was that a small portion of the magnetic image was erased every time it was played.

    Finally the digital technology emerged as the primary vehicle for copyrighted audio materials. At first it was not a problem, because individual users were unable to afford the technology to duplicate and/or create recordings which were theoretically perfect copies. But today it's hard to get a computer that can't accomplish this feat. So the audio industry turned to the promise of DRM. Unfortunately, though it will take many more incidents like Sony's debacle, we will reach a level of understanding where we realize that as long as the technology is in the hands of everyone that can duplicate these forms of media, that they will be copied.

    The only way that we will see any form of successful rights management will be for the audio industry to develop a technology which is as popular and as acceptable as the LP. It may take the form of a holographic crystal or some other 'futuristic' media. But as long as the ability to manipulate the bits is available to end users, DRM will continue to fail. IMHO it is an unrealistic expectation on the part of the audio industry to believe that there will ever be a digital solution to a digital problem. In the meantime I believe that any damage to computers and infrastructure brought on by companies who cannot accept the fact that DRM will never work should be punished to the full extent of the law.

    --
    "Can there be a Klein bottle that is an efficient and effective beer pitcher?"
    1. Re:Unrealistic expectations by illtud · · Score: 1

      Next came 78's. These were cast in a mold and made of the miracle plastic bakelite.

      Shellac, mainly.

  69. Re:The Rights of Artists Vs the Rights of Listener by keraneuology · · Score: 1
    I don't hold my breath for anything good to come out of any of this. The average IQ is set at 100 - the subset of consumers, as a whole, probably skew the average far downwards.

    The civilization that gave billions of dollarsto the likes of Brittney Spears, Saturday Night Live's lip-synch girl and Barbara Streisand doesn't give a rat's sphincter about personal rights, liberties or freedom.

    --
    If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
  70. Not today perhaps by roman_mir · · Score: 1

    Basicly every computer task has to comply with DRM, or it is a "circumvention device". - no, not every computer. Only the new computers, new electronic devices, new analog devices. The old ones will die out eventually.

  71. the wrong model by recharged95 · · Score: 1
    A lot of content producers want access to [their] purchased media, hence why DRM fails, you break the security of the node that's really built to be independent. Then again, having centralized control makes administration & enforcement easy.

    You have 2 conflicting models here.

    For DRM to succeed, there needs to be a decentalized model. Apple fairplay eludes to it, but Apple too wants easy administration, hence a centralized system is the result. Businesses don't want to do things the hard way anyhow...

  72. CLAP by BillGod · · Score: 1

    I have to clap for this one. If record copanies would have tried to do anything close to this. The entire nation would be at some hippy sit in fest to protest against it. You said it all DON'T BUY IT! Give me a break its not like anyone is gonna die if they dont get to hear the new crap band's song over and over and over.... just turn on any radio. I am sure they will play it 4-5 times an hour. I only buy music cd's from bands like NOFX that contained a sticker under the plastic that said "DO NOT PAY MORE THAN $12.00 FOR THIS CD" and a phone number to call if you did. If no one buys the music, yes the RIAA will bitch like little babies but maybe one day give in.

    --
    MISSING - Sig file. 2 years old black and white and very funny. If found please email me.
  73. Virgin Music by jimwelch · · Score: 1

    I tried to find out details on the DRM on my son's christmas gift of a CD from Virgin Music Group. Does anyone know how bad this is? ( I know, all DRM is bad.)

    Thank God, he chose to NOT to agree to installing the software, but was that too late, like Sony?

    My state (OK) has already sued Sony, is Virgin next?
    This computer appears to be fine, bzzzz ss8 dfkla8 ksfja ;)

    --
    Never trust a man wearing a coat and tie!
  74. Re:DRM is part of our war on terrorism. by SurryMt · · Score: 1

    > So if we talk negatively about DRM, we are abating the terrorists?
    I'd love it if we could abate all the terrorists. Or did your finger slip and you meant abetting?

  75. Re:The Rights of Artists Vs the Rights of Listener by Anonymous Coward · · Score: 0

    Don't sweat it. Apple's made it easy!
    iTunes gift cards

  76. Re:No! Wrong!; correct but wrong reason by MasterC · · Score: 2, Interesting

    There has never been a functional DRM system, and there never will be, because it is impossible to create one.

    I agree with your position but I disagree with your reasoning. The failure of DRM is in that you have to give the consumer both the lock and the key. If you don't give them the key then they can't use it...ever!

    Plug the analog hole. Make circumvention illegal. Etc. Etc. All it is is restraining how the user can use the key. There's no way, in this case, to have your cake and eat it too.

    This game was lost before it ever started and it's a game that can never be technologically won. Only politics can make it winable, and that only creates a black market and an underground so you never really win.

    Once you have a digital copy of something, there's no scarcity on copies; once you have an idea, there's no scarcity on spreading it. DRM is like any IP protection (copyrights, patents, trade marks, service marks): it's an artificial restraint on non-scarce resources.

    --
    :wq
  77. More software = more to go wrong by Xugumad · · Score: 1

    Anything you add to a computer runs this risk. DRM is going to be particularly invasive of the OS, so more likely to cause chaos, but the same problem goes for any software...

  78. Where do you draw the linet? by grimJester · · Score: 1

    One of the comments on Groklaw mentioned this.

    "A technician who plays CDs on a PC that's running a (critical) safety monitoring system for a nuclear power plant is grossly misusing the system in a manner for which both he and the system designers (who allowed this to be possible) should be fired. Regardless of DRM concerns, that PC should not be running any programs -- such as music players -- that it has not been completely certified to be able to run safely while doing its job."

    There are a bunch of valid questions around this though. Can I pay bills on the net and listen to music on the same computer? Can I watch a movie and compose and edit my own music on the same computer? Can I listen to music at work? Do I need to buy separate DRM-enabled hardware to listen to or watch media that my current hardware could handle if it wasn't for the DRM?

    Since we pay taxes for things like empty cd's and hard drives, my country has legislation specifically allowing copying for personal use. Currently nothing says content providers can't prevent this from happening to the best of their ability. Still, it's illegal to circumvent their attempt to prevent copying. The letter of the law clearly conflicts with the intent of the law here.

  79. "personal entertainment systems for consumers" by Xugumad · · Score: 2, Interesting

    "the developers of DRM technologies seem to believe that computers are nothing more than personal entertainment systems for consumers"

    Worse than that, they seem to have this impression that it's okay to modify my computer to work how they think it should. This isn't even just DRM, I'm getting incredibly fed up with programs which automatically install themselves on the desktop/quick launch bar (the Quicktime player, as an easy example, which I almost solely want to launch by double clicking on a file), and/or auto-run at startup (Creative used to be terrible for this - install soundcard drivers, and suddenly it plays an intro movie on the desktop at login, and you have an application launcher stuck to the top of your screen).

    </rant>

    1. Re:"personal entertainment systems for consumers" by marco.antonio.costa · · Score: 1

      Mentioning quicktime, the fact that I HAVE to get iTunes along when I just want the quicktime player is FUCKING ANNOYING.

      --
      Send your spendthrift head of state this
    2. Re:"personal entertainment systems for consumers" by Mitsugi · · Score: 1

      I'm not sure when they added this but there you can download the standalone installer.

  80. Re:The Rights of Artists Vs the Rights of Listener by lynx_user_abroad · · Score: 2, Interesting
    When that executive of a recording industry association in Europe (I forget which one) said that 'being able to listen to the music you bought off us on a Mac or Linux is a privilege and not a right' he was entirely wrong.i

    I have to disagree here. It's not your music, it's (in effect) his. There's no law by which you can demand that he allow you to listen to that music on any arbitrary device; you have to negotiate that privilege with him, and pay the price he demands. If he sells you a disk with the understanding that you are not to play it on a Mac (or to cover it with cheese sauce) and you choose to do so anyway, you're breaking your end of the agreement.

    Most publishers don't (or can't) do that. They might say it's not supported on Mac or Linux and leave it up to you to try to figure out how to do it, but they don't make you agree not to play it on a Mac. Or if they do, at least their lawyers make them be up-front about it.

    No, his association companies receiving my money is a privilege and not a right, and a privilege I can revoke at any time.

    I agree with you that if you don't like their product you shouldn't have to give them any money. I disagree that this is how it is. In the U.S., compulsory license laws (whereby a tax is added onto the cost of blank media and paid to the music publishers to cover the cost of copying you might do) force you to give money to the music publishers even if you don't like their product, or are incapable of using it. (Deaf people pay this compulsory license tax on CD-R media and audio tapes used for data storage only.)

    The model we are moving toward (and can't get there fast enough, if you ask me) is for a world where in order to play an MPAA movie or listen to an RIAA CD, you will need a special-purpose hardware device (think: E-book reader or DVD player) which specifically serves the needs of a specific publisher.

    Unfortunately, their efforts, if successful, will result in no 'open' or 'general purpose' devices able to read the media (which, many argue for many reasons can never happen), no general purpose communication platforms (kkss the Internet bye-bye) and ultimately the death of media companies in the market place due to competition from other media companies (each with their own proprietary media and devices) and publishers who do not attempt to restrict access using DRM.

    The threat here is that their efforts will result in a 'music tax' anyway. Think about this: If you publish (and own the copyrights to) a song, and choose to give it away (for reasons that make sense to you) and I choose to 'buy' (er. download for free) it for reasons that make sense to me, I still have to pay the compulsory music tax, that tax gets paid to the RIAA -affiliated publishers (who I'm trying to boycott), and you don't see a penny of it.

    --

    The thing about things we don't know is we often don't know we don't know them.

  81. Re:The Rights of Artists Vs the Rights of Listener by lovebyte · · Score: 1

    You are entirely right. We can stop buying DRm'ed music, I know I have. The only problem is that (and this is just a guess) most music is bought by teenagers and they simply don't give a shit! They want their overpriced jeans, shoes and horrible music, come what may. They are by definition imature consumers and the music industry's favourite target. DRM is for them and, unfortunately, will live on.

    --

    I'll do it for cheesy poofs.

  82. yes, his confidence is amazing by way2trivial · · Score: 1

    considering that he sold bonds based on the value of his music catalog.
    55 million dollars worth.

    http://www.morevalue.com/themes/bowie.html

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  83. DRM will also not disappear when copyright does by Anonymous Coward · · Score: 0

    I know it's mainly theoretical, but DRM will still be on the media in 100 years (give or take) when the content that it is protecting becomes public domain.
    Oddly enough, there are people who still occasionally listen to 78RPM LPs and people in museums that occasionally listen to the old Ediston wax cylinders. Although it WILL be rare, I guarantee that there will be surviving audio CDs and CD-ROMs from the 1980s & 90s in the year 2100.
    If DRM was available in the early 1900s...we might not be able to easily use the content NOW even though it has passed into the public domain.

  84. Re:The Rights of Artists Vs the Rights of Listener by Anonymous Coward · · Score: 0

    And the Sony DRM that compromised its victim's computers. Now comes the topic poster who asks really about how DRM writers will develope intruders who will know when the victims have values and when they do not?! And just WHAT will they consider 'valuable'; now THAT is the QUESTION of the HOUR! Perhaps this victim had valuable sales data that a competitor would pay SONY good money for; or maybe she had plans to a bank that she was doing structural design for and agents within SONY knew when the DRM reported back to that office of value 'assessment' that this was salable also but not legally. Perhaps the DRM will find the baby pix that your parents took of you and report you to your friendly local prosecuter straightaway thinking that you took them; now your music can send you away for life courtesy of your own deceased parents who can never defend you any more. Is'nt DRM wonderful now that it can make value judgements. Suppose your children discuss politics on the net and make a blog that criticizes China and the Chinese government uses the WTO and other agreements to extradite you to Tibet to stand trial for 'anti-Chinese activities', or countenancing the same? Now suppose your nice intelligent DRM finds out about a stock split your fellow executives have been discussing in executive session at board meetings and reports this back to SONY and THEY make all the money on it by manipulating the stock before your board has a chance to say boo? Could you prove yourself innocent at your trial or your board's trial of colluding at insider trading knowing that SONY will get off scott free claiming their precious DRM was sacrosanct and above the law like they have for years?
    After all, you know that they are the new nobility along with the other 'content companies', and no testimony against them is REALLY accepted in any court of law that is ever upheld on appeal----they are ABOVE THE LAW!!! You know that anybody that can redefine words in all the world's languages to mean something they never did, like 'piracy' for plagiarism and 'infringement' for fair use is ABOVE THE LAW, don't you. You know that any cabal that can flout the elected officials of many countries acting together or separately like this souless monopoly did when they thumbed their noses at the European Parliament while knowing that the members of the European Commission that they had obviousely bought and paid for would back them......IS ABOVE THE LAW. Just like you know that 'intellectual property' is the dirty secret behind all the exportation of your jobs to China. They think that the low level bribes they make in the Chinese factory system will guarantee the free flow of slave goods to America and the free flow of American jobs to China will last forever! After all, the intellectual property laws will always be respected by the Chinese and they would never STEAL this and make their own despite what our own government has said about Chinese spying for years now WOULD'NT THEY?! And the Chinese would NEVER expropriate those 'property rights' and nationalize those slave labor factories after a coup brings a new government to power that suddenly 'discovers' that its people have been exploited by American 'running dogs of yankee imperialism' now would they? Because that would mean WAR now would'nt it?

  85. I'm not buying music online... by PFI_Optix · · Score: 0

    ...until I see a reliable service with quality music that is DRM-free.

    I see a lot of people complain about DRM and then talk about what they bought on iTunes. I have to wonder if they understand that they're supporting the use of DRM by spending the money.

    Right now, I just buy CDs I know are DRM-free, rip them how I want, then store the CD away in a closet.

    --
    120 characters for a sig? That's bloody useless.
  86. From Centralization to Decentralization by TorontoImporter · · Score: 2, Interesting
    It seems that we are approaching the end of the "Big Labels". Here are the reasons I predict for the downfall of these aforementioned labels.

    1. People can gather, record, produce, and distribute their music anywhere in the world from a single computer.

    2. Everyone inherently seems to feel that music has been overpriced and overmanaged for a long time.

    3. People don't mind paying to download.

    4. p2p downloaders statistically (RIAA numbers!)are the biggest customers of pay per download.

    5. Inevitability of open formats which are cross-platform for distributing all sorts of music and video type files.

    With business cycles there tends to be shifts in certain industries. For example sometimes an industry will be in a shift of Centralization (Big Labels for distribution of millions of CD's/Vinyl/Tapes), future market conditions can cause this shift to head in the other direction (Indie Labels, Web Distribution) which is Decentralization. The music industry is decentralizating and with more and more artists forming their own labels the Big Labels become useless empty shells with only their intellectual property left to earn them money. The death of the CD will be the death of the Big Labels for this will remove the last reason for their existence.

  87. Re:The Rights of Artists Vs the Rights of Listener by Anonymous Coward · · Score: 0

    DRM isn't about musicians...it's about middle men and distributors. These middle men have no indespensible talent or skill in this particular system but hold alot of capital and control over the current cheapest effective distribution channels. Musicians will eventually own and distribute their own work in an on demand format/platform that people subscribe to and the middle man will control the medium or provide the recording/production services rather than actually owning the performances. This is a little wa off but it's the only way that creative rights and consumers can co-exist. I believe that until we reach a tipping point where the middle men can no longer financially sustain the current cartel system due to excessive consumer backlash that it will continue to be a struggle but once that happens both artists and consumers of art will experience better interaction, profits, and enjoyment.

  88. Autoplay by Anonymous Coward · · Score: 0


    The root cause of the Sony problem was that damn "autoplay" feature.

    For security, the default behavior must be TO NOT EXECUTE FOREIGN CODE.

    The OS (or at least the shell) must be designed from the bottom-up to ensure that all user actions (playing a CD, reading e-mail, viewing a web-page, watching a video clip, listening to music) NEVER executes code from an outside source.

    Scripts are an exception. But the scripting environment must be designed with the full understanding that the scripts WILL be written by a hostile attacker.

    Microsoft still relentlessly violates these basic principles. They will never get a handle on their security problems until they acknowledge this problem, and enforce zero-tolerance policies about the execution of foreign code.

  89. Re:The Rights of Artists Vs the Rights of Listener by mrchaotica · · Score: 1

    I agree, but also go further to say that we can revoke their privilage of getting our patronage and we're still entitiled to the art, because the purpose of "IP" is not to compensate publishers anyway. The purpose of "IP" is "to Promote the Progress of Science and the Useful Arts," and if the publishing industry fails to uphold their part of the bargain -- by building technology such as DRM that restricts the progress of the arts, for example -- then the deal is off and we are no longer obligated to respect their claim to "ownership!"

    --

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

  90. Re:The Rights of Artists Vs the Rights of Listener by NatasRevol · · Score: 1

    And if you're out of luck, you call Apple. They deregister ALL of your computers and then you re-enable those that you need. It's really a pretty painless process.

    --
    There are two types of people in the world: Those who crave closure
  91. Killing the goose by Anonymous Coward · · Score: 0

    Look, the thing that made computers so prevalent was their general purpose nature. The ability to transform any content (from the printed page to music/audio to video) into a stream of digital bits and then copy it losslessly anywhere is what has made the computer such a desirable tool, both for the distributors and the consumers.

    Any DRM system is inherently designed to destroy that very nature. Rather than being able to copy the data losslessly to anywhere, DRM is designed to limit such copying, thus disrupting the computer's general purpose nature and destroying the very thing that made it so desirable in the first place.

    By insisting on DRM to increase an already considerable revenue stream, content distibutors are quite literally destroying the very thing that can provide them revenue in the first place.

    A man and his wife had the good fortune to possess a goose which laid a golden egg every day. Lucky though they were, they soon began to think they were not getting rich fast enough, and, imagining the bird must be made of gold inside, they decided to kill it in order to secure the whole store of precious metal at once. But when they cut it open they found it was just like any other goose. Thus, they neither got rich all at once, as they had hoped, nor enjoyed any longer the daily addition to their wealth.

  92. Re:The Rights of Artists Vs the Rights of Listener by dorkygeek · · Score: 2, Informative
    Simply deauthorise all your computers at once from one of the other 4 accounts:

    If you have authorized five computers, a button labeled "Deauthorize All" will appear in your Account Information screen. This button will deauthorize all computers associated with your account. You can then reauthorize up to 5 computers. Note: You can only use this feature once a year.
    Of course, if you suddenly lose access to all your accounts, contact Apple.

    --
    Windows is like decaf - it tastes like the real thing, but it won't get you through the day.
  93. Not really a good article... by Mortimer82 · · Score: 2, Interesting

    IMHO, this article, while well written doesn't really paint an accurate picture of the way DRM will likely be implemented on the PC, and how that will affect security. But before I go any further, let me state for the record, I am apposed to the concept of DRM in every way, and everytime I think about how bad the issue can get, I feel sick in my stomach.

    About the only good line in the article is "DRM technology is sometimes described as security technology when it is really licensing technology -- something very different.". This is of course marketing at work, people rename things to make them less ugly sounding, just like Microsoft's "Genuine Advantage Validation Tool" could far more easily have been called something along the lines of "Windows Anti-Piracy Validator", however the latter just has such bad implications, even though that is exactly what it is. So the author demonstrates in the second sentence of the article exactly what it is he is trying to say, but then proceeds to use IMO very bad examples of what he means.

    I have been diligently reading all DRM mentioned articles on /. over the last few years, and I feel I have a fair idea of what the industry envisages happening. Let's look at Microsoft's software activation technology, which is there primarily to prevent piracy of their intellectual property, I believe it's consequences are similar to what we can expect from DRM, a pain in the ass, but the majority of people accept it, and more importantly, it works pretty well, without creating security problems.

    What I personally hate about software activation is that Microsoft made a far more secure way of protecting their software from casual piracy, but did not take the time to make it easier for their customers to keep track of their paid for software. Our company often has the task of fixing computers, which occasionally involves reloading Windows and or Office, and if the client doesn't know where their Office Product key happens to be (Windows key is normally stuck on the box), we end up "legally" having to tell the client we are unable to reload Microsoft Office onto their machine until such time as we have a valid CD-KEY. What I would like from Microsoft Activation is something similar to the way the WoW (the US release is the same or similar I would think) authorisation key system works. When one buys a copy of the game, they get an authorisation key with it, they then logon to their respective regional website, and create a new account, during the account creation they are required to input their authorisation key, once the account creation is complete they will NEVER require the authorisation key ever again. If their house burnt down, they could copy their friends WoW CD, use it to install the game on their new PC, and carry on playing. Obviously, Microsoft Activation has to work a little differently, seeing as we don't have to pay a monthly subscription to use it (yet). But it should work the same, the customer should to create an "account" with Microsoft, once done they can authorise copies of Office or Windows or whatever onto it, if the computer needs to be reloaded, they will always have access to their paid for software.

    Right, now onto DRM, to get back to the attached article's point about security, I believe that when and if Microsoft's codename "Palladium" technology is released, if done right, will not negatively impact the integrity of the host computer's security, all that Palladium will do is prevent other programs of that computer from accessing the memory of that program, which is why DRM advocates like the idea of Palladium, it should be practically impossible for hackers to reverse engineer software which utilizes Palladium, as they have no way of seeing the memory of that active program. Assuming Palladium works as intended, everything is protected with the help of encryption, so it is still *possible* for the hacker to work out the private key, but unlikely, and the only other wa

    1. Re:Not really a good article... by Anonymous Coward · · Score: 0

      "What I personally hate about software activation is that Microsoft made a far more secure way of protecting their software from casual piracy, but did not take the time to make it easier for their customers to keep track of their paid for software. Our company often has the task of fixing computers, which occasionally involves reloading Windows and or Office, and if the client doesn't know where their Office Product key happens to be (Windows key is normally stuck on the box), we end up "legally" having to tell the client we are unable to reload Microsoft Office onto their machine until such time as we have a valid CD-KEY. What I would like from Microsoft Activation is something similar to the way the WoW (the US release is the same or similar I would think) authorisation key system works. When one buys a copy of the game, they get an authorisation key with it, they then logon to their respective regional website, and create a new account, during the account creation they are required to input their authorisation key, once the account creation is complete they will NEVER require the authorisation key ever again. If their house burnt down, they could copy their friends WoW CD, use it to install the game on their new PC, and carry on playing. Obviously, Microsoft Activation has to work a little differently, seeing as we don't have to pay a monthly subscription to use it (yet). But it should work the same, the customer should to create an "account" with Microsoft, once done they can authorise copies of Office or Windows or whatever onto it, if the computer needs to be reloaded, they will always have access to their paid for software."

      Requires net access (fucking annoying for offline software, even if you have a net connection it means messing with your firewall), plus you have to remember the password to the account (and the name, unless you trust them with your real one).
      OK, if you have lots of software from one publisher this is an improvement to keeping track of 5 CD keys, but a more normal situation is 1 key per publisher. So unless they all get together and form a unified system this idea is actually worse than just having keys.
      And it still doesn't stop you installing it on your friends machine, unless all software phones home regularly. So from the publisher's point of view it's no better. In fact, making it more annoying to install software probably encourages people to download cracks.

  94. Mozart (allegedly) did this ... by roscivs · · Score: 1
    http://www.classical.net/music/comp.lst/works/alle gri/miserere.html
    It was not long before Allegri's Miserere was the only such work sung at these services. With its soaring soprano parts (sung for centuries by castrati) and compelling melodic style, the work enjoyed almost immediate popularity. So impressed was some subsequent pope that the work thereafter was protected and a prohibition was placed on its use outside the Sistine Chapel at the appointed time.
    --
    ~ roscivs
  95. Re:The Rights of Artists Vs the Rights of Listener by voidptr · · Score: 1

    iTunes has allowed gifting of specific tracks since 6.0 or so.

    --
    This .sig for unofficial government use only. Official use subject to $500 fine.
  96. At work: no personal CDs on computers by Anonymous Coward · · Score: 0
    It is getting worse.


    At work we can't play CDs on any work computer, regardless of O/S or access level (Internet, work network, etc.). We are stuck playing them on standalone players. I guess that is what the DRM folks are forcing us into. We used to have audio CDs that were just that, RedBook audio CDs and contained only audio. Now, you can't rely on that so the solution was to ban playing of ANY media on work computers.

  97. Re:The Rights of Artists Vs the Rights of Listener by Bad+Boy+Marty · · Score: 1

    As far as I'm concerned, anything that prevents me from making fair use of copyrighted material that I have compensated the publisher for (and presumably thereby compensating the author/artist/etc.) should be made illegal. Now, I'd prefer to see the penalties be extreme, but there is no way that will ever happen, but lawmakers really need to get with the program here, and make certain that fair use rights are not restricted by anything at all.

    --
    RHCE; are you certified? Karma: ambiguous.
  98. Re:The Rights of Artists Vs the Rights of Listener by Ricwot · · Score: 1

    Who do?

  99. Re:SONY ROOTKIT DID NOT DECREASE SECURITY by LocalH · · Score: 1

    So the rootkit couldn't be used in conjunction with the big WMF exploit, which I'm sure hasn't been patched on all machines yet?

    --
    FC Closer
  100. Saftey Critical? by Anonymous Coward · · Score: 0

    What a joke, there is nothing "Safety Critical" about a personal computer in someone's home. No one's life is going to be lost, one's safety is going to be put into question by having some trojan DRM scheme foistered upon them.

    This is a technology based site, lets at least stick with the correct terminology. Security, not safety is the buzzword here. Why do so many people in the world, who don't know a lot about how their computer works, be able to be so easily fooled into such things being installed on their systems?

    Is it a failing of the user?
    Hardly, they are ignorant of such things and such things are not a pre-requesit of using a computer

    Is it a fault of the Operating System?
    More than likely, it is hard to engineer a system that is impervious to such an assult. A far more secure system would be one that prevented users from installing such things - but how to seperate that from software they are wanting to conciously install?

    From that point of view operating systems are showing a massive lack of maturity - gone are the days when a quick power cycle cures problems - I am sure a lot of users are still stuck in that mindset.

    How easily is the rollback feature in XP circumvented? Probably very easily, given the general lack of security elsewhere in the OS.

  101. Re:The Rights of Artists Vs the Rights of Listener by Digital+Vomit · · Score: 2

    You do.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  102. Re:The Rights of Artists Vs the Rights of Listener by Anonymous Coward · · Score: 2, Interesting

    Well, herein lies the rub.

    DRM is not designed to increase music sales. And it never was. It is designed to let the copyright holder control how and where you access the content. Increasing or maintaining sales levels is secondary in their mind. It's all about control. They had it, and they're not giving it up without a fight.

    The big media producers are scared right now. They are scared out of their wits, because things are changing, and the old comfortable system is getting obsolete. So they design half-assed measures to maintain their control of the content, which only servers to infuriate legitimate customers because they are being treated as criminals.

    I can only laugh when I am forced to watch an anti-copying commercial at the start of my DVD disk (which I payed for), and think that the people that just fetch a torrent of the movie are not subjugated to this.

    So its all about control. They have no idea how to increase the sales, or if they do, they are so afraid of taking the plunge into a new media paradigm that any effort made by them is destined to fail. So they crack their buggywhips, and shout "legislate!"

  103. Re:SONY ROOTKIT DID NOT DECREASE SECURITY by Stripe7 · · Score: 1

    It prevented the virus checkers from spotting malware on PC's with the SONY DRM on it. Think about the combination of the WMF exploit and the SONY Rootkit. You go to a site it downloads malware onto your system. You think you are secure because you have virus scanners and you scan daily, but the SONY rootkit prevents your scanners from picking up the worm on your machine. That is a reduction in security.

    Note: Sites can be hacked and trojan downloads installed unbeknownst to the websites. So you could potentially be going to gospel/business website and end up with undetectable malware on your machine. My sister went to a site to buy some glass cylinders for her lab and ended up with a virus.

  104. Re:The Rights of Artists Vs the Rights of Listener by ncc74656 · · Score: 1
    I'm pretty sure iTunes has a mechanism to "delicense" a computer that you no longer want regestered to you. However, the delicensing is done from the computer you want delicensed. This means if the computer crashes/breaks unexpectedly you could be out of luck.

    How do I deauthorize all of my computers?

    If you have authorized five computers, a button labeled "Deauthorize All" will appear in your Account Information screen. This button will deauthorize all computers associated with your account. You can then reauthorize up to 5 computers. Note: You can only use this feature once a year.

    --
    20 January 2017: the End of an Error.
  105. Groklaw spreading FUD by Anonymous Coward · · Score: 0

    The arguments on Groklaw can be made for the entire software industry as a whole, not just DRM creators. To lynch DRM vendors and not all other software vendors on those arguments is pure FUD.

    Last I heard Symantec was supposed to protect my PC, and look now they have a rootkit too, one which was designed to circumvent control over your own PC for what is perceived as your benefit. Sound familiar?

  106. Re:The Rights of Artists Vs the Rights of Listener by lgw · · Score: 2

    Do what?

    --
    Socialism: a lie told by totalitarians and believed by fools.
  107. Two different things by overshoot · · Score: 1
    You can, and actually a lot of DRM research is going into business applications.

    The DRM systems under development aren't usable by business because they depend on the master keys being held by an external trusted party (Microsoft, chip manufacturer, etc.) against users doing the exact things that businesses need to be able to do: replicate secured material to a different machine in case of failure.

    If a business can replicate a crashed system, an end-user can replicate (and decrypt) "protected" files. The process is identical. Law enforcement demands for access to secured content also fly directly in the face of business requirements for security.

    In a contest between the (mostly clueless) small business on one side and:

    • The Secret Police^W^WDepartment of Homeland Security,
    • Microsoft
    • IBM
    • Intel
    • AMD
    • Content Cartel
    • etc.
    I know which way I'm going to bet.
    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  108. Re:The Rights of Artists Vs the Rights of Listener by the+chao+goes+mu · · Score: 1

    Are you saying the high end of the IQ scale are not consumers? So most intelligent people are entirely self-sufficient survivalists who never buy anything? That's an odd world view.

    --
    Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
  109. Re:The Rights of Artists Vs the Rights of Listener by ms1234 · · Score: 1

    When that executive of a recording industry association in Europe (I forget which one) said that 'being able to listen to the music you bought off us on a Mac or Linux is a privilege and not a right' he was entirely wrong. No, his association companies receiving my money is a privilege and not a right, and a privilege I can revoke at any time.

    That would be Tommi Kyyrä of IFPI Finland (www.ifpi.fi). Send him a message :)

  110. Flamebait by no_opinion · · Score: 1

    The whole article is just flamebait. Any software you install can introduce risks, and there are already a host of things that pose similar threats. It's silly/stupid to think that DRM is unique in this way. Users should not be misled into believing that other applications (like word processors, web broswers, anti-virus programs, games, etc.) are inherently safe and don't have the same set of issues outlined by the article's author.

  111. Re:The Rights of Artists Vs the Rights of Listener by Digital+Vomit · · Score: 2

    Remind them of the babe.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  112. Re:The Rights of Artists Vs the Rights of Listener by BillyBlaze · · Score: 2, Insightful
    Or, you can always download the music and make an audio CD to give.

    An important correction: you can currently download the music and make an audio CD to give. You don't know that will be true in the future, and if the RIAA gets their way, it probably won't be.

  113. Mostly wrong, anyway. by abb3w · · Score: 1
    It is an "impossible" engineering task.

    More or less. It's cryptographically impossible to close the last analog hole, since Bob and Eve are the same person (to Alice's irritation). However, making the digital part secure isn't that hard... if you accept a lot of incompatibility with non-DRM systems, and limits on what the consumer can do.

    Lessee... postulate new proprietary media format -- the RIAA FuDisk -- and corresponding FuD player. Some aspect of the FuD technology must be clearly patentable to facilitate restricting manufacture-- perhaps some underlying encryption algorithm. FuD output is digital, but encrypted. Playback may only be by RIAA-approved FuD digitial decrypting speakers, which use a public/private key handshake with the player to ensure that the encrypted FuuP signal can only be played on the particular speaker. Circuitry of the decryption chips in FuD-approved speakers or player will self-destruct on physical tampering with any chip in the unit, such as from someone trying to replace the chip containing the speaker PKI key pair, or rewire the output from the analog speaker to an analog input.

    Of course, there's still an analog hole of microphone-next-to-speakers, consumers won't be able to record on FuD, computers wouldn't be able to play the FuD music without a special sound card, FuD speakers would be unnaturally prone to failure from false positive tampering indicators, and no-one in their right mind would buy a FuD system. But those are relatively minor defects.

    Someone put this idea in the "disclosed prior art" file, please....

    It's a jail. Things only need to escape once. Once they escape they're on the internet in open formats and the game is over.

    True; however, if the technology to arrange that escape is difficult enough so that very few people both can afford access and possess the skill to use it, Pirate hunting becomes practical.

    --
    //Information does not want to be free; it wants to breed.
    1. Re:Mostly wrong, anyway. by Concern · · Score: 1

      Certainly we can always revert to analog. I think in practice even decrypted digital data just in front of the D/A will be on the table in any consumer-priced device.

      Pirate hunting becomes practical.

      I can't imagine how. Watermarking? It's a joke. Use a stolen licence or player. Distribution? You can't stop the current P2P d00ds and that's without upping the ante so everyone starts perfecting and using more impractical systems like Freenet.

      Shit, we can't stop traffic in arms or heroin - which are vastly more amenable to "practical" law enforcement techniques.

      --
      Tired of Political Trolls? Opt Out!
  114. Re:The Rights of Artists Vs the Rights of Listener by Phisbut · · Score: 1
    You imply that as you replace your computers the available 'authorizations' are reduced, but you can 'deauthorize' a computer at any time. So old replaced computers aren't counted against you.

    That is, if the hardware doesn't fail before you have a chance to deauthorize. I used to use iTunes, I had it on my work computer, and on my home computer, so I authorized both. Then, one Windows-Update totally screwed my win install, it would hardly boot. Fortunately, I keep backups. Reformat, reinstall Windows, reinstall all my software, reinstall iTunes. iTunes won't play my purchased music, I need to authorize it again. I do so and it counts as a 3rd machine, even though it is the exact same hardware, just a fresh install.

    A couple of weeks later, the hard-drive on my work computer totally crashes (loud noise and all). Obviously, the system won't boot in a stable enough fashion that I can start iTunes and deauthorize it. Buy a new hard drive, reinstall everything, reinstall iTunes, re-authorize iTunes. Machine count is up to 4. So now, I'm only allowed one more hard drive failure or failed Windows Update or what-have-you before I permanently lose access to all that legally purchased music.

    Since then, I basically said "well screw that", I burned all that bought on CD's and re-ripped them to unDRM'ed MP3's, and went Linux. I'm not going back to iTunes.

    --
    After 3 days without programming, life becomes meaningless
    - The Tao of Programming
  115. Dilution of DRM to level of mutual dissatisfaction by TechForensics · · Score: 1
    DRM will be diluted until it reaches a subliminal level (in terms of customer awareness / acceptance). With VHS VCRs, that was Macrovision, which was non-annoying to most users and easily circumvented (with copyguard buster boxes) by those who cared enough and spent enough to do so. It worked well enough for the content producers to be less than actively malcontented, and poorly enough for people who really cared to get around it.

    This is sort of the situation we have now with copy-protected recordings: the copy protection works well enough for companies like Sony to feel comforatable making releases (though they are going to have to find some new method after the rootkit fiasco, obviously)-- they have settled for reducing the number of seeds or sources to unauthorized distribution channels. This may be where the balance is finally struck: DRM just restrictive enough to stop the casual user from distributing or seeding. Coupled with lower prices to the public **AA may have steady and tolerable sales, even if unsatisfactory in terms of their historical business practices.

    --
    Those are my principles, and if you don't like them... well, I have others.
  116. Re:The Rights of Artists Vs the Rights of Listener by Steve525 · · Score: 1

    Thanks (to you and others)! I was unaware of that ability. I was just (stupidly) repeating what I heard from a somewhat trusted source. I don't use iTunes much myself, so I never worried about enough to check.

  117. Re:The Rights of Artists Vs the Rights of Listener by bsane · · Score: 1

    Machine count is up to 4. So now, I'm only allowed one more hard drive failure or failed Windows Update or what-have-you before I permanently lose access to all that legally purchased music.

    The other replies to the parent already covered this, but once you 5 you can de-auth all the computers and start over...

    Since then, I basically said "well screw that", I burned all that bought on CD's and re-ripped them to unDRM'ed MP3's, and went Linux. I'm not going back to iTunes.

    There are better ways to remove the DRM from itunes tracks than burning/ripping.

  118. Re:The Rights of Artists Vs the Rights of Listener by John+Courtland · · Score: 1

    You guys actually did it. I'm both scared and proud.

    --
    Slashdot is proof that Sturgeon's Law applies to mankind.
  119. Re:The Rights of Artists Vs the Rights of Listener by d34thm0nk3y · · Score: 1

    I have to disagree here. It's not your music, it's (in effect) his.

    I bought it, it's mine. The only thing that limits what I can do with my music are copyright laws (incl. the DMCA) Your sentiment is a result of propoganda and not law.

    There's no law by which you can demand that he allow you to listen to that music on any arbitrary device;

    There is no law that forbids it either. On top of this, fair use is an affirmative defense in the case of a copyright infringement case. No court in the land would fine you for ripping a cd you own to your mp3 player.

    you have to negotiate that privilege with him

    No you don't. You don't actually understand copyright law do you?

    , and pay the price he demands.

    given..

    If he sells you a disk with the understanding that you are not to play it on a Mac (or to cover it with cheese sauce) and you choose to do so anyway, you're breaking your end of the agreement.

    This might be an argument the day you are required to sign such an agreement before purchasing the disc. Of course, the DMCA does back any technological restrictions put in place by the manufacturer.

    In the U.S., compulsory license laws (whereby a tax is added onto the cost of blank media and paid to the music publishers to cover the cost of copying you might do) force you to give money to the music publishers even if you don't like their product, or are incapable of using it. (Deaf people pay this compulsory license tax on CD-R media and audio tapes used for data storage only.)


    This is not really the case in the US. I think "audio" cd-r's may have such a tax but that is it. Maybe you are thinking of Canada.

  120. Re:The Rights of Artists Vs the Rights of Listener by keraneuology · · Score: 1

    Let's say that nobody with an IQ > 500 buys a Brittney Spears CD. In this case yes, those people within the high end of the IQ scale are not consumers of Brittney Spears CDs. I'll go out on a limb and predict that if a study were ever completed one would find that a group of people who never buy CDs but only attend the symphony or opera in person are generally more intelligent than people who stand in line for Lip Synch Simpson CDs.

    --
    If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
  121. BOYCOTT ALL DRM by Stomkrow · · Score: 1

    It is up to us the consumers to win this battle. We MUST refuse to buy or support DRM in entirely. Period. Boycott any and all DRM media and be completely infelxible in this.

  122. Re:The Rights of Artists Vs the Rights of Listener by dodobh · · Score: 1

    s/Artists/Sales critters/ and your viewpoint should change.

    --
    I can throw myself at the ground, and miss.
  123. Benjamin Franklin Said It Best by Bushido+Hacks · · Score: 1

    "Those who would trade liberty for some temporary security, deserve neither liberty nor security". --Benjamin Franklin

    --
    The Rapture is NOT an exit strategy.
  124. Re:The Rights of Artists Vs the Rights of Listener by Anonymous Coward · · Score: 0

    You really do not understand popular music at all. In fact it has almost nothing to do with music at all. The so called artists are irrelevent except as names and faces. The popular music industry is all about fashion, which in turn is about social acceptance and social power, and the crises of identity faced by older children / younger adults.

  125. DRM or security? by Firehed · · Score: 1
    Is there a question here? Lose one bad thing and gain one good thing... I think the choice is obvious. DRM, of course :) What good is your computer if there's a risk that publishers aren't milking every penny out of you they can?

    Joking aside, though, the rootkit was a HUGE security risk, and took Digital Restriction Enforcement (I've started calling it DRE, as that's what it really is) to a new - though still completely ineffective - level.

    --
    How are sites slashdotted when nobody reads TFAs?
  126. Re:The Rights of Artists Vs the Rights of Listener by MBGMorden · · Score: 2, Insightful

    Or, you can always download the music and make an audio CD to give.

    I don't know about you, but most people would consider a BURNED CD somewhat of a cheap gift, regardless of if you paid for the tracks or not ;).

    --
    "People who think they know everything are very annoying to those of us who do."-Mark Twain
  127. DRM not in CPUs but BIOS by redelm · · Score: 1
    After the Pentium3 Serial Number fiasco, I very much doubt the CPU mfrs will put DRM in hardware or CPU firmware. So [RI|MP]AA are trying to go after the BIOS writers. So the machine won't boot unsigned OSes which won't run unsigned apps. Even apart from the laudable FreeBIOS project, this just won't fly. Consumers won't stand for it any more than the P3SN. MS might be able to force the issue, but they don't own enough content for it to be worth the cost in sales or profits.

    OTOH, a dedicated applicance _is_ possible.

    1. Re:DRM not in CPUs but BIOS by Alsee · · Score: 1

      I very much doubt the CPU mfrs will put DRM in hardware or CPU firmware.

      You can doubt it all you like, but you're wrong.

      Intel's CPU-embedded DRM system is codenamed La Grande, and they have already been shipping processors with a deactivated prototype of it. AMD's CPU-embedded system is codenamed Presidio. Transmeta has already shiped active CPU-embedded systems in their 5800 line. And the new CELL processors have it mandatory embedded as pert of the specification from the get-go.

      And Microsoft has already declared that the new Vista operating system with either not work at all, or will be to a restricted to a crippled less functional mode if you do not have a DRM Trusted Computing motherboard and a new DRM Trusted Computing videocard and a new DRM Trusted Computing monitor and new DRM Trusted Computing other hardware. Slashdot ran a story a while ago about the next windows release needing these new crypto DRM enforcement monitors.

      And with the release of the new Windows Vista later this year, all new computers will ship with this new DRM hardware, as the new hardware standard. No one can seriously survive in the PC business selling hardware that is INCOMPATIBLE with the latest Windows OS. Microsoft simply declared that non-DRM enforcing hardware simply will not work properly withb the new Windows release. It will be effectively impossible to sell new PCs without this DRM hardware because viartually all new PCs come with the latest Windows OS pre-installed, and you cannot sell new computers with non-DRM hardware that DOESN'T WORK. People buying such systems will get errormessages and a non-functional system, and if you ask Microsoft about it their answer is that the hardware is incompatible and at fault, that you should return the hardware and buy from someone else who is selling proper Certified Windows Compatible hardware that will work properly - hardware that implicitly can only be DRM-enforcement hardware.

      the BIOS writers

      Oh? Did you miss those Slashdot stories as well? That all of the BIOS makers have already developed their new DRM supporting BIOSes?

      I even e-mailed Pheonix BIOS about it and got an answer. Their answer is that they don't like it, but that they effectively *MUST* provide it because that is what their customers are demanding. And no, you are not the BIOS maker's customer. The BIOS makers customers are the motherboard manufacturers. Motherboard makers buy the BIOS and ship it in their motherboards.

      And why are motherboard makers forcing DRM onto BIOS makers? Because they know that they won't be able to sell motherboards that can't run Windows. Any motherboard makers who *DO* implement the Microsoft Mandated DRM systems *will* get the entire market for new PCs with the new Windows OS, and any motherboard maker that refuses to submit will simply get locked out of the market and go bankrupt.

      So the machine won't boot unsigned OSes

      That is a very dangerous myth.

      The new Trusted Computing DRM systems are as evil as hell, but they are NOT evil in the way you think. They are NOT evil in any way that would cause people to avoid them.

      It is the deadly effective Microsoft Embrace and Extend and Exterminate tactic.

      Rule number one of the Embrace step is to ensure that you have embbraced and included EVERY capability and advantage of the system you are attacking. To ensure that there is NO reason NOT to move to the new system.

      The new Trusted computers can do anything and everything that normal old computers can do.

      Old computers can boot unsigned OSes, therefore the new DRM Trusted Computers can and must be able to boot unsigned OSes too!

      Run down the list of every practical functional reason you think you should use a nomral old computer over a new Trusted Computer and you have identified a misunderdstanding you have of the new system. There is no practical functional reason not to buy a Trusted Computer.

      The Extend part of the Microsoft Emb

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  128. Didn't you get the memo? by overshoot · · Score: 1
    After the Pentium3 Serial Number fiasco, I very much doubt the CPU mfrs will put DRM in hardware or CPU firmware.

    Doubt all you like, but that's what they've all announced that they'll be doing.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  129. It's how you use it... by adrianbaugh · · Score: 1

    While I agree that (to take an example) the guys running Sony's DRM program are sleazebags for doing what they do, people also need to take more responsibility for their own computer systems; this means learning how to use root or Administrator accounts properly. Even on Windows it's possible to let your children use the computer without letting them have the ability to install random crapware on it. People like the convenience of doing everything as root, but it's just dumb.

    --
    "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
    - JRR Tolkien.
  130. DRM software is not just an application. by argent · · Score: 1

    It's silly/stupid to think that DRM is unique in this way.

    Um, no.

    DRM is unique in that it has to operate at the OS level, and that its entire reason is to prevent the normal operation of the computer from proceeding to completion. Even anti-virus software... which I consider a bad solution to the wrong problem... can run purely at an application level, by running the potentially infected application in a sandbox, and anti-virus software can always be turned off because it's the user who makes the decision whether to run it or not.

    You can run your word processor in a sandbox, you can run your web browser in a sandbox, but you can't DRM software in a sandbox, lest you bypass the DRM by hijacking its outputs! Your word processor and web browser don't contain code to disable other applications that could be triggered accidentally by a bug, but since that's the whole point of DRM software it's far more likely to happen accidentally. And in a multi-user system there's nothing a word processor in my daughter's account can do to damage anything in mine... but if that was true for DRM software you'd just have to run your "sniffer" in another account to hijack the decoded output.

    Users should not be misled into thinking that strong DRM is similar in any way to applications. It has to operate at the OS level, and it has to have more rights at that level than the user themself!

  131. Yes, but.... by smchris · · Score: 1

    The song begins to play automatically just as our fictional victim recognizes that he is experiencing a heart attack and he desperately clicks the Skype window to dial emergency services. But all he sees on the screen is a big notice:

    DETECTION OF UNLICENSED USE OF MEDIA: SYSTEM SHUT DOWN.


    It is unlikely our Congressmen would give a twit about the logic of this example. The remedy is clear: the survivors sue the spammer for damages.

    Similar to courts upholding that city police can confiscate and auction off the car of a guy cruising for prostitutes EVEN THOUGH IT WAS HIS WIFE'S CAR.

    The law's the law and civil lawsuits are today's answer for cleaning up whatever collateral damage they cause.

  132. Re:The Rights of Artists Vs the Rights of Listener by koreaman · · Score: 1

    Who me?
    Couldn't be!

  133. Re:The Rights of Artists Vs the Rights of Listener by ejp1082 · · Score: 1

    It's truly mind boggling when you think about how much money they've pissed away by failing to simply throw up a web site and sell mp3's. Do they not realize that they're competing with a black market?

    I haven't used a p2p app in ages... but when I did, I would have gladly paid a dollar a track if it was easy to find, consistent quality, and devoid of the viruses and spoof files so common on the p2p networks. I'm not about to pay a dollar for a crippled track that doesn't let me play it on all my devices.

    The whole logic behind DRM is completely irrational. "If we sell Britney Spears's latest album on the internet in an unencumbered format, then there's a chance that the album will get shared on peer to peer networks!" Um, hello?

    The pirates are gonna do their thing whether you're selling tracks with DRM in place or not. The DRM is just managing to piss off honest consumers and make the pirated content look that much more appealing by contrast.

  134. Broken Xmas Gifts by ardle · · Score: 1

    We're just out of the Xmas season; how many people gave or received CDs or DVDs as presents? I did - and almost everyone I know did. And whereas I also received gift vouchers for (real 3D) music stores (sorta low on funds, so I didn't give any :-), I enjoyed giving and receiving the real thing. It requires a bit of a personal touch.

    It's not so nice to give someone a present that's broken, which is what I did the year before last when I accidentally gave a friend a DRM'd "CD" that wouldn't play in her car (didn't know they'd come out over here yet - I check all music disks for the CD symbol now).

    I suppose the music distribution companies could soften the blow to their Xmas income a tiny bit by allowing a customer to explicitly specify what media to transfer to the recipient's computer.

    What a lovely scene: Xmas morning; the children wake up early and run downstairs to the computer to see what presents they got...

  135. Re:The Rights of Artists Vs the Rights of Listener by Reziac · · Score: 1

    I'm reminded that Bowie had one of the first subscription-only websites. Maybe his predicting the death of copyright is merely karma. ;)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  136. DRM Induces Piracy Too by jimbopf · · Score: 1

    Content owners must learn to compete with free. DRMed content is worse than free. Much worse. If you make your product worse than equivalent products that people can steal for free, then people will steal it.