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Death By DMCA

Dino writes "There's a good article in the IEEE Spectrum, titled 'Death by DMCA', which talks about how whole classes of devices were eliminated, and how others won't even see the light of day as a result of the Digital Millennium Copyright Act. One example is ReplayTV's TiVo-like devices which featured sharing capabilities, along with automatic ad skipping; the company was sued to bankruptcy, and the reincarnated device supported neither sharing nor ad skipping."

92 of 414 comments (clear)

  1. more proof the RIAA/MPAA are insane by yagu · · Score: 5, Insightful

    This is cool, I don't have to change my "subject" lines for posts any more... it's all about the entertainment industry's state of mental health.

    From the article: "These new capabilities did not please Hollywood. Jamie Kellner, then CEO of Turner Broadcasting System Inc., called skipping commercials "theft" and, along with 28 entertainment companies including major movie studios and television networks--such as Disney, Paramount, Time Warner, Fox, Columbia, ABC, NBC, and CBS--sued ReplayTV for contributing to copyright infringement."

    WTF? Skipping commercials is theft? FUCK YOU Jamie Kellner.... FUCK YOU TBS, FUCK YOU Disney, Paramount, Time Warner, Fox, Columbia, ABC, NBC and CBS! So, for those not using some sort of tivo-like device, if they should step out to relieve themselves, is THAT theft?

    It galls that devices are being driven away from the marketplace because they're too good. And it equally galls that layer upon layer of obfuscation continues to be heaped on existing technology, to the point that when something works, my heart palpitates: is it the signal?, is it the unit?, or is the FUCKING DRM that I somehow forgot to set correctly?

    Also from the article (referring to the ability to create "unencumbered digital tuners": "The entertainment companies do not like the flexibility of these home-built machines--or, more significant to them, the flexibility of the machines that consumer electronics manufacturers could offer under the current copyright law and its Betamax rule." WTF?, again?

    They don't like the flexibility of these machines? I'm willing to bet somewhere in their ad campaigns they're bragging on some feature they're offering as flexible, etc. Gawd, I hate the industry.

    So, technology continues to improve in quantum leaps, but the governor that is the RIAA/MPAA consortium does everything in their power to ensure technology is crippled to their whims, to enhance their power and profit.

    Has anyone read Player Piano by Vonnegut? Great book... pretty good story about technology and designed obsolescence, and the collapse therein of a society... I won't give away the ending, it's worth reading.

    </vent> Thanks, I feel better now.

    1. Re:more proof the RIAA/MPAA are insane by CrackedButter · · Score: 2, Informative

      Don't forget these innovations are only curbed in the US. The rest of the country outside the US can and will enjoy these technologies.

    2. Re:more proof the RIAA/MPAA are insane by Corbets · · Score: 3, Insightful

      Well, your post was passionate, I'll give you that.

      However, I'd like to ask a simple question. If the networks can no longer count on people watching at least some ads, how are they to pay for content? The day most people have "auto-commercial-skip" is the day advertisers stop paying to be a part of the program. At that point, the networks would have to charge the consumers directly. Are you interested in paying even more for cable TV then?

      I'm not saying it's theft or agreeing with any of the other comments made by those companies, but you need to put down emotion and maybe start coming up with reasonable alternative business models if you want to see devices like this suceed. Of course, once those business models are in use, there won't be any need for devices like this... so it's kind of pointless.

      I don't know what the answer is, but venting on Slash about the end of society isn't any way to bring it about.

    3. Re:more proof the RIAA/MPAA are insane by nbritton · · Score: 2, Insightful

      I tought the whole point of paying for cable was so you did not have to have/watch commercials?

    4. Re:more proof the RIAA/MPAA are insane by kaiser423 · · Score: 5, Interesting

      I would say that the networks should really start looking into it -- in about 20 years all the politicians are going to be people who lived through the shutdown of napster, the lawsuits, and the general stupidity.

      I'd say that there's plenty of room for other means of revenue. Product placement in show, micropayments, paying to download the show ala iTunes, not giving their actors a million a show, dvd sales of the series, etc. There are lots of revenue streams that the station currently makes money on; they just need to enhance a couple and stop spending so extravagantly and they'll be just fine.

      We need to stop worrying about them, and they need to start worrying about other content usurping their marketplace. In the future, their actors will likely be paid less and they will likely make less money. But that's a direct result of us having more to occupy our free time. That's business, and they need to plan for it, not try to legislate it out of existence. But so far, they're winning with the legislation so they're going to keep pushing it.


      Actually, the legislation is a very bold move to prevent other content from usurping their marketshare, and what we're reading on slashdot is the natural backlash to their effots. They've made their decision, and are going to try to execute their gameplan regardless of criticism because billions are at stake here. We need to vote with our votes, because nothing else will work. They have way too much money and influence currently to vote with our wallet or our voices. They're going after the legislators, and so far they're winning them over.

    5. Re:more proof the RIAA/MPAA are insane by Mikya · · Score: 2, Funny

      Has anyone read Player Piano by Vonnegut? Great book... pretty good story about technology and designed obsolescence, and the collapse therein of a society... I won't give away the ending,

      I think you just did.

    6. Re:more proof the RIAA/MPAA are insane by Stellian · · Score: 4, Insightful
      If the networks can no longer count on people watching at least some ads, how are they to pay for content? The day most people have "auto-commercial-skip" is the day advertisers stop paying to be a part of the program.


      I guess that's the broadcasters problem, not mine. They should adapt their business model around this. Maybe air shorter, more interesting and targeted commercials, that people want to watch. I am willing to fill a questionnaire to help them select the best commercials for me. I don't know and I don't care how they would pay for content.
      However, what they should not be allowed to do, is telling me what I can do with my TV and my video recorder, in my house.
    7. Re:more proof the RIAA/MPAA are insane by richdun · · Score: 4, Interesting

      You make a good point, except for this - if this were really the networks' issue, they should have sued Frito-Lay and Pepsi decades ago. I skip commercials all the time, and I don't have a Tivo or other DVR. People have been skipping commercials for years - mostly to go get whatever the commercial is selling out of the fridge. And if advertisers really though people were going to skip their commercials too much, they should have went after whoever it was that release the first remote control. Even if I'm not hungry, I'm not watching commercials if the remote is within reach. I don't see many complaints from the actual advertisers (maybe because its Slashdot and we don't care if Pepsi complains about us not watching their commercials while we IV in Mountain Dew during any and all coding projects, or mostly because they've been using multiple business models in their advertising for years under blanket marketing strategies), just the networks themselves.

    8. Re:more proof the RIAA/MPAA are insane by masklinn · · Score: 5, Insightful

      However, I'd like to ask a simple question. If the networks can no longer count on people watching at least some ads, how are they to pay for content?

      How about "that's their fucking problem not mine"?

      Pro-capitalism, pro-"free trade", pro-whatever-you-think-that-is americans (I'm not american btw) usually point out that the market sorts itself out, how about letting it sort itself out for once?

      They could switch to 100% pay-per-view, or a single "free" channel and some for-pay channels, or they could die altogether for all i'd care, but the fact that their current business model would be fucked is not a good enough reason for me nor for anyone else to accept that kind of crap.

      How are they to pay for content? I don't give a fuck, seriously. It's their job to figure it out but it's not their job to make it impossible for me to get devices I'm interrested in.

      Progress always win in the end, while they can delay the widespread use of TiVo-like devices they can't slaughter it altogether, they're merely getting some more time.

      I'm not saying it's theft or agreeing with any of the other comments made by those companies, but you need to put down emotion and maybe start coming up with reasonable alternative business models if you want to see devices like this suceed.

      Of course not, I don't need to come up with "reasonable alternative business models", nor does the GP, I'm not a content provider or anything, it's not my job. If they can't come up with alternative business models by themselves then they're better off dead, and the sooner the better, other more intelligent guys will think of something and take their place in no time.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    9. Re:more proof the RIAA/MPAA are insane by jthill · · Score: 5, Insightful
      venting on Slash about the end of society
      Who'd-a-thunk anybody could strawman that post?

      Have you never once wondered why almost no one objects to Google's ubiquitous ads?

      Perhaps you think it's because they bribe us with all those cool toys. I thought about that. I don't believe it.

      I think it's because they offer the ads. They're easy to ignore.

      You can skip right over them without even noticing.

      But, say the networks, if they can't shove ads in your face for twenty minutes an hour, and sue you for ignoring them, they'll go broke? They're running ads for companies that can't sell their product without bludgeoning people into insensibility. "Revolutionary new garden tool!!!! Makes a great gift!!!!". Christ, buddy, they're trying to sue us for not watching spam.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    10. Re:more proof the RIAA/MPAA are insane by Corbets · · Score: 5, Insightful

      Actually, the use of non-market strategies (i.e. legislative means) is very common in business. Businesses do it all the time. If you want that to change, time to work on your politicians!

      How about "that's their fucking problem not mine"?

      Sure is, and they're trying to solve it. Look at it this way - for the people working in those companies, it is their job to get you to watch TV and more specifically watch those ads. They will pursue all means that they think are ethical/legal and probably some that they don't. But it's their job, and you can hardly blame them for doing it any more than they can blame you for flipping burgers at the local Mickey Ds (or whatever your country has - but I live in Switzerland at the moment, and even these guys have the golden arches). Obviously they haven't yet come up with better ideas. When they do, they'll get implemented, and given the quality of technical skill some Slashdotters have, there's even a chance that the solution could come from here.

      We're getting back to copyright issue, I think - it's their content, according to current copyright law, and they think they grant you a very specific use - to watch it on your TV. You, on the other hand, think that once they broadcast the content to you, it's yours to do with as you please. In this case, the law would appear to disagree with you. Until and unless a majority of people within the US share your view, which will not happen until you can share it without cussing and sounding like a fool, then US law will continue to protect the interests of those TV networks. Unbridled anger rarely serves effective change.

      Sure is nice to see one of my posts stir up so many comments, though. ;-)

    11. Re:more proof the RIAA/MPAA are insane by kfg · · Score: 2

      If the networks can no longer count on people watching at least some ads, how are they to pay for content? The day most people have "auto-commercial-skip" is the day advertisers stop paying to be a part of the program.

      I have a friend who inteneded to do a Master's thesis on television advertising. She had to abondon it. It turns out she could not watch television advertising, even when she wanted to, because her brain had been trained to auto-skip them.

      She is an extreme example, but we all mentally (or even physically) auto-skip advertising to one extent or another and the advertising industry is already painfully aware that most of their effort has no effect.

      You cannot create effective advertising by force.

      . . .you need to put down emotion and maybe start coming up with reasonable alternative business models . . .

      If he is not in the industry that is not his responsibility.

      . . .if you want to see devices like this suceed.

      Then don't pass new and oppressive laws banning them for no reason other than supporting a business model which has no place in codified law.

      KFG

    12. Re:more proof the RIAA/MPAA are insane by masklinn · · Score: 2, Insightful

      Sure is, and they're trying to solve it.

      Trying to stall something has never been a solution has never been a solution, and couldn't ever be called one.

      it is their job to get you to watch TV and more specifically watch those ads

      Works wonder since I don't own a TV anymore.

      Obviously they haven't yet come up with better ideas

      Point is that they're not even trying to, the only thing they're trying to do is to keep the current statu-quo.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    13. Re:more proof the RIAA/MPAA are insane by Znork · · Score: 4, Insightful

      "If the networks can no longer count on people watching at least some ads, how are they to pay for content?"

      Technological advances have cut costs across the whole industry, yet the monopoly protected businesses costs go on rising all the time. Have you considered the possibility that, in fact, the content is expensive because it's protected, not the other way around?

      Opensource has shown us software can be produced at a fraction of the cost. Music has been freely produced for centuries. We're seeing more and more freely produced approaching quality pictures.

      Maybe the networks dont have to charge consumers, maybe the producers need to damn well cut their coke habits down a notch.

      "Are you interested in paying even more for cable TV then?"

      Are you? Every serious analysis of the pricing shows that more protection equals _higher_ pricing. The day you're locked into a clockwork orange type setup in front of the TV, you can be damn sure the commercial break isnt ending. Ever.

      Almost every other economic sector has to play by free market rules; it's time for the IP sectors to do the same.

    14. Re:more proof the RIAA/MPAA are insane by Thing+1 · · Score: 3, Insightful
      Emphasis added:

      The rest of the country outside the US can and will enjoy these technologies.

      Mr. President, the correct term is "empire." 1/2 :)

      --
      I feel fantastic, and I'm still alive.
    15. Re:more proof the RIAA/MPAA are insane by mpe · · Score: 2, Insightful

      Sure is, and they're trying to solve it.

      Playing at being King Canute is unlikely to solve anything.

      Look at it this way - for the people working in those companies, it is their job to get you to watch TV and more specifically watch those ads They will pursue all means that they think are ethical/legal and probably some that they don't.

      The problem with the latter is the way in which corporations are not exactly treated as people. i.e. they don't get jailed or subject to bail conditions when accused of breaking the law.

      But it's their job, and you can hardly blame them for doing it any more than they can blame you for flipping burgers at the local Mickey Ds (or whatever your country has - but I live in Switzerland at the moment, and even these guys have the golden arches).

      The difference is that "Mickey Ds" dosn't appear to be incapable of changing their menu or even their pricing structure.

      We're getting back to copyright issue, I think - it's their content, according to current copyright law, and they think they grant you a very specific use - to watch it on your TV. You, on the other hand, think that once they broadcast the content to you, it's yours to do with as you please. In this case, the law would appear to disagree with you. Until and unless a majority of people within the US share your view, which will not happen until you can share it without cussing and sounding like a fool, then US law will continue to protect the interests of those TV networks.

      If you went and asked you would probably find that even if a majority of viewers did not think that way the number who did would be likely to vastly outnumber those TV networks.

    16. Re:more proof the RIAA/MPAA are insane by Alef · · Score: 5, Insightful
      Look at it this way - for the people working in those companies, it is their job to get you to watch TV and more specifically watch those ads. They will pursue all means that they think are ethical/legal and probably some that they don't. But it's their job, and you can hardly blame them for doing it

      I beg to differ. You can blame them, and in fact you should blame them. That is how a market economy works: if I don't like that a certain shoe manufacturer profits from child labour, then I blame them for it, and stop buying their shoes.

      When we accept questionable and dishonest behaviour from corporations, simply because it is somehow expected of them, then that is how they will behave. The truth is, it is expected from them only because we accept it. If we didn't, it would no longer be profitable and they wouldn't do it. Companies have no intrinsic moral; their only moral stems solely from the criticism we as consumers place on them. Humans are the only source of moral in the system, and we must use it.

    17. Re:more proof the RIAA/MPAA are insane by ultimate_fish · · Score: 2, Interesting

      Here in the UK one channel (Five) had a fantastic anti-advert system for a while. They were multiband limiting the audio on the ad breaks with the result that it was so loud, you were forced to hit the mute button. Marvellous.

    18. Re:more proof the RIAA/MPAA are insane by richdun · · Score: 2, Insightful

      They being the advertisers, not the networks (since they are obviously complaining about this) - that was my point. Advertisers have more than one way to get to me, that's just smart business. If the networks only have one revenue stream, no matter what it is, that's not smart business.

    19. Re:more proof the RIAA/MPAA are insane by Reaperducer · · Score: 4, Insightful

      In the freedom-filled United States, if I purchase and legal DVD of The Incredibles at HMV and rip it to my iPod video, I have committed a crime.

      In Communist China, if I purchase a legal VCD of The Incredibles at HMV and rip it to my iPod video, I have not committed a crime.

      Guess which country got my money when I wanted The Incredibles on video.

      --
      -- I'm old enough to have lived through six different meanings of the word "hacker."
    20. Re:more proof the RIAA/MPAA are insane by TheRaven64 · · Score: 3, Interesting
      You know what? Entertainment provides me with some value. I enjoy being entertained. And do you know what else? My time has value too. The TV companies are buying some of my time (which they use to show me adverts) in exchange for some entertainment. This is called trade.

      Now, the thing about trade is that it only works when both parties are getting a good deal. Trade works because commodities have different values to different people. If my time is worth less to me and more to them, and the entertainment they can provide is worth more to me than it is to them, then this is a good trade and everyone is happy. The problem is that it isn't.

      Is 40 minutes of entertainment really worth 20 minutes of your time? Possibly if you're on minimum wage, and even then it would be a close-run thing. A decade ago, (in the UK) it was much closer to 10 minutes or my time for 50 minutes of entertainment, which was a significantly better deal. Even then, I much preferred watching the BBC channels that didn't have adverts.

      A couple of weeks ago, my TV broke. Since then, I have not bothered getting it fixed. The only thing I watch these days is Doctor Who (and I have enough friends that also watch it that I can watch it with them if I don't have a TV).

      I have, effectively, withdrawn from this trade. If the media producers wish to tempt me back, they need to make a better offer. Fortunately, they have. I can rent DVDs of most shows I would watch very cheaply. If I could do this over the Internet for the same (or a lower) price, then that would be even better.

      --
      I am TheRaven on Soylent News
    21. Re:more proof the RIAA/MPAA are insane by mapkinase · · Score: 2, Insightful

      I thought I have seen all weird logic before. I thought I have seen all laissez faire anthems before.

      "By all means?" Since when the end justifies the means? I lived 30 years in a country like that and I did not move to US to meekly watch how a bunch of American oligarchs are implementing the same immoral and cynical philosophy in THIS country.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    22. Re:more proof the RIAA/MPAA are insane by pommiekiwifruit · · Score: 2, Insightful
      If the networks can no longer count on people watching at least some ads, how are they to pay for content?

      Doesn't bother the BBC :-)

      There is enough content on there to keep me busy for a while anyway...

    23. Re:more proof the RIAA/MPAA are insane by m874t232 · · Score: 3, Insightful

      If the networks can no longer count on people watching at least some ads, how are they to pay for content?

      They aren't; they should go out of business if they can't figure out a new business model under changing market conditions. In fact, advertising supported network television is obsolete.

      but you need to put down emotion and maybe start coming up with reasonable alternative business models

      Why do I have to figure out a new business model for them? Or why should Congress artificially limit technology just so that outdated business models continue to work?

      Do you want Congress to pass laws against combustion engines so that the business model of hay producers and blacksmiths continues to work?

    24. Re:more proof the RIAA/MPAA are insane by Anonymous Coward · · Score: 5, Insightful

      in about 20 years all the politicians are going to be people who lived through the shutdown of napster, the lawsuits, and the general stupidity.

      Today, all the politicians are people who lived through Vietnam and Watergate. It doesn't seem to have made them any less inclined to invade other countries on the slimmest pretext, nor does it seem to have made them any less inclined to commit crimes in office and then lie about them.

    25. Re:more proof the RIAA/MPAA are insane by Simon+Garlick · · Score: 2, Insightful

      The rest of the country outside the US can and will enjoy these technologies.

      Tell that to the administrators of The Pirate Bay.

    26. Re:more proof the RIAA/MPAA are insane by freedom_india · · Score: 4, Insightful
      Remote control zapping is going to be illegal in a few months time.

      Bills have already been introduced making it illegal.

      Toilet-going, water-drinking, talking, etc., will be outlawed in a few years unless its for buying a product shown as advert.

      No, am NOT joking. With the lawyer-shit in control of entertainment companies, it will be only a few years from now in US that these would be illegal. These STUPID laws would then be exported to other countries either through "trade" negotiations or "peace missions".

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    27. Re:more proof the RIAA/MPAA are insane by incabulos · · Score: 3, Insightful

      I wouldnt call RIAA tactics a legislative ( with the implication of lawfulness and law-abiding behaviour ) process, it is more of a criminal process. If I decide overnight I am entitled to million of dollars, then set about 'recovering' the 'valuable funds' that were 'stolen' from me by society at large, then am I permitted to kick down the doors of families and rob them at knifepoint?

      The RIAA does precisely this, albeit with the threat of lawsuits instead. There is no doubt at all that these actions are criminal, its an indictment on the corruption of politicians and the law-enforcement community that these felons can operate with impunity as they are currently doing. Leveraged with bribes in the form of campaign donations. Its one of the few truly black-and-white issues in government, they sure as hell arent acting in the interests of their consituents, and the conflict-of-interest position that govt members are in makes corruption a certainty rather than a mere possibility.

      What is a well-meaning citizen to do? Sitting idly by and becoming another victim of the RIAA and their pet senators and congressmen is not an option. Its a war against slavery in a way, and the battle is against a group of powerful people who believe they have a right to own and control you, and everything you see and hear.

    28. Re:more proof the RIAA/MPAA are insane by StikyPad · · Score: 2, Insightful

      I would say that the networks should really start looking into it -- in about 20 years all the politicians are going to be people who lived through the shutdown of napster, the lawsuits, and the general stupidity.

      I wish there was some merit to the idea that future politicians will have a more modern viewpoint (even if their views are 20 years old by that point), but I'm not convinced that we will elect leaders who are any less susceptible to corporate (or other special interest group) influence, or that any of them will actually carry through on their campaign promises. Moreover, once a law has been on the books for a few decades, it's almost gospel. People can't remember a time when it didn't exist, and thus it's unlikely to go away. I think part of the solution would be to make laws more difficult to enact and easier to repeal. Banning riders would also help, along with eliminating any/all forms of contribution, compensation, and "pampering" of officials by third parties, other than X thousand dollars donatable, by individuals only, directly to campaigns. I'm not sure how much of an effect that would have, but it would be a good start.

    29. Re:more proof the RIAA/MPAA are insane by BalanceOfJudgement · · Score: 3, Insightful

      "Remote control zapping is going to be illegal in a few months time."

      Sad part is, had I not read an article detailing the DMCA's younger (but 10x scarier) brother, I wouldn't believe you. It seems unthinkable that they would make it ILLEGAL to change channels.

      Yet that is exactly what the bill calls for. Forcing TV's to refuse to allow you to change channels during commercials, and impose huge penalties for 'interfering' with the technology that prohibits channel changing.

      It's sickening.

      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    30. Re:more proof the RIAA/MPAA are insane by 0x0000 · · Score: 2, Informative

      Okay, well, you're making it clear now that you're trolling, but I will respond once more, anyway, since I believe some of your thoughts basically coproratist crap and should be shown as such, lest some poor newb mistake you for a realist and be misled... besides, I have a few minutes during commerical ...

      the use of non-market strategies (i.e. legislative means) is very common in business. Businesses do it all the time. If you want that to change, time to work on your politicians!

      It may be common, but that makes it neither right nor actually legal. Fact is, once you resort to legislating that your victims must purchase your product, you are no longer in the business of business, you are in government, which is precisely the problem here (and in other areas of business and government as practiced in the US, and - I don't doubt - in Switzerland).

      Let's get one basic thing established before I go on to show that these corps - thru the DMCA and other measures - are in fact attempting to use the Law to force citizens [corps like the term "consumer" but for obvious reasons I reject that moniker in this case] to purchase their product regardless of the quality of the product or the desire of the [alleged] consumer for that product - that one item is this: No corporation has any inherent Right to the output of my work, nor to my property, nor to anything which is inherently Mine. [note that this applies also to individuals, but I am using "coroporation" here to a point]

      If you cannot agree to that, then you may as well just run your "debunk" script on the rest of this a move on, but I suspect that [despite your assertion that you live in that weenie commie Switzerland place] you might agree that you do in fact have a right to own your own property?

      Very well then.

      Allow me to present to you the reality of the [television] media biz:

      The TV biz does not market shit to you, the consumer. they market you the consumer to the companies that buy the advertising.

      They, the media companies, draw you into "their" audience by offering you something they suspect (rightly or wrongly) you will watch. Then, once they have established [thru the raitings systems] that you are watching, they sell the fact that you are watching to other corporations. You are their audience, whcih is the actual product they produce. Their product is not content, since they do not get paid directly for any content - they get paid for providing viewers to companies like Coke, Pepsi, McD's, Budwieser, et al. That's it. It's very simple. Thier cash flow is from the advertisers, not from the viewers.

      Do you get it yet?

      How about "that's their fucking problem not mine"?

      Sure is, and they're trying to solve it.

      Actually, no. They are in denial. They are asserting that "you are watching" and that if you don't, they will sue you, or charge you criminally. That is a bit different from addressing the problems inherent in their business models. Quite different.

      If their goal was to get you to pay for content, they could just charge you directly, as many of the non-mainstream media outfits do. The resort to legistlation is a complete non-sequiter to prevent them [the networks] from bearing liability to their actual customers - to wit: the corps who are paying for the ads.

      If the network sells ads, and you do not [that is: they cannot force you to] watch, the media corp could [arguably] be considered in violation of the contract with their advertisers. A real contract. They are attempting to shift their own liability to their hapless victims - the audience. This too, is a red herring, though, as we shall see...

      It might make sense to look at the contract between Coke and NBC [randomly selected examples].

      Coke pays NBC to broadcast some ad over it's network during some time when NBC is claiming some-

      --
      "The Internet is made of cats."
  2. Seriously... by Anonymous Coward · · Score: 2, Interesting

    ...when is somebody going to call the RIAA and MPAA out on RICO charges?

    Either that, or disband them by force - let them be first against the wall when the revolution comes!

    1. Re:Seriously... by Yvanhoe · · Score: 2, Insightful

      Is it just me or do I hear this revolution tone more and more often ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  3. When the masses awaken, corporations will listen by Mr.+Samuel · · Score: 4, Interesting
    Crap like this is part of the reason why I avoid television altogether.

    For the moment, DRM and all of its related ridiculousness is the concern of geeks. We're the ones who are informed about the problems with DRM and the slippery slope that it's sent us down.

    If things continue to get worse (and there's no reason to believe they won't), it will get to the point where the general public will no longer line XYZ Company's pockets. And when you hit the bottom line, you suddenly start speaking that company's language.

  4. The only way to fight the DMCA by shifty_cow · · Score: 2, Insightful

    is to actually involve yourself politically. If you just sit there and do nothing, the government/industry/lawyers will continue to infringe on your rights. Stop complaining in forums when stuff like this happens; VOTE or WRITE LETTERS or ORGANIZE A PROTEST *before* it happens and help ensure laws like this don't get passed.

    Otherwise, this article reads just like any other rant on the DMCA. Honestly, why can't anyone think beyond "all your stuff should be free!" mentality. It won't work. Music is a bussiness. It will always be a bussiness. Same with movies. And software. Stop bitching when idustry chooses to fight technology rather than embrace it. Organize, make contacts in industry, lobby, tell everyone you know, VOTE! And remember:
    Flaming != helping.
    Flaming == counter-productive. Always.

  5. Smuggling opportunities by Harmonious+Botch · · Score: 2, Insightful

    I forget the exact quote - and the author - but someone once said that for every law that is passed there is a new business opportunity created in the black market. Fortunately, I'm close to Mexico. Place your orders here.

  6. It was never about piracy by RatBastard · · Score: 5, Informative

    It was never about piracy. Domestic/consumer level piracy is so minor as to not make a difference in their bottom line. The real media pirates are the overseas DVD pressing plants that press legal DVDs by day and bootleg DVDs by night.

    This is about controlling what you watch and how you watch it. It's about protecting their advertising revenue. It' about making you buy a new copy of your favorite content every time they change formats.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  7. here's the proof that they're evil by kaiser423 · · Score: 5, Informative

    The most tell-tale part:

    In 2003, 321 Studios, of St. Charles, Mo., launched a software product called DVD X Copy for these more typical DVD owners. The company built in aggressive measures to prevent piracy, including an antipiracy splash screen that appeared when viewing any copy and watermarks that would enable copies to be traced back to those who made them. The management at 321 Studios hoped that these cooperative measures would stave off Hollywood's wrath.

    The company was wrong. Before the DMCA, 321 Studios would have been on relatively safe legal ground. From the time of the Betamax case, U.S. courts had made it clear that copying devices were legal so long as they had any substantial lawful use. But the DMCA changed the rules. When the movie studios sued 321 Studios, the Hollywood contingent did not argue that any of their movies had been unlawfully copied. Instead, it said that the product circumvented a "technical protection measure," which in this case was the Content Scramble System (CSS) on DVDs.

    The CSS is the scheme Hollywood uses to encrypt movies on DVDs. Decryption requires a key, which manufacturers of DVD players obtain by signing a license with the DVD Copy Control Association, a consortium of movie studios, including Fox and Warner, and technology providers, such as Intel and Toshiba. This license, in turn, forbids licensed devices from making digital copies of DVD content or from offering playback modes that the studios disapprove of. (DVD recorders can copy only unencrypted digital material, such as home movies.) The licensing rules and DMCA put companies like 321 Studios in a quandary. If they signed the license in order to obtain the CSS decryption keys, the document prohibited them from using those keys in software capable of copying a DVD. If they didn't sign the license and forged ahead anyway, deriving the CSS keys on their own, they risked prosecution or a civil suit under the DMCA for circumventing the CSS. After consideration, 321 Studios opted to go forward without a license. The DMCA quickly washed away DVD X Copy. After the movie studios prevailed in court in 2004, manufacturers pulled DVD X Copy and similar ripping tools off the U.S. market.

    1. Re:here's the proof that they're evil by dal20402 · · Score: 4, Insightful
      Trying to physically prevent copying is hardly the point of CSS.

      The point is to remove fair use loopholes. With CSS, any unencrypted copy of a DVD is prima facie evidence of the crime of circumventing a protection mechanism (created by the DMCA).

      CSS is there to make MPAA thuggery legally easier as much as to prevent any copying.

  8. This is why DRM will work by Opportunist · · Score: 4, Interesting

    By eliminating free trade.

    Given the choice, the customer would buy the "better" product. The "better" product, for the customer, would of course be the one that offers him more liberty.

    Now, devices that do that will vanish from the market because their companies are sued into oblivion. Result: Only crap can survive.

    The customer is left out of the loop, as the deciding mechanism which items should survive on the market, which is actually his responsibility and role in a free market.

    Free trade is dead. Welcome to the world of ... well, what exactly? In Communism, The Party decided what's good for you. What do you call a market where the producer, and him alone, dictates what you can and may buy?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. Well, they might stop companies... by zappepcs · · Score: 2, Insightful

    but they can never stop people building their own, nor can they stop people from 'loaning' their CD/DVD/Whatever to their friends. The 'sneakernet P2P' service.

    All the *AA will ever manage to do is drive the sharing and fair use into a dark underground where they can never be able to find it without spending all of the money they do make. At that point, they will have to blame the loss of sales on their own crappy content, and their insane business practice of financially murdering any company that stood even half a chance of helping them find the 21st century.

    Yep, so by all means, lets all work together to help the *AA find the real world, and do all our sharing underground, off the net, so they have only themselves to blame. Who knows, it might work..... NOT

    Can't we just shoot them now?

    Seriously, this is just one more reason to have them outlawed for monopolistic and draconian business practices. I personally don't see anything wrong with making *AA groups illegal... If enough of us vote, well, you never know...

  10. Proof we are not a democracy by Tablizer · · Score: 5, Insightful

    This is yet more evidence that we are not a democracy. These bans and discouragements are almost entirely the result of lobbying backed by big inc's with deep pockets. No citizen majority voted for these. "Silly company, voting is only for humans".

    1. Re:Proof we are not a democracy by Opportunist · · Score: 3, Funny

      Well, if everyone here chips in, maybe we can buy our very own Senator?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Proof we are not a democracy by Tablizer · · Score: 2, Insightful

      Voting for change is an incremental process. Each 4 years or so you get to choose one issue to vote on. If you are lucky, one of the two candidates that have a chance of winning actually agree with your point of view. Otherwise you are screwed.

      Some States have issue-based ballots where you vote on specific issues. The feds could copy this model.

      imagine how hard it would be not to be corrupted by the RIAA/MPAA.

      Right now it is *legal* for organizations like the **AA to give campaign donations. Perhaps that should change. Free-speach laws prevent stopping issue-based advertizing on their part, but it should be possible to ban direct contributions to political candidates and perks such as luncheons. Politicians don't need cushy perks. There are plenty of candidates that will be happy to take the position, yet brown-bag their lunch.

  11. GeekPAC by Tablizer · · Score: 4, Interesting

    I keep saying we need to form GeekPAC, a so-called Political Action Committee (AKA "trade organization") to help counter the big lobbying from deep-pocket companies. Geekpac would also promote open source, reduce software patents, and make companies scientifically justify "shortage" before importing more H-1B's. If we don't protect our political ass, nobody will.

    1. Re:GeekPAC by ptarjan · · Score: 2, Interesting

      I can't belive that you are so open minded about other issues and then "make companies scientifically justify "shortage" before importing more H-1B's". Do you know how many hoops you have to jump through to get an H1B? I'm a canadian citizen and getting one is no cake walk. They run out of them in 1.5 months! And then you have to wait a whole year. Moreso, they only grant them starting in Oct 1st, how is my school teacher girlfriend supposted to come down to be with me while I work here. I can't believe that you would fight for so much openness and then be so protective when it is in YOUR best interests.

  12. These are the choices we make by Quixote · · Score: 3, Insightful
    Here's what will happen: a bunch of geeks will get their panties in a twist, maybe dash off an email or two to a few politicians, and then go back to their video games and D&D.

    Here's what needs to happen: put your money where your mouth is. Set up a PAC (Political Action Committee); fund it liberally so it has a lot of clout; and let it loose after the politicians who sponsor legislations which hurt consumers. In the end, it's all a matter of money. If you people are willing to put your money where your (loud) mouths are, then you can expect change for the better. Otherwise, just bend over and take it quietly from the *AA.

    EFF has its place; but it's not a PAC. You need a Consumer's PAC, with at least $10M+/year of budget, to have a serious impact.

  13. All this surprises you? by Newer+Guy · · Score: 3, Insightful
    The United States has been on the slippery slope towards becoming a third world country technology wise for over a decade! Corporations have virtually unfettered access to our elected officials, who bend over for the ca$h they fill their bank accounts with. THIS is the reason for what this article speaks of - We have the best Govt. that money can buy!

    Consider this - though the (analog) VCR was invented by Ampex, a USA corporation (now defunct I believe), not a SINGLE VCR was ever built in this country! I don't believe that there is a single motherboard or other computer part that can claim to be 100% USA made either.

    We are a country of takers and users and Congress leads the pack in taking! WHEN (not if) our style of living falls flat on its face, we'll have no one but ourselves to blame!
  14. The late great Mancur Olson by Budenny · · Score: 5, Interesting

    Olson was puzzled why economic growth was faster in the South, after it lost the civil war, and also why France in the 19c after having had three or four revolutions and two catastrophic war time defeats had grown faster than Britain under stable rule. He concluded and showed that long periods of stability allow vested interests to accumulate anti competitive practices which enrich them at the expense of the whole.

    We are looking at a classic example of this. Consider those who profit from the DMCA. Olson's insight was that it is in their interests to impose costs on society as a whole which are many times, maybe 100s of times, greater than what they themselves receive, as long as what they receive is more than they otherwise would.

    Let interest groups carry on behaving like this for year after year, and gradually the costs imposed on society become so great that economic growth slows or stops totally.

    Then, only a dramatic structural change, abolition of the accretions, will help. The good news is, it helps dramatically.

    In an ideal world, the various Federal Agencies would counterbalance such interests, because they, being nominated by people elected on a broader basis, will have it in their interests to represent the country as a whole. However, special interests are ingenious and find ways through, and this only works by fits and starts.

    It can be done. Thatcher did it in the UK. Democracies can do it, when they see the need. This is the good news, the bad news is, it has to get pretty bad first!

    1. Re:The late great Mancur Olson by Jah-Wren+Ryel · · Score: 2

      Whenever you have enough power to give one group something at the expense of another, you'll have maggots working to make it happen. And the "special" interests will always win out over the "general". Always.

      Yes, there is even a name for the phenomenon - it is called Regulatory Capture.

      --
      When information is power, privacy is freedom.
  15. Hurting customers in more ways than one by alfs+boner · · Score: 4, Insightful
    The DMCA hurts consumers in more than one way.

    First, it hurts the end user or consumer by imposing government restrictions on how we use things that we "own". Or more to the point, we no longer own things that we buy.

    It also hurts us that we don't see competition. This means higher prices, collusion, price gouging, and all the other nasties that come along with pseudo-monopolies.

    We are further harmed by the lack of new jobs and opportunities. Real growth for our country is not in the 1000+ employee multinational corporations, but in the small companies employing 25 or less employees. The DMCA seriously harms innovation and prohibits companies that are more truly American companies from growing, making money, paying taxes, and employing more workers.

    And we get the short end of the stick when these companies no longer need to innovate from the unnatural monopoly caused by the DMCA protects them from newer, more competent competitors. Not only do we not see the innovative, improved, products from fresher companies, we also see outdated technology from the companies that have lost the need to improve in a free market system.

    --
    Listen p*ssy. I'm sure your the same homo that posted earlier about alf's boner and you just want to remain anonymous fo
  16. I don't support the DCMA, however... by Zadaz · · Score: 3, Insightful
    This is just obvious. In fact this is what the DCMA intended to do. Just like other laws put hitmen (mostly) out of business and Coke had to stop putting coke in the Coke.

    My question is, if this is such a big deal, what are you doing about it? If every person who was pissed off about this gave $100 to a lobby to fight it, we'd have it overturned by next week. Imagine the political power that could be brought against the MPAA/RIAA if we took our DVD/CD money and spent it on lobbyists...

    (voting and writing to representatives is for wimps)

  17. Re:It's called by moranar · · Score: 2, Insightful

    Nope, it's called more properly Corporatism.

    --
    "I think it would be a good idea!"
    Gandhi, about Internet Security
  18. I miss the times Microsoft was the top bad guy by Marcos+Eliziario · · Score: 5, Interesting

    Really,
    Microsoft still is evil, and I know that they happily jumped into the DRM wagon too. But when I compare today's news with the past I get a chill. Our rights are being ripped in a astonishing fast pace, and hollywood is suceeding in making things that even Microsoft never dreamed off.
    The sad part is that they are likely to succeed; The average people don't understand the ramifications of those laws, and when they question their representatives, they are easily convinced by some crappy explanation in the line that this kind of laws helps to prevent terrorism, or save americans jobs or something like that.
    But the truth is that RIAA are a threat to capitalism and free market. They are blocking inovation, subverting the law, and turning law-abiding citizens into criminals without they even knowing that.
    We have to stop them. Know! Maybe it's time for another Boston Tea's party.

    --
    Your ad could be here!
  19. Give Me Flexibility or Make Me a Criminal by ziny · · Score: 2, Interesting

    As a consumer I prefer flexibility. The more options I have for using a purchase the more likely I am to buy it. In what other industry exists the mentality that the more restrictions that are placed on products the better off the industry will be? Imagine if you could only buy a particular brand and style of shoes to go with a particular brand and style of suit or a particular brand and size of nails to use with a particular make of hammer.

    Everything that the entertainment industry is suggesting is causing me to think more and more about what my options will be for circumventing restrictions so that I may "enjoy" music and video in the manner I desire. It scares me when I stop to think that I am trying to devise ways to break the law.

    Be that as it may I have no doubt that as greater restrictions are placed on what I legally acquire in both media and electronics I will buy fewer legitimate products and put my resources elsewhere.

  20. Does anyone watch ads they record with Tivo? by jackjeff · · Score: 2, Insightful
    ReplayTV's TiVo-like devices which featured sharing capabilities, along with automatic ad skipping; the company was sued to bankruptcy, and the reincarnated device supported neither sharing nor ad skipping

    Whenever I use a VCR to record something, I really enjoy the fast forward to skip ads. In fact, I usually prefer using the VCR than watching the thing live for that very reason...

    So I wonder. Does Tivo prevent you to make a fast-forward? Otherwise, wtf about this ad skipping capability... no one is gonna watch ads if they have the ability to skip them by pressing a button. No? Am wrong?

  21. Proof we are not capitalist by ZachPruckowski · · Score: 5, Insightful

    I'm not an economics major, but all the capitalists I've ever talked to seem to love the whole idea of "the market will solve". It's sort of their silver bullet to any arguement. So why don't we let the market solve? Capitalism is supposed to be dynamic. Companies have to accept changing roles and adapt to them, not fight them. Big companies have to be forced to accept that sometimes they "have to roll the hard 6" and take risks. There should be no corporate entitlement. No company is guaranteed to make money. That's what pisses me off about the RIAA and MPAA. They refuse to consider changing themselves to the world, they'd rather change the world to suit themselves. Granted, that might mean the end to $300 million production value blockbusters or fewer 1 hit wonders and more solid bands, but the world will cope, and the market can decide which model they like better.

    1. Re:Proof we are not capitalist by Tablizer · · Score: 2, Interesting

      Under "pure" capitalism one could make DVR's that can copy and network up the wazoo. The court system would not be part of it. Plus, who says we *should* have pure capitalism? We are supposed to be a democracy, and voters GRANT companies the privilage to conduct trade. In the old days, local governments had much more control over companies. Big companies have since bought themselves more power over the years with little or no direct approval by voters. Large companies like Monsanto and Intel have way too much political power.

    2. Re:Proof we are not capitalist by hackstraw · · Score: 2, Insightful

      I'm not an economics major, but all the capitalists I've ever talked to seem to love the whole idea of "the market will solve".

      That is only true in a free economy.

      Once the government gets involved and limits that freedom, things like black markets and "the underground" come up.

      The media companies are not interested in being part of a free economy, they are interested in control and big bucks, and they pay government officials regularly to ensure this lack of freedom.

  22. oops by svallarian · · Score: 4, Informative
    --
    I patented screwing your mom. But it got revoked for "prior art."
  23. Thank you DMCA, thank you MPAA/RIAA by jbssm · · Score: 5, Funny
    I would really like to thank you all.

    Now I can sleep well in the evening knowing that after a day full of downloading copyrighted music and movies, not paying a cent for them and still making copies of what turns out not to be junk to give to my friends ... I'm doing my role to make this world a better place to live.

  24. What next? by Phantom784 · · Score: 2, Funny

    Next thing you know, they're going to make microwaves illegal so I can't get up and make popcorn during the commercials.

  25. Non-U.S.'ers not safe either by KingSkippus · · Score: 5, Insightful

    First of all, this was a damn good article, one of the most thoughtful and thorough ones I've read in a long, long time.

    Second of all, non-U.S. citizens aren't safe. The RIAA and MPAA are pushing our government to force other countries to sign their digital freedoms away in trade agreements and treaties. The article specifically deals with this issue.

    Remember, the guy who released deCSS was arrested for breaking no Norweigian law. The Pirate Bay guys have had their equipment seized for breaking no Swedish law. The point is that just as the U.S. flexes its military muscles in places like Iraq, it flexes its corporate muscles in countries such as the one that you call home, wherever that may be. And as weird and hard as it may be to believe, I'm 100% sure that the government in your country is just as capable of doing the same really boneheaded stupid things that the U.S. government has done given the right (*ahem*) incentives.

    So no, this is not a problem unique to the United States. Yes, the U.S. may be the worst of the lot, and yes, a lot of this foolishness has arisen primarily because of corrupt greedy U.S. organizations who don't give a flip about consumers there or anywhere else, but if you believe nothing else, believe this: This idiocy will reach you in your supposedly safe and comfortable home country unless you are vigilant and active about stopping it.

    1. Re:Non-U.S.'ers not safe either by Fulcrum+of+Evil · · Score: 4, Insightful

      The Pirate Bay guys have had their equipment seized for breaking no Swedish law.

      The difference is that, in Sweden, this is a huge scandal, and great publicity for the fledgeling political party that's forming out of this debacle. It should be interesting to see what happens in sweden in the next election.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Non-U.S.'ers not safe either by Firehed · · Score: 4, Interesting
      And as it is, TPB is the only organization that was opering out of Rix|Port80 that isn't suffering any financial harm, having already got back up and running out of now four countries (they can continue to cash in on ads, while the 200+ other orgs hosted there are still down and in some closet in a police station). So not only did they accomplish nothing but a worldwide outcry of horror (which was followed by a sigh of relief), they made TPB harder to shut down as they're now running in four countires, instead of just one. Supposedly TPB also intends to press charges for something or other, and I'd imagine all of the other operaters of servers seized meaninglessly will do the same.

      Way to go, police.

      --
      How are sites slashdotted when nobody reads TFAs?
    3. Re:Non-U.S.'ers not safe either by MHobbit · · Score: 2, Interesting
      So no, this is not a problem unique to the United States. Yes, the U.S. may be the worst of the lot, and yes, a lot of this foolishness has arisen primarily because of corrupt greedy U.S. organizations who don't give a flip about consumers there or anywhere else, but if you believe nothing else, believe this: This idiocy will reach you in your supposedly safe and comfortable home country unless you are vigilant and active about stopping it.


      You're right about that-- it's the U.S. industries at fault. If we can stop them (from pushing our government to doing their bidding as well), the U.S. as a whole wouldn't be to blame. I'm a US citizen and I don't like the RIAA and MPAA at all either. There really aren't that many of us here that want the RIAA and MPAA too.
      --
      Debugging? Klingons do not debug. Bugs are good for building character in the user.
    4. Re:Non-U.S.'ers not safe either by Jugalator · · Score: 4, Insightful

      Yes, and that things gets harder to shut down isn't a one time occurence either.

      We got centralized Napster to introduce P2P to the masses, then things like Kazaa, Gnutella, eDonkey and Overnet, with them shifting focus more and more to decentralized implementations. Now we have BitTorrent which has a centralized tracker, but intelligently set up to not host or transmit anything copyrighted, which can both put it in a legal grey zone, and also make it quite easy to set up. And that's not even the cutting edge P2P tools -- these would be the existing and upcoming anonymous clients.

      With a future, at least in Sweden where I live, of 10 and 100 Mbps connections fairly common, there's tons of redundant bandwidth all over in case you can accept e.g a 0.5-1 Mbps down/up speed which is more than enough for reasonably efficient piracy. And that extra bandwidth could probably be enough for "anonymizing" clients.

      And once you get a fresh new P2P client to get very popular and using encryption with onion routing, I think that's the final nail in the coffin against **AA's "shut down" or even lawsuit strategy. They won't even know whom to sue, unless they venture into the painful realm of tracing through proxies. For effiicent shutdowns or suits, they simply have to move into banning encryption and proxies, and then I suspect pirates will finally find peace, because that won't happen. Tracing people through a maze of proxies in a popular anonymous P2P net is also something I seriously doubt even the police have the resources for on a massive scale.

      It would be very interesting to hear **AA commentary on what they think of anonymous nets, something they've had the pleasure of not having overly popular yet due to less performance. But performance will increase proportionally to how popular the network is and how many can share their bandwidth.

      --
      Beware: In C++, your friends can see your privates!
    5. Re:Non-U.S.'ers not safe either by Alef · · Score: 2, Interesting
      nd once you get a fresh new P2P client to get very popular and using encryption with onion routing, I think that's the final nail in the coffin against **AA's "shut down" or even lawsuit strategy.

      Their response will be to try to outlaw that particular client and clients like it, and impose DRM technology on every user to enforce the law. How well that turns out might be a decisive moment for the future of culture, I suspect.

    6. Re:Non-U.S.'ers not safe either by Jah-Wren+Ryel · · Score: 2, Insightful

      It would be very interesting to hear **AA commentary on what they think of anonymous nets, something they've had the pleasure of not having overly popular yet due to less performance.

      That's easy. They are terrorist tools and should be illegal. They'll get lots of support from the spook-overlords in the government too, probably end up reducing their bribery^H^H^H^H^H^H^Hcampaign controbutions budget in the process.

      --
      When information is power, privacy is freedom.
    7. Re:Non-U.S.'ers not safe either by Kjella · · Score: 4, Informative

      Remember, the guy who released deCSS was arrested for breaking no Norweigian law.

      Umm a couple points, one he was in fact arrested after Norwegian law, just never convicted. Secondly, the woman leading the investigation against him, Inger Marie Sunde, need no help from the USA to be a 1984-happy control freak. She's tried to ban anonymous email (yes, she wanted to outlaw using free webmails like Hotmail or Yahoo from Norway), she's managed to outlaw anonymous cell phones and registration without showing ID, she's been airing thoughts about requiring ID to use a webcafe, every time there's been something like the RIP act in UK or the data retention act in EU she's all for it and in the broadest scope possible. Her latest suggestion is to allow copyright holders like RIAA and MPAA direct access to subscriber information without police or court oversight, and I mean absolutely none at all.

      --
      Live today, because you never know what tomorrow brings
    8. Re:Non-U.S.'ers not safe either by kevinadi · · Score: 2, Insightful

      Damn, it's time to pack my bags and move to China then. It's the only country on Earth that's practically immune to all the US strong arm tactics.

      Wait, I'll be trading corporate tyranny with government tyranny there. On second thought, the US have both of them! On to China!

  26. Re:So what? by plasmacutter · · Score: 2, Insightful

    except it's not.

    the point of copyright is to insure compensation, not control. Copyright does not equal property, it is only a right to be the exclusive seller. Just because you monopolize a market does not give you the right to start regulating others because you've reached the limit of what you can squeeze from your market.

    if they are worried only about revenue streams, then they should be requesting levvies. they are not, theyre demanding control, and a technologically illiterate congress is giving it to them and stifling huge sectors of the free market.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  27. Re:dvd software for copying by idonthack · · Score: 2, Informative

    And those are illegal in the United States.

    --
    Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
  28. Suffocate them by suv4x4 · · Score: 3, Interesting

    Funding lobby organisations (i.e. to buy lobby politicians)? Voting differently? Sending letters, phoning them? Rioting?

    Forget it. It doesn't work. One thing works: stop buying and suffocate them. They are nothing without money. Money gave them power, no money, no power.

    There's a mountain of evidence anyone could easily understand about how MPAA and RIAA make our life worse and are detrimental to our society.

    We need people with marketing experience to help us pick out the major pain points MPAA/RIAA have created in the last years and bring them to the society in an easy to understand manner.

    We need to spread the information to the casual folks so they know, and stop funding MPAA/RIAA, by not buying their products. We have to clearly point out the companies behind MPAA/RIAA, they should not be left anonymous.

    I'm willing to participate if someone can organise a campaign with web dev/graphics & print design. Yup, I'm actually willing to do something. Anyone else?

  29. Qoute by Robert Heinlein by Reaper9889 · · Score: 5, Insightful

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

  30. Re:When the masses awaken, corporations will liste by Fulcrum+of+Evil · · Score: 2, Insightful

    OTA Television is not encrypted, so there is no reason to avoid television because of DMCA, yet.

    Like you'd need another reason to avoid television.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  31. Re:dmca loophole by Teun · · Score: 2, Insightful
    No worry :)

    The US has strong armed most trading partners into adopting similar legislation.
    It's usually not quite as brass as the original.
    For example, over in the UK and here in Holland it's quite common to find large advertisements for 'Region Free' DVD players. Cable and digital broadcasters sell TIVO like recorders and advertise all these things that are so useful and forbidden in the US.

    A different matter is that US customs would confiscate anything that would not comply with local laws, would the importer/ retailer still try he'd be liable. The exeption is software, as it's very difficult to stop it at the border you will find US citisen using software that's only free outside of the USofA.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  32. STOP GIVING THEM MONEY by visualight · · Score: 2, Interesting

    Never read anything by Vonnegut, but I'll look that one up...

    Anyway, I have no confidence in PAC's, lobbyist, or letter writing campaigns. They (MPAA members) need to feel some pain.

    If you buy a CD, DVD, or go to a movie you are supporting these bastards. Just stop, and tell everyone you know that you've done so.

    For myself, until BOTH the DMCA and the Sonny Bono Copyright Term Extension are repealed, they'll not get a dime from me; I will cost them money at every opportunity. I'm not interested in giving money to PAC's or lobbyist. I'm interested in seeing a real backlash against Hollywood for BRIBING my elected representatives into passing these laws in the first place. Success can be claimed only when Hollywood "itself" cries mercy and asks Congress to repeal these laws.

    --
    Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  33. The article is incorrect regarding ReplayTV. by Richard+Steiner · · Score: 4, Informative
    TFA states the following:

    One example is ReplayTV's TiVo-like devices which featured sharing capabilities, along with automatic ad skipping; the company was sued to bankruptcy, and the reincarnated device supported neither sharing nor ad skipping.

    I don't think SonicBlue actually went into bankruptcy, and its ReplayTV product was purchased by Digital Networks North America Company, a wholly owned subsidiary of D&M Holdings U.S., Inc. They own things like the Denon, Marantz, and Boston Acoustics brands as well as Rio and ReplayTV.

    SonicBlue 5000-series models supported internet and local program sharing and both manual (Show/Nav) and automatic commercial skipping as well as a 30-second FF button (QuickSkip). The commercial skipping features navigate between marks which are created at the start and end of commercial advertising blocks that the unit detects and marks at show recording time (it isn't just a simple time skip). Those units still perform as they did when initially purchased.

    Current 5500-series models still mark commercial blockss while recording and still fully support both Show/Nav (manual movement between block markers) and QuickSkip, so manual commercial skipping and the 30-second FF is still present, but the automatic commercial skip has been removed. Also, the internet sharing capabilities were removed.

    I believe a 5500-series ReplayTV can be made to temporarily regain both automatic commercial skipping and internet sharing capabilities if the disk is reimaged with a 5000-series formatted disk, but I can't personally vouch for that (I own a 5000-series box myself).

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
  34. Alternative Business Model by jd · · Score: 2, Interesting
    Also known as the British Broadcasting Corporation (BBC for short). It is arguably a subscription channel - if you have a television, you pay your subscription, in the form of the license fee - and it is 100% advert-free. When it's bad, it's pretty bad (but still better than any of the US cable channels at their worst). When it's good, it's damn good.


    How to translate this into the US system? Well, let's start with PBS, as that is the only public broadcasting service the US has. To be on-par, PBS would need to eliminate the sponsorship system, eliminate the adverts, get better backing from Government, broaden the content, improve the quality of productions to modern cinematic standards (documentaries shouldn't have the 1930s Pathe Newsreel feel to them), and carry out independent work (history should not be read from a textbook, and news should not be read from AP bulletins).


    Next come the existing openly subscriber channels and pay-per-view. These should, really, be reaping the full cost of everything (plus profit) from the material they sell. If they don't, then the material is either grossly undervalued or grossly inferior. People are generally happy to pay for things that are worth the cost to them, so either the pricing is incorrect or the material is. Or both.


    Finally, the "free" advert-laden channels. In the end, adverts cost the producers of the advertised material money. This money will end up being added to the cost of goods. Since the cost of material doesn't depend on who is paying for it, this will work out to be comparable to any of the subscriber channel costs. Only, you're paying for it whether you watch those channels or not! It's a tax on goods, going through the corporations rather than through Government, but it's still a tax. Since it is a tax, why not have it collected by the people collecting taxes anyway? It won't change how much you end up paying for your cost of living, but it will add about 15-20 minutes of material to every show, increasing the value of watching them.


    (If you're going to pay $X extra because of an invisible sales tax created by advertising, it makes no difference to you in your overall costs if - instead - those same goods were $X cheaper and you had an $X flat tax to cover broadcasting in that area. $X - $X = 0.)


    Actually, that's not totally correct. Those in adverts get paid royalties for every time the advert is shown. This costs the advertisers more, which they'll defray by making you pay for it by more expensive goods. This will not be exactly the same as the increase in production costs by making shows 15 minutes longer. In some cases, the cost of the adverts will be more. In other cases, the cost of the shows will be more. You would need to quantify this, to prove conclusively that the BBC model of the license fee would work in these cases. My suspicion is that you'll find that the license fee is indeed the superior model, but in either case, the difference has to be insignificant as none of the other costs for those channels is going to vary.


    (You asked for an alternative model. You didn't ask for one Americans would stomach. I know perfectly well that even if every household in America saved hundreds or even thousands of dollars a year from a license model, and even if it meant program quality skyrocketted far beyond the wildest imaginings of anyone alive today, you'd be risking an armed uprising before Americans would consider a new overt tax from Government, no matter how covertly they were being taxed by corporations already.)

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Alternative Business Model by demonlapin · · Score: 2, Interesting
      but it's still a tax

      No, there's the small difference that Coke and Pepsi can't put me in jail if I opt not to pay the "tax" by buying generic soft drinks instead.

      And if you think the US has a contentious political climate now, just wait until you put politicians in charge of all the funding for popular entertainment.

  35. King Canute solved a lot. by WinPimp2K · · Score: 3, Interesting

    He got rid of a bunch of very obnoxious yes-men in a very satisfying way.

    You seem to remember that Canute commanded the tides to stop and have taken that as an example of a ruler out of touch with reality. The folks who think it is their job to stifle technological progress in order to preserve their employer's profits may be disconnected from reality. (However there is more than one reality - I cite the leadership of North Korea, Iran, and Cuba as examples)

    But back to the misremembered monarch. In a nutshell, Canute had a bunch of fawning sycophants that irritated the hell out of him. He manuvered them into asserting that he was such a powerful King that he could command the tides to stop and the tides wouild obey him. In the time it takes you to say "Beach Blanket Bondage", he had those little twits staked out on the beach at low tide. He commanded the tides to stop. I do not recall if he sent condolences to the surviving family members or not. More likely he would have had them removed from the gene pool as well - it would be the only prudent thing to do.

    --

    You either believe in rational thought or you don't
  36. Dream. by trudyscousin · · Score: 2, Insightful

    Besides moaning on Slashdot about this topic, I gave $100 to the Electronic Frontier Foundation in 2000. They're a lobby, of a sort. Our lobby. I suppose not "every person who was pissed off about this gave $100," as another poster put it, because by now, we're still wallowing in the fallout from the DCMA.

    Last year, I wrote to Senator Dianne Feinstein (apparently the best California lawmaker money can buy, given that she's the progenitor, all or in part, of so much of the anti-consumer legislation we're seeing) and voiced my concerns. I got a boilerplate reply implying my concerns were without merit, and that the preservation of movies and television and recordings were of utmost importance.

    So, I'm taking matters into my own hands, inasmuch as I cannot form them into more than tiny fists against the RI- and MPAA hegemonies. I am canceling my digital and premium cable services, reverting back to basic. When a commercial comes on, I already turn down the volume and go to the can. Or go for a snack. I'll be sure to buy my CDs second-hand, and I'm not buying from the iTMS any longer. (For the love of Pete, people, don't rent your music!) I have no plans to buy new video equipment; my 1989 Sony 21" Trinitron will be my last video monitor when it breaks down, because what will I be able to buy other than a DRM-hobbled flatscreen? If I buy HD-DVD or Blu-Ray equipment, it'll only be for computer storage, that is, if the rights I currently enjoy with my computer still exist. If I go to the movies, it'll be at a Century or Camera cinema instead of one belonging to AMC, because AMC sees nothing wrong with foisting commercials on my girlfriend and I after I've paid twenty bucks for us to see a film. And when the fall quarter comes along at my local community college this year, I'm digging my saxophones out of the closet and signing up for concert band. Or perhaps the local non-profit production company's pit orchestra. I probably didn't touch on everything one could do, but, you get the idea.

    If enough people did all that, perhaps those such as Jamie Kellner (he of the infamous not-watching-commercials-is-stealing quote) or Thomas Hesse ("Most people, I think, don't even know what a rootkit is, so why should they care about it?") would have no alternative but to rent themselves out as urinals.

    --
    Those who can, do. Those who can't, write technology blogs.
  37. Well, twenty years ago.... by Degrees · · Score: 4, Insightful
    I'm curious what the breakdown for cable service really looks like.
    Well, twenty years ago I had a co-worker that had previously been in the accounting department for Disney television. At that time, Continental Cablevision (my area cable TV provider, later sold out to Comcast), was paying Disney fifty cents per subscriber per month. So from my home town, Disney was making about $10,000 per month off The Disney Channel. (Subscriber = home w/ cable TV, not per person)

    I later heard that the charge to Comcast went to a dollar per month per subscribing home.

    Is it enough money to fund an entire network without 'commercial break' advertising? Probably not, unless all those people take cuts in pay (or their operation gets outsourced).

    Which to me, is an entirely viable solution. The pay scales in the TV and movie industries tend to be pretty high....

    As far as OTA distribution goes, I think that is a dinosaur marketing scheme that deserves to become extinct. If technology hastens this extinction - great. I certainly object to Congress passing laws to guarantee these bozos their rents.

    The business model of television is based on blind advertising - interrupting as many people as possible, with the hope that *some* are not annoyed, but instead buy. Please let me illustrate by analogy.

    Imagine a freeway, where every ten minutes, you go through a toll booth, where they stop you, tell you you smell bad or have ring-around-the-collar, and ask: "would you like to buy some deodorant? Soap? Your teeth are yellow too. We have whiteners."

    For some strange reason, this is drives people away from the freeway, and toward private airplanes.

    At the heart of the RIAA and MPAA lobbying is the demand by the toll-booth industry that private airplanes be forced to land every ten minutes and go through the toll-booth. Those toll booths made good money, and the tool-booth industry has a right to it.

    From their point of view, people should have no right to bypass the toll booth, to bypass the insults to their cleanliness or beauty, to bypass the 'opportunity' to shell out some cash.

    It seems to me there are three business models working here: OTA (charging advertisers 100%), Cable / Satellite TV (charging customers 25%, charging advertisers 75%), and subscription services (Pay-per-view, iTunes, XM Radio) (charging customers 100%).

    For streaming media, only subscription services make long term financial sense to me.

    "Broadcast" means not knowing your audience. Anything that shifts the cost to advertisers to subsidize consumers to choose broadcasts has made the fundamental mistake of disconnecting the money paid (to advertise) from the results.

    It may work today, but (barring Congressional action) in twenty years it will appear as ignorant as junk faxes.

    --
    "The most sensible request of government we make is not, "Do something!" But "Quit it!"
    1. Re:Well, twenty years ago.... by Reaperducer · · Score: 2, Insightful

      Imagine a freeway, where every ten minutes, you go through a toll booth, where they stop you, tell you you smell bad or have ring-around-the-collar, and ask: "would you like to buy some deodorant? Soap? Your teeth are yellow too. We have whiteners."

      We already have this. They're called billboards.

      --
      -- I'm old enough to have lived through six different meanings of the word "hacker."
  38. Here are their names by mapkinase · · Score: 5, Interesting

    You can boycott the companies that are promoting those luddite acts or vote against Reps and Senators, that are on their payroll:

    "In an attempt to put an end to all that, Hollywood has drafted the Digital Transition Content Security Act, introduced as H.R. 4569 in December 2005 by Reps. F. James Sensenbrenner Jr. (R-Wis.) and John Conyers Jr. (D-Mich.). This legislation, better known as the Analog Hole Bill, would impose a design mandate on any "analog video input device that converts into digital form an analog video signal.""

    The RIAA is urging the FCC and Congress to impose design restrictions on any future HD Radio recorders to stave off a successful new mutation: a digital hard disk recorder that allows easy and flexible archiving of radio broadcasts. As similar devices have appeared for satellite radio, the recording industry has also begun pushing for legislation to restrict them, such as S. 2644, the Platform Equity and Remedies for Rights Holders in Music (PERFORM) Act of 2006, introduced by Sen. Diane Feinstein (D-Cal.).

    Hollywood lobbyists actually convinced the FCC to impose broadcast flag regulations in 2003, but a U.S. Court of Appeals found that the Commission lacked the authority to regulate the internal workings of televisions. Hollywood is now asking Congress to give the FCC that legal authority by passing the Audio Broadcast Flag Licensing Act of 2006, sponsored by Rep. Michael Ferguson (R-N.J.)."

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  39. The Police Bay by Spy+der+Mann · · Score: 2, Informative

    if you go to thepiratebay, you'll see that the title says "The Police Bay", and the front image has the hollywood letters being attacked by the pirate ship's cannon, YARRRRRrrrr :)

  40. What the DMCA is here for by v1 · · Score: 2

    about how whole classes of devices were eliminated, and how others won't even see the light of day as a result of the Digital Millennium Copyright Act.

    Ahh you just need to keep in mind that the whole goal of the DMCA is to enrichen the.. oh wait that's not it.

    encourage innovation. Ya that's it. Help make new technologies flourish, like um.. this one they're crushing now.

    --
    I work for the Department of Redundancy Department.
  41. Optimism by Morosoph · · Score: 4, Interesting
    I would say that the networks should really start looking into it -- in about 20 years all the politicians are going to be people who lived through the shutdown of napster, the lawsuits, and the general stupidity.
    I think that you're being a little optimistic. The difference between now and then is that norms will have shifted, and "intellectual property" will appear fundemental. Ordinary people already fail to understand the arguments.
  42. Re:Media company's own greed spawned the devices by frdmfghtr · · Score: 3, Insightful
    Now, with greed driving them to 10-12 commercials and breaks every 10 minutes, people have said enough.


    Agreed...I'm one of them. I'm this close --> -- to canceling my cable TV subscription because (a) I don't watch it enough to make it worthwhile and (b) I pay for erxtra channels, and yet they have commercials. Wasn't the idea behind paid content (like cable) that you paid for the channels thus no commericals? Now I'm paying for commercials. Am I missing something or has cable TV slowly evolved into a type of commercial TV that gets revenue from ads AND paid subscriptions?
    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  43. Stop feeding the vampires by Anonymous Coward · · Score: 2, Informative
    If you stop feeding them they die off and go away.

    You don't want your future to be full of crippleware and DRM implants that doesn't let you blink durng comercials then don't buy into those products.

    People are nuts for ipods, but for a few bucks less they can buy a very nice PDA that does everything an ipod does and a whole lot more, include not getting easily scratched.

    Stop buying crippleware that locks you out of 90% of what the technology is capable of. Don't buy Sony or Disney DVD's since both have figured out how to defeat DVD ripping software.

    Don't buy online music from the majors unless it is DRM free.

    Certainly don't buy into the happy horse shit that is HD-DVD and Blue-ray and send a message that the consumers don't want to be jerked around along with the bastard children that CDR and DVDR media turned out to be. How many formats are there now and how often do you have compatability problems with various players and recorders.

    Do rent movies instead of buying them. Quit giving them the extra $16, or aleast trade them around to others. How many times are you really going to watch most movies.
    Do buy extra harddrives and rip all your DVD's to them with all the command locked comercials, legal threats, extras (crap) removed
    Do insist on companies releasing acurate game demos before you buy and non-restrictive/invasive online activation schemes
    Do insist that your hardware belong to you and be general so it can be used to do about anything.

  44. Theft? by Zaatxe · · Score: 2, Interesting

    So, turning off your TV set during the ads is theft as well?
    What about closing your eyes and covering your ears during the ads? Can I be called a thief for that?

    And isn't theft (agains us this time) to put ads in 50% of cable TV time, which we are already paying for?!?!?

    Thanks for the audience. I'll be here all the week. Don't forget to tip your waitress.

    --
    So say we all