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Is DRM Intrinsically Distasteful?

jelton writes "If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme? Especially if it meant a wealth of readily available compatible devices? In other words, if you object to DRM schemes, is your objection based on principled or practical concerns?"

631 comments

  1. Both. by fyngyrz · · Score: 5, Interesting

    Sure, I support the ability to use DRM. That should be the artist's choice. But not a blanket enforcement of it. Why? Because there are some people who make audio productions who do not charge and do not restrict distribution. As long as that is still possible, and those people don't have to pay some arbitrary group for a "license" or other enabling mechanism to distribute their "stuff" for free, I'd be all for it.

    But... our history is that once we close the doors, we lock people out based upon income or other arbitrary factors that really have no bearing on the subject at hand, except perhaps as prejudice or a money-making scheme. Radio station licenses are a racket. Product bar codes are a racket. Liquor licenses are a racket. Marriage licenses are a racket. The whole "top-40" thing is a racket. The list is long and depressing. My expectation is that if a DRM scheme is settled upon, the only model supported will be commercial and involve money and/or equipment that the little guy just won't be able to afford. Cynical? You bet. But based on past performance.

    We've seen this begin to happen already. Vista will degrade audio that is "unsigned", meaning, created or put in place by software that hasn't got some kind of deal going with Microsoft. This is bad on every level — models like this only hurt the little person.

    We're better off without DRM, I'm afraid, because the proponents of it are uniformly commercial, as are their goals... but the world is not.

    --
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    1. Re:Both. by Abcd1234 · · Score: 5, Insightful

      Sure, I support the ability to use DRM.

      See, and I don't. Why? Well, first off, DRM allows for what amounts to unbound copyrights. After all, if I can't read, copy, edit, or redistribute a public-domain work, what use is it to me? Copyright is supposed to be a *bounded* contract between the copyright holder and society. DRM is just an attempt at an end-run around the rules.

      Secondly, I demand my right to shift materials that I've rightfully purchased onto other media. For example, I have a MythTV installation. On it, I have my entire music collection, not to mention a mass of recorded video, and eventually I plan to have my DVD collection ripped as well. DRM means I can no longer do any of these things, which restricts my ability to enjoy the content I've purchased.

      So no, I don't believe in DRM. Do I believe that artists should be compensated for their work? Absolutely. They put in significant effort creating the media I enjoy. But I don't like being treated like a criminal in my own home, and I don't like the artists wiggling out of their part of the copyright bargain.

    2. Re:Both. by garcia · · Score: 1

      Sure, I support the ability to use DRM. That should be the artist's choice.

      Exactly. Microsoft should not be putting this shit into their OS. It's the *artist's* responsibility to protect his work. It's not up to the OS to do it for him. If they artist chooses a method that doesn't work well with whatever is out there, that's his fault for trying to eliminate fair use.

      Let the free market decide how to deal with copyright. It's already been shown that we don't want it.

    3. Re:Both. by PFI_Optix · · Score: 3, Insightful

      first off, DRM allows for what amounts to unbound copyrights.

      This is a failure of current DRM schemes, not DRM in general. It would be easy enough to design DRM so that the DRM no longer applies after a certain date.

      first off, DRM allows for what amounts to unbound copyrights.

      Again, this could be done with DRM, though it would require a much more robust and flexible system than will exist any time soon.

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    4. Re:Both. by Thansal · · Score: 1

      This is a hypothetical situation.

      This mythical DRM we are talking about would do none of those things.

      Once a work is public domain the DRM would obviously stop restricting "illegal copies" as there would no longer BE any illegal copies (all are now legal).

      Also, this DRM lets you media/time shift, after all, there is nothing illegal about those.

      So, would you still object?

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    5. Re:Both. by PFI_Optix · · Score: 1

      I'm sorry, I must have missed the part where a Microsoft OS wouldn't play DRM-free music.

      As I understand it, MS included DRM support in Vista but doesn't force the use of it.

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    6. Re:Both. by avalys · · Score: 2, Insightful

      Let the free market decide how to deal with copyright. It's already been shown that we don't want it.

      LOL. That's exactly what's happening, except you're only one half of the free market, buddy. The people selling the music have made the opposite decision.

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      This space intentionally left blank.
    7. Re:Both. by Abcd1234 · · Score: 4, Insightful

      So, would you still object?

      If the system gave me full freedom to do what I wanted with the media (including play it back on systems I've built, such as my MythTV box), with the exception of distributing illegal copies, and the protection expired after the copyright ran out, I would have no problems with it.

      Problem is, such a system is most probably impossible to build. Without full control of the hardware from soup to nuts, there's no way to plug the analog hole, and without that, there's always a way to distribute the material (unless you can come up with a watermarking scheme that's unbreakable). This is, of course, why HDCP was invented...

    8. Re:Both. by Thansal · · Score: 1

      yup, basicly my point as well.

      It is a great idea, no reason not to let them protect their stuff.

      However the only actual way of doing so would be even more intrusive then current DRM (atleast that can generaly be cracked with little or no problem).

      So far only one person thinks perfect DRM (aka it only stops illegal uses) is bad, and I fully admit to not get wth he is talking about.

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    9. Re:Both. by LordSkippy · · Score: 1

      It would be easy enough to design DRM so that the DRM no longer applies after a certain date.

      So, all I need to do is set the clock on the player to a future date, and then I can do whatever I want to the "protected" media.

      What's that you say? Fix it so the player needs to have an Internet connection to get the time from a "trusted" server? Well, there goes the ability to set/correct the date on a device you own, and, more than likely, the ability to use the media if the player can't talk to the Internet. Even then, you just need to set up a DNS server the directs it to a time server of your own to get around that DRM. And if it's a proprietary service that doesn't use open standards to set the time? Don't worry, someone will reverse engineer that protocol too.

      That's why it is a failure of DRM in general. Anything you can do to protect something, someone else can undo. And it's often easy to destroy than build.

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    10. Re:Both. by DragonMageWTF · · Score: 1
      I'm sure as most times I've missed the boat on this, but what are you referencing when you say that:

      Vista will degrade audio that is "unsigned", meaning, created or put in place by software that hasn't got some kind of deal going with Microsoft.
    11. Re:Both. by DragonMageWTF · · Score: 1

      Didn't find this the first couple passes of digging around, but I believe you were indicating this content: http://www.cs.auckland.ac.nz/~pgut001/pubs/vista_c ost.txt - from - http://channel9.msdn.com/ShowPost.aspx?PostID=2689 97

    12. Re:Both. by chris_eineke · · Score: 1
      I support the ability to use DRM.

      Does having liberty and acknowledging the other person's liberty mean to allow him to take away yours?
      --
      "All you have to do is be fragile and grateful. So stay the underdog." Chuck Palahniuk, Choke
    13. Re:Both. by hufter · · Score: 2, Interesting

      There has been several attemps to "DRM" media, all of them have failed. There is no indicaion that future DRM:s would work. They have only made legal fair use of the product more difficult. This will keep going on and the only ones that will benefit is the companies that sell DRM software and chips. The industry loses, the customers lose, the middle hand selling solutioons they cannot produce - wins.

    14. Re:Both. by BillyBlaze · · Score: 5, Interesting

      It is actually a practical impossibility to design such a DRM scheme. If I were to give you a 5 1/2" floppy right now, could you extract the data? Probably half of us could not, even if allowed hours to root through our attic for dusty old equipment. But with floppies, we have the advantage of knowing the format, and we're not at the mercy of some long-defunct website to give us decryption keys.

      Copyright protection currently lasts so long that if content were to survive until it enters the public domain, it would need to be format-shifted ten or fifteen times. But the whole point of DRM is to preclude format-shifting, since that's indistinguishable from illegal copying. Tell you what: in 70+(life of author)+(RIAA campaign donations/$100M) years, if you can successfully and legally give me a copy of some 2007-vintage DRM-encumbered music, I'll eat my hat.

    15. Re:Both. by radarjd · · Score: 1
      Let the free market decide how to deal with copyright.

      Apple has sold around 2 billion songs (see http://www.cnn.com/2007/TECH/ptech/01/09/apple.mac world.ap/index.html) at this point, which would suggest the free market is supporting DRM.

    16. Re:Both. by packeteer · · Score: 1

      If the remote server is suposed to unlock the media after 100 years then that just leaves 100 years to reverse engineer the system. Im pretty sure no security in the world can last 100 years.

      --
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    17. Re:Both. by BillyBlaze · · Score: 1

      Well actually, we are the entire music market, and we have decided we don't want DRM. The only reason that's irrelevant is because DRM is not being sold to us by the music industry, it's being sold to the music industry by the computer industry.

    18. Re:Both. by amRadioHed · · Score: 1

      Add me to your list. I think perfect DRM is bad.

      The reason being that what you can legally do with your media is subject to what corporations can get away with as well as the whims of clueless/craven politicians. What if someone makes a law that revokes your right to read or listen to any material that opposes government viewpoints? Sorry, I'm afraid your rights to the new $ESTEEMED_MUCKRAKER eBook you bought just expired.

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    19. Re:Both. by NSIM · · Score: 1
      Secondly, I demand my right to shift materials that I've rightfully purchased onto other media. For example, I have a MythTV installation. On it, I have my entire music collection, not to mention a mass of recorded video, and eventually I plan to have my DVD collection ripped as well. DRM means I can no longer do any of these things, which restricts my ability to enjoy the content I've purchased.

      You missed the point of the original premise which clearly stated

      "a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying)"

      Personally I would find it hard to argue against a DRM scheme that did not restrict my ability to use content in whatever way I liked so long as I didn't copy it for others to consume. Unfortunately I find it hard to imagine an enforceable DRM scheme that could tell the difference between me converting the content to whatever form I like for myself vs giving the new copy to someone else. So for now, I'm not holding my breath waiting for this.

    20. Re:Both. by Andy+Dodd · · Score: 1

      I think, by the definition of this mythical "perfect DRM", then it would no longer be "perfect DRM" in this case.

      Yet another reason why acceptable "perfect DRM" will never happen.

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    21. Re:Both. by lupis42 · · Score: 2, Insightful

      Yes. I bout my copy of *media* and I shouldn't be beholden to to any technological system, no matter how perfect, in that pursuit. It's a simple question, really: do we allow others to enforce their rights using methods above and beyond those provided by the system/society that everyone not in a state of rebellion accepts? DRM is a tool used by copyright holders to enforce their copyright. If we accept that as appropriate, then we imply that all sorts of other rights, that normally need to be enforced in a civil court, should be enforceable directly by the rights holders. If we need DRM, than copyrights have failed.

    22. Re:Both. by Abcd1234 · · Score: 1

      Aha, yeah, I fully admit I missed that part. Although, I believe my comments regarding copyright lifetime are still very much relevant.

    23. Re:Both. by autocracy · · Score: 1

      Exhibit A) Zune

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      SIG: HUP
    24. Re:Both. by Thansal · · Score: 1

      By your reasoning we should also not use locks and other theft deterents, after all it is the Executive and then Judical branches of the govn't that are supposed to take care of enforcing laws.
      I should also not be alowed to defend my self if I am attacked (Again, police).
      Nor should I encrypt the files that I store online, or any of my files for that matter.
      Also, if some deadbeat does not pay his medical bills then collection agencies should not be used, instead they should o directly to the courts.
      Heck, you are basicly saying that what the **AA are doing is RIGHT! They shouldn't use DRM, they should just sue anyone that violates the copyrights.

      If I am missing your point, please explain it again.

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    25. Re:Both. by maddogsparky · · Score: 2, Insightful

      "In other words, if you object to DRM schemes, is your objection based on principled or practical concerns?"

      This reminds me of the hacking/cracking debate in my ethics class. On one side, there isn't anything inherently wrong with a person hacking into a computer to look around, as long as they don't cause any harm within the computer or use the knowledge to cause harm in the real world (e.g. using secret information to buy stock may change the stock price and hurt a buyer or seller who doesn't have that info). On the other side, hacking/cracking is always wrong because, in practice, a hacker has no way to ensure that their actions will not cause any harm (e.g. they may cause a system slow-down, crash, release of proprietary info, etc.).

      In a similar fashion, there is no way to implement DRM that is guaranteed to allow a licensed user to use a copyrighted work without hindering them and at the same time prevent unlicensed usage of the work short of a massive privacy invasion of the user. In this case, it is impossible for a "principled" DRM to even exist, so the question is moot.

      --
      science is a religion
    26. Re:Both. by fyngyrz · · Score: 1

      Does having liberty and acknowledging the other person's liberty mean to allow him to take away yours?

      You are, I think (correct me if I'm wrong, you weren't very specific) saying that "my" liberty is the liberty do... something... with some intellectual creation of yours.

      Let me make a few general observations about intellectual productions and copyright:

      I wasn't there when copyright was crafted and made into law. I wasn't represented, my input was not sought, and in fact, I do not agree with certain of the precepts that underlie the idea. To the extent that copyright affects me, it is a matter of coercion - use of force and the threat of violence to make me comply with ideas I don't agree with. So my liberty, such as it is, suffers questionable aegis at the very least.

      Intellectual productions, initially, are 100% under the creator's control. Specifically, I can create something, be it song, poetry, physical concept and so forth, and simply decide not to say a word to anyone. At conception, then, this "property", to use the vernacular, is 100% mine and society and its individual citizens have zero ability to get it out of me. They don't even know I have done this thing, whatever it is.

      Copyright is that act of society that says that as soon as you wish to expose your idea to us, we will give you X, and take Y. If, that is, you follow these certain procedures. Otherwise, we'll just take Y, period.

      I maintain that as the idea was the creator's in the first place, it is not ethically reasonable to then say that it becomes everyone else's because some people who specifically do not represent the creator said so. This is my basis for saying that it should be the artist, or creator's, choice as to whether DRM is part of the production.

      So in the end, if I wish to sell a production - let's say it is a song, since I am in fact a musician - that "expires" in 30 days to you, it seems to me that there are a few basics to follow that ensures this process is fair, ethically speaking, meaning actually fair, as opposed to "legislatively" fair: First, I have to be honest and up front with you: This thing will work for thirty days, after which it will not work. I want $Q in order to provide you with my expiring work. You, in turn, have to think about this, and say to yourself, "Is the thirty days of use commensurate, or better, with the value of $Q to me? If the answer is yes, and it is otherwise convenient and interesting to you, then perhaps you will elect to purchase said commodity — and as far as I can see, this transaction is just as legitimate as the one where the creator says, for $Q, I will sell you this thing which offers unlimited use, etc. As long as both parties understand what it is they are exchanging.

      I do not support the idea that because I came up with an idea or a product, that you cannot go ahead and come up with it on your own. In other words, most of the patent system is anathema to me. Copyright isn't a whole lot better; though at least people considered parody and quoting for the purpose of review, commentary and so forth.

      So, to the extent that DRM is applied without the artist or creator's consent, I don't support it. To the extent that the artist or creator gets to decide exactly what it is they wish to sell (or give away, for that matter), I do support it. Because I don't support the idea that I get to define what it is you are allowed to present for sale or consumption otherwise. I have a creator-centric view of value and distribution choices and mechanisms. The consumer always has the option to "vote with their wallet", that is, not support the creator in their approach, which in turn will at least not recompense the creator for an idea that won't "fit" with society, and may even cause them to revamp their ideas to something that does fit better. These pressures are brought about by choices on both sides, rather than coercion appli

      --
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    27. Re:Both. by FLEB · · Score: 2, Interesting

      I think it'll end up like kind of a sawtooth wave-- Copy-protection mechanisms continuously one-up until the entire industry becomes so clogged with schemes that consumers get tired of it, and the industry realizes they can generate more profit with "trust" than "trusted", so "DRM Free!" becomes a positive label... until a piracy industry starts up, and they have to add some copy-protection, then a bit more...

      I might be mistaken, but isn't that kind of a theme that's been played out with disk copy protection in the past? There seem to be eras of relative openness and locked-downness.

      --
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    28. Re:Both. by Marillion · · Score: 2, Insightful

      I think you missed the nuance of the original question. If a DRM system can be created that can magically recognise the moment your use of digital content goes from legal to illegal, would you still object to DRM.

      Most of us hate DRM because no one has come up with that utopian DRM system.

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    29. Re:Both. by Artifakt · · Score: 4, Insightful

      This is a hypothetical situation.

      This mythical DRM we are talking about would do none of those things.


      This becomes an arguement like "Can God make a rock so heavy He can't lift it."
      There appear to be huge logical paradoxes in the idea that DRM that doesn't have the negative consequences real DRM has can exist. The whole question is equivalent to "Would you still oppose the death penalty if we could revive the criminal in the case of mistakes?". That's fundamentally not what the word Death means. Your mythical DRM is like a four sided triangle or simmilarly impossible concept.

      Now DRM is fundamentally a legal issue. The original poster doubtless didn't mean to, but has just abused people, in the exact same way as putting someone on the witness stand and asking "Have you stopped beating your wife yet? please answer with a simple yes or no." is abusive. Your followthrough on this point is also personal abuse of the parent poster. Who the hell do you think you are that you have some special right to expect a logically defensable answer to a nonsensical question? I'm sure that, whatever the parent answered, you would be glad to pick logical holes in it, but you, not the parent poster, are the one putting those holes into the logical arguement. My answer to your question is, "I do not answer illogical questions from crazy-talking people who obviously want to pick a fight, and you are being a bully". (and yes, you are).

              So, would you burn down an orphanage filled with cute toddlers if things were different enough that that wasn't a bad thing? Please answer quickly, so I can quote back just the part that lets me win an arguement with you and make you look bad.

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    30. Re:Both. by croddy · · Score: 2, Insightful
      It would be easy enough to design DRM so that the DRM no longer applies after a certain date.

      This is an assertion made frequently by those who don't object to DRM en toto, and it is founded on an assumption that the content that has been restricted can eventually be liberated using the software tools that were initially published to control access to it.

      From a preservation standpoint, the encryption of content for mass distribution is always an unsavory outcome. What we should have learned from the silent film era is that lots of copies keep stuff safe, and when you only have a few durable copies around, parts of our cultural heritage tend to disappear rapidly from the historical and archaeological record.

      If there is to be any hope for the cultural output of our generation to be available to the historians, students, or anyone else, we need to ensure that the copies we are making are not worthless blobs of random noise. It's going to be hard enough to read the digitally stored works of our time using the hardware tools of the future. We should not erect a series of worthless software roadblocks which will only make preserving those works even more difficult.

      The prospect of some media conglomerate making a few million more dollars today is not a compelling reason to discard the cultural artifacts of our generation from the historical record. We need as many plaintext copies around as possible, and we need to hope that enough of them survive.

    31. Re:Both. by lupis42 · · Score: 1

      The problem with full legitimate usage is that it's so difficult to define. If the DRM scheme allows every usage that you, today, think is legitimate than there are thousands of people who might desire greater rights than you, but are feeling enforced, and dozens of content owners who would complain that you have far too many rights. Not to mention that, sometime in the future, there might be a right that nobody considered when the DRM was created, that the DRM might disagree with everyone else about the legitimacy of. If you accept DRM, you accept a freezing of the concept of legitimate use, and you sacrifice some of your right to have that concept decided in the courts.

    32. Re:Both. by Irish_Samurai · · Score: 1

      That's not DRM, that's censorship. Way to confuse the issue.

    33. Re:Both. by PFI_Optix · · Score: 1

      Your exhibit is not an OS. Also, I've never heard of it having a problem with non-DRM music.

      If we're going to blame anyone for DRM on media players, it's Apple.

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    34. Re:Both. by AuMatar · · Score: 0, Troll

      Add me. Ignoring the technical impossibility- copyrights are immoral. Culture- songs, music, movies, literature, etc- belongs to society, and more importantly to its people. Any effort to stop people from accessing culture is just wrong.

      --
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    35. Re:Both. by Irish_Samurai · · Score: 1

      Exhibit b) Not an OS.

    36. Re:Both. by Anonymous Coward · · Score: 2, Informative

      If I were to give you a 5 1/2" floppy right now, could you extract the data?
      Probably half of us could not, even if allowed hours to root through our attic for dusty old equipment.

      5 1/4", yes, 3 1/2", yes.
      Both drives are still mounted, and yes, they both work.

      However... 5 1/2".... I am not really sure what that is.... You sure 50% of us are supposed to have that?

    37. Re:Both. by honkycat · · Score: 1
      On one side, there isn't anything inherently wrong with a person hacking into a computer to look around, as long as they don't cause any harm within the computer or use the knowledge to cause harm in the real world (e.g. using secret information to buy stock may change the stock price and hurt a buyer or seller who doesn't have that info). On the other side, hacking/cracking is always wrong because, in practice, a hacker has no way to ensure that their actions will not cause any harm (e.g. they may cause a system slow-down, crash, release of proprietary info, etc.).
      There's another reason that even "harmlessly" hacking a machine is wrong. Namely, the system administrator has no way to know what a hacker's intentions or actions were. If they detect the intrusion, they must expend effort to determine whether anything was compromised, whether any damage was done, whether the system was infected, etc. It is wrong to impose this burden on someone without permission, even if you are so good that you can guarantee you do no other harm.
    38. Re:Both. by autocracy · · Score: 1

      Zune has an operating system just like any modern cell phone does, or Apple's iPod. Apple may be the "lead" of DRM for media players, but the Zune is what adds DRM to all music. Therefore, as playing music is an intricate part of the operation of the Zune, and Microsoft designed the OS for it, I contend my argument to be valid.

      --
      SIG: HUP
    39. Re:Both. by jZnat · · Score: 1

      I'd assume that AllofMP3 has sold far more than 2 billion songs by now, so there's your free market at work.

      --
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    40. Re:Both. by AusIV · · Score: 1
      Secondly, I demand my right to shift materials that I've rightfully purchased onto other media. For example, I have a MythTV installation. On it, I have my entire music collection, not to mention a mass of recorded video, and eventually I plan to have my DVD collection ripped as well. DRM means I can no longer do any of these things, which restricts my ability to enjoy the content I've purchased.
      The article asked "If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?" If such a scheme existed, you could still do everything you mention. I agree that current DRM schemes are annoying in that they restrict your usage of products you've paid for, but if all DRM did were enforce the law, I'd hardly say that's being treated like a criminal.

      That said, I'm not so naive that I expect such a DRM scheme to ever exist, I'm simply saying that if it did, I wouldn't object to it.

    41. Re:Both. by greg1104 · · Score: 5, Funny

      If I were to give you a 5 1/2" floppy right now, could you extract the data?

      Depends on whether the media was still readable after I trimmed 1/4" off to fit it in a 5 1/4" floppy drive.

    42. Re:Both. by Maxo-Texas · · Score: 1

      I support the right of anyone to speak, sing, write and paint in the fashion they desire-- and so clearly that includes the ability to do that in any language or format of their choice. Some might be in french or chinese-- or a dead language - or an encrypted language.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    43. Re:Both. by CohibaVancouver · · Score: 1
      >copyrights are immoral

      Without copyright, how does an artist put bread on the table? How do we expect them to pay the rent?

    44. Re:Both. by radarjd · · Score: 1
      I'd assume that AllofMP3 has sold far more than 2 billion songs by now, so there's your free market at work.

      I tried to find a number for downloads for AllofMP3, as I agree that has some importance in the discussion. However, allofmp3's prices are something around a tenth of the price for the same track on iTunes at comparative quality. I would argue that your general mass-market consumers consider price foremost, and DRM somewhere way down the list.

      As a thought-experiment, consider the scenario where a site has more restrictive DRM than Apple, but has the prices of allofmp3. I would guess that site would be far, far more popular than apple.

    45. Re:Both. by Anonymous Coward · · Score: 0

      To make any DRM scheme work requires that you MANDATE the software allowed to access it -- and that certification must be maintained, and worst of all, that control starts at the hardware level, moves into the BIOS and the kernel and up to the media player (for music/video). If you extend your DRM into other documents, the "trust" of code extends into other applications.

      This is why DRM systems are bad... they require a level of control that is completely odious.

    46. Re:Both. by Anonymous Coward · · Score: 0

      So what up with that? If I write my own audio editing/mixing program, and use that to create say a wav or mp3 or ogg file, Windows Vista won't let me play it at full quality? That is bulls***. Here's hoping XP will be supported for many many years to come, if this is true, I can honestly say I will never EVER buy it. I understand that Windows is closed source, and as such I can't modify the operating system as I want. However, when the operating system itself takes it upon itself to interfere with what I'm trying to do, that's no longer a usable product to me.

      While I'm also against this HDCP downgrading of signals simply because my monitor isn't compliant, I would hope that I can still create HD movies myself at full resolution and play them. In other words, I'd like to see that any downgrading or downsampling of audio/video be done because there's information encoded in it, such as a copyright flag or whatnot, rather than not being signed by a Microsoft supported program. That way, I have the option to not use any of this DRM by not purchasing anything including it. I was disheartened when the internet became as commercial as it now is, with popups and spam mail, malware and viruses. It is my true wish that music and video files don't follow on the same path.

    47. Re:Both. by Anonymous Coward · · Score: 1, Insightful

      > See, and I don't. Why? Well, first off, DRM allows for what amounts to unbound copyrights. After all, if I can't read, copy, edit, or redistribute a public-domain work, what use is it to me? Copyright is
      > supposed to be a *bounded* contract between the copyright holder and society. DRM is just an attempt at an end-run around the rules.

      yeah, but isn't that like saying that laws are a contract between people in their houses and criminals trying to break-in? We don't trust the laws to prevent criminals from breaking into our houses, do we? no, we put a lock on the door. DRM is the lock. Now as long as they give me control of my lock, then I have no problem.

    48. Re:Both. by lupis42 · · Score: 1

      First of all, I make a distinction between civil and criminal matters. Copyright is a civil matter, so I consider it to be one where the need to prevent violations carries a lot less weight, because there is a lot less widespread agreement as to exactly what those rights even entail. All that is, however, in a sense secondary to my point, which is that allowing DRM that (more or less by definition allows some uses and restricts others) removes the prospect of debate as to whether those uses should be allowed. In a courtroom setting, one can claim the fair use defense, whereas DRM simply allows a use, or not. (This works both ways, if the DRM allows a newly discovered use, the company making it is SOL, whereas in a courtroom, they could make a reasonable case that that use should not be considered fair) Contrast that with, say, breaking and entering, or assault, where the rights of the parties are, in theory, much more clearly defined in law. As for collections agencies, I'm of two minds about their acceptability. After all, they basically just buy debts, and make phone calls trying to collect. I am, however, opposed in principle to the way credit ratings currently work, because, again, there is little room for independently arbitrated disputation. As to thinking that **AA is right, for going around suing people, I would say that should be, under the current (broadly accepted) concept of copyright, their only option. I think, however, that there are more problems with that conception of copyright than just DRM. But if the choice is between lawsuits and DRM, well, in a courtroom I can say "you have no proof that I copied it, even if I did copy it, you have no evidence that it wasn't fair use, and furthermore, your lawyers threatened me in an attempt to extort money from me." Against DRM, all I can say is "@#$@#$@# POS won't let me rip this movie to my laptop to watch with my wife on the plane. I bought the #@$@# thing, why can't I take it with me?" and if the swearing doesn't work, I have to circumvent the DRM.

    49. Re:Both. by paeanblack · · Score: 1

      Without copyright, how does an artist put bread on the table? How do we expect them to pay the rent?

      Live performance, commissioned work, patronage, SPP, etc, etc. There are plenty of alternatives.

    50. Re:Both. by morgan_greywolf · · Score: 1
      70+(life of author)+(RIAA campaign donations/$100M) years


      No, no, no.

      The proper equation is 70+(life of author)+((Disney campaign donations/$100M)-number of years it takes for everyone to forget Mickey Mouse) years

    51. Re:Both. by xero314 · · Score: 1
      Well, first off, DRM allows for what amounts to unbound copyrights.
      How is it that DRM (not the DMCA) has any more effect on a persons copyright than using media that is intrinsically difficult to copy? It sounds as if supports of DRM would have us force sculptors to supply the buyer with a CAD diagram for any sculptor they sell, or authors to include digital versions in every book they produce, so that copying and reproduction will be easy. DRM does not stop someone from making copies, only that it makes it more difficult and therefor less profitable for people to illegally copy and distribute the material. No where in copyright law does it say that your ability to copy has to be easy, or at the highest quality. As of yet I have not seen a form of DRM that stops a person from copying music through the analog output that is passed to there receiver, amplifier or speakers.

      Honestly none of this would even been an issue if it were not for the ability to reproduce digital media cheaply and quickly. 100 years ago no one ever said, Hey I really want to copy the pattern of the inside of this 2 ton statue but the sculptor made it very difficult to get inside and should not have had the right to do so.
      Secondly, I demand my right to shift materials that I've rightfully purchased onto other media.
      Keep demanding it and you may lose that right completely. There is nothing to stop media producers from changing their form of distribution so that their media is no longer sold, but rather licensed. You can even see this trend already happening in the automobile sales market, as leasing is quickly become the only viable option for automobile purchases. Keep fighting the current copyright protection schemes and you might find your self licensing your next audio purchase (possible with the producers right to cancel the license at any time without notice) and not actually owning it (which I believe how most download services work).
    52. Re:Both. by aardvarkjoe · · Score: 1
      Vista will degrade audio that is "unsigned", meaning, created or put in place by software that hasn't got some kind of deal going with Microsoft.
      It's kind of interesting how this assertion, which as far as I can tell is based on an unsourced Slashdot journal rumor from only a couple weeks ago, is now quoted as if it's gospel truth. (Here; notice that the link in that entry is to another slashdot story that says nothing of this sort, but apparently kdawson didn't bother to read it first.)
      --

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

      How is it confusing the issue? DRM is about taking control of what you can read or listen to out of your hands. His mythical DRM system "only stops illegal uses". Yes, what I'm talking about is censorship, and yes it is a legitimate risk with the DRM system as conceived by the OP.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    54. Re:Both. by foobsr · · Score: 1

      ... and when you only have a few durable copies around, parts of our cultural heritage tend to disappear rapidly from the historical and archaeological record.

      Once upon a time, cultur(e|al) (heritage) was (established|defined) by originals. So maybe non-enduring DRMed copies do not establish culture - or - societies relying on DRM do not produce a sustainable culture - <insert a cadence of decadence here>.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    55. Re:Both. by amRadioHed · · Score: 1

      Nope, his perfect DRM "only stops illegal uses". It wouldn't be perfect by our standards of course, but that's because we disagree with the entities controlling the laws.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    56. Re:Both. by xero314 · · Score: 1
      Well actually, we are the entire music market
      Who is this "we" you speak of. I know numerous purchasers of music and not a damn one of them cares about DRM. The Majority of the people only want to be able to a) play the CD they bought in their CD player or b) play their iTunes purchase on their iPod (replace iTunes and iPod with what ever service and system you would like). DRM, so far, only effects a small portion of the populous in a way they actually take notice of. Pirates have to work harder to copy media, and a few geeks who have more than 5 MP3 players (though they really only use 1 or 2) are upset that their DRM'd downloads limit the number of copies they can make.

      And yes I do avoid purchasing CDs with DRM on them, but I am rare, and even with that I don't think there should be some regulation against it. Next thin you know banks will not be allowed to encrypt your account information because that makes it hard for you to copy (and no the two things are not all that different).
    57. Re:Both. by DavidTC · · Score: 0, Flamebait

      Really? What if the government sues the author that you want to read and they don't want you to, finds him in violation of some law, and fines him all his property, requiring him to sell the copyrights to the work to the highest bidder? Which the government makes sure is some rich crony of theirs who doesn't actually sell it to anyone, and, as the legal owner of the copyright, can make all the DRM players not play it anyone. (We're talking about mythological DRM that can magically follow 'the law', remember.)

      If that won't work, some extra-legal threats of their family should get them to stop distribution and lock up all existing copies.

      Or, easier still, find the original work a violation of copyright. Perhaps they were under a employment contract that said everything belonged to their employer. If they weren't, well, that's easy enough to forge.

      Copyright is censorship. It's the government preventing people from distributing information. It, in theory, only does so at the author's request, but don't assume there's no way around that.

      Implementing a vast system that could magically connect to the Library of Congress and check the status of the copyright of every single work, and decide if you were 'allowed' to view it is just asking for government censorship.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    58. Re:Both. by CohibaVancouver · · Score: 1
      Live performance, commissioned work, patronage, SPP, etc, etc. There are plenty of alternatives.

      Alright, here's one example: I like to listen to talking books in the car. If the author wasn't compensated he wouldn't be able to write more books. How can an author be compensated for talking books if there's no copyright? Who is going to 'commission' the next John Grisham or Stephen King?

    59. Re:Both. by DavidTC · · Score: 2, Insightful

      It's hard to see how even perfect DRM could know things. If I'm copying a part of a song into the background of a political commercial, and putting it on a public web server as a campaign ad, that's illegal without specific permission. If I'm copying a part of a song into the background of a video college presentation about the presentation of 80s music in popular culture, and putting it on an educational web server for others in college class, that is legal.

      Without psychic power's it's rather difficult to see how any software could find the differences in those things.

      This article is literally asking 'If you could be assured that the police would only arrest criminals and use their powers in a perfect way, would you still be opposed to not having the right to a trial by jury and requiring search warrants?'. Or perhaps 'If there was no such things as death, would you object to murder?'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    60. Re:Both. by croddy · · Score: 1

      Yes, and that's exactly why a lot of those one-copy originals are gone forever -- and no one will ever read them again. For example, an unfortunate number of them existed only in the Alexandria library.

    61. Re:Both. by Jherek+Carnelian · · Score: 1
      That's exactly what's happening, except you're only one half of the free market, buddy. The people selling the music have made the opposite decision.

      Anytime the state gets involved, the market is by definition no longer free.

      Right now the state is involved in two ways:

      1) Enforcement of the copyright monopoly.
      2) Enforcement of DRM effectiveness.

      If the state withdraws from those positions (and doesn't take any new ones), then we would have a free market worth talking about.
    62. Re:Both. by Fulcrum+of+Evil · · Score: 1

      This is a failure of current DRM schemes, not DRM in general. It would be easy enough to design DRM so that the DRM no longer applies after a certain date.

      And since there are no laws requiring this, why would they ever build it?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    63. Re:Both. by Abcd1234 · · Score: 1

      Why, the rich land owners and the aristocracy, of course. Well, assuming this was the year 1500 and not the year 2007...

    64. Re:Both. by Anonymous Coward · · Score: 0

      I have always said that only a lawyer could come up with DRM. Put another way, you have the right of fair use, but you don't have the right to exercise your right. And thus, the industry, and its' lawyers wiggle around the doctrine of fair use. See also: everyone is a pirate, if they don't pay per use.

    65. Re:Both. by Altrag · · Score: 1

      I believe you just described the basics of the copyright system! .. "As long as both parties understand what it is they are exchanging." ..
      Check. We both understand that under current copyright, and even DRM schemes, that the purchaser is exchanging some amount of money for limited usage of the product. The only question is exactly how limited, and thats something thats still being "negotiated" on a grand scale between the public (via "wallet voters", public interest groups, etc) and the producers (via RIAA, MPAA, etc). The government happens to be the mediator of these negotiations (although they seem to have a bad habit of following where the money leads rather than being completely unbiased, but thats another issue). DRM is just one argument in the negotiations. One that the the producers are pressing hard for, and one that the consumers are slowly pushing back against, but its still just a single argument brought to the table.
      And, if you don't happen to like the "deal" that public negotiations come out with, there's absolutely nothing stopping you from going to the IP owner and attempting to make your own deal. Sure its unlikely the RIAA will bother (as an individual most of us don't have the money or power to make a deal thats in their interest), but you might be able to do something like this with individual authors (providing they still own the rights to their works). "Fair use" as a concept is simply a point on the consumer side of the table, and certainly isn't intrinsic to copyright in general.

      Now you argue that copyright nullifies the author's ability to make a deal with you that benefits both yourself and the author. This is entirely incorrect. Copyright nullifies YOUR ability to use the author's work in a manner that the author doesn't agree upon. To use your 30 day expiry example, lets say that the "property" you agree to use for 30 days comes in the form of a poem printed on ordinary paper. In order for the agreement to be beneficial on both sides, the author must be able to deny you access to the poem after the 30 days are expired. Ethically you would be required to burn or tear up the paper after 30 days so that neither yourself nor anyone else could still access the "property". Unfortunately in our world, there are far too many people who are not ethical. They would keep the original, or make a copy unknown to the author even if the author required the physical paper to be returned (remember, the "property" is the words of the poem, NOT the dead tree). Not to mention if you have an exceptionally good memory, there's no way the author, or even yourself without some incredibly good memory repression skills, could prevent you from "using" his works after the 30 days even if you were being as ethical as you possibly could. This is the kind of trickiness that copyright attempts to deal with. And then there's the entire question of what "using" implies. Reciting only to yourself? To your friends? In public on a street corner?

      Copyright as it stands is a blanket restriction granted to the author at the time when he or she creates a work of art against unauthorized use. Copyright does NOT prevent the author from granting another party authorization to use the work. Patents follow the same ideal since you brought them up -- they grant a blanket restriction to an inventor against the unauthorized production of his invention, but does not prevent him from authorizing another party to produce the invention.

      The trouble with copyright (and patents) is the extent to which they are currently granted. Patents (particularly in the tech industry) are obsoleted by newer technology and newer patents years, even decades before they expire. Similarly with copyrights, artwork has passed beyond the public's eye and beyond most people's memories decades before they expire. Does Disney REALLY need to worry about someone pirating a 1914 Steamboat Willy silent animation? They certainly aren't going to be making much money off of it by now,

    66. Re:Both. by Rudd-O · · Score: 1

      Dude, asking that question is so wrong. In principle, there's no reason to think the author can't support itself just because his books don't go for money -- in the past plenty of authors managed to survive without copyright.

      Secondly, just because a book is free to be passed around doesn't mean that the book won't sell.

      Don't expect us to do your thinking. Start thinking about a solution yourself. Or even better, let the book authors concern themselves with their livelihoods -- it's simple economics.

      Read the book "Against intellectual monopoly" (itself a free download, google for it), then come back.

      --
      Rudd-O - http://rudd-o.com/
    67. Re:Both. by Rudd-O · · Score: 1

      You're missing his point by 100 miles. You use padlocks and other security devices to protect your PRIVATE PROPERTY. You're allowed to shoot people that attack you, if you're at home. You're entitled to the right to defend yourself and your private property.

      Culture is not private property. It's public, and copyright is only an incentive for society to create more.

      Sure, if you own a book, it's yours and, from that perspective, it's private property. Because you own that copy of the book.

      But the rules that regulate how the book is to be copied are NOT the same rules that protect private property.

      How you overlooked this simple and self-evident difference, is beyond me.

      --
      Rudd-O - http://rudd-o.com/
    68. Re:Both. by CohibaVancouver · · Score: 1
      In principle, there's no reason to think the author can't support itself just because his books don't go for money -- in the past plenty of authors managed to survive without copyright.

      My brother's an author - If his 'books don't go for money' he doesn't put food on the table.

      Read the book "Against intellectual monopoly"

      IMHO, IP *does* imply scarcity - If my brother spends a year writing a unique book, and you derive pleasure from reading it then you should compensate him.

    69. Re:Both. by Rudd-O · · Score: 1

      Exhibit C) A hardware device WITH AN OS.

      What you see on the screen of the Zune is powered by the OS it has inside. Its OS contains DRM and injects DRM into every file on the Zune. How much denser can you people get?

      --
      Rudd-O - http://rudd-o.com/
    70. Re:Both. by Rudd-O · · Score: 1

      "I maintain that as the idea was the creator's in the first place, it is not ethically reasonable to then say that it becomes everyone else's because some people who specifically do not represent the creator said so."

      Hahahahaaaaa... that's a convoluted way to say "my ideas are mine and I'm entitled to plunder them forever and ever, mbwahahha".

      And you're wrong. Copyright (for creative works) does NOT operate like property laws (for objects) and is not the same. Failure to recognize this elementary fact is what leads you down Absurdity Lane.

      Ideas aren't objects. They don't wear out, need spare parts, and there are plenty copies to go around. Ideas are naturally abundant, whereas objects are naturally scarce. That, alone, means ideas deserve a completely different treatment than objects. Namely, that unlike objects, there is no intrinsic moral "right to enjoy exclusively" an idea.

      Thus, you're wrong. If you don't want me using your idea, then shut the fuck up and don't ever express it.

      Interestingly, I'm not alone in my assessment. Both George Washington and Thomas Jefferson thought like I do. Actually, the very copyright laws around the world are NOT BASED on your point of view, but on Washington's and Jefferson's ideas. They were damn smart. But they could have never imagined DRM, which a direct assault on their foundational ideas about society.

      --
      Rudd-O - http://rudd-o.com/
    71. Re:Both. by Bogtha · · Score: 1

      Most of us hate DRM because no one has come up with that utopian DRM system.

      Most of us hate DRM becuase it's impossible to come up with that utopian DRM system.

      Here's the thing. Fair use is a pretty important part of copyright. But it's not defined rigidly. It depends on various things, and has to be judged by... you guessed it, a judge. This judge can use their years of experience, common law precedent and common sense to determine whether or not something falls under fair use.

      To invent a DRM system that is not overly broad requires invention of a perfect artificial intelligence. There is no way around this requirement.

      That is why most of us hate DRM. It necessarily requires infringement on fair use. Even in your make-believe what-ifs, it's impossible to come up with a satisfactory system.

      --
      Bogtha Bogtha Bogtha
    72. Re:Both. by Original+Replica · · Score: 1

      Yet another reason that "harmless" hacking is wrong. Just, slightly reframe the basic idea, would it be wrong for me to sneak into your house and just look around?

      --
      We are all just people.
    73. Re:Both. by Irish_Samurai · · Score: 1

      DRM is about taking control of what you can read or listen to out of your hands.

      No, DRM is about controlling the distribution of those material's delivery vehicle. I have yet to run across a paperback DRM scheme. Unfortunately this system has to function at the point of playback or copying instead of the point of transaction. Some DRM allows only a certain number of hops in an attempt to referee the transactions. What you can read or listen too is still intact, the method has been altered.

      DRM only makes the process of enforcing censorship easier on a logistical level, it's not censorship.

    74. Re:Both. by JebusIsLord · · Score: 1

      Because CDs are mastered so badly these days, I'd love to rip DVD-Audio discs (which are usually well-mastered, for marketting reasons) to my iPod. DRM prevents this, which irritates me.

      CD copy protection irritates me on an almost daily basis while I perform the above. Some discs I can't rip bit-perfectly because of the broken C2 information on recently-mangled discs. These ones are also very easy to scratch.

      Lots of DRM doesn't bother me (installation keys, licenses etc) since I don't steal software, and I'm convinced it could be mostly transparent if done right. But right now, most of it is super invasive.

      --
      Jeremy
    75. Re:Both. by gordgekko · · Score: 1

      No man but a blockhead ever wrote, except for money - Samuel Johnson

      --
      You want to know who isn't running Firefox 2.x? They spell it "definately" and "rediculous".
    76. Re:Both. by softweyr · · Score: 1
      I demand my right to shift materials that I've rightfully purchased onto other media... I have my entire music collection, not to mention a mass of recorded video

      Assuming you actually own the recording, I agree with, but that is often not the case. For instance, if you recorded a TV show off the air with your MythTV, you do not own the recording. Broadcast is intended to be a one-time "performance" and the broadcasters can and do reserve the right to sell recordings via other means.

      Sure, I use a DVR too, but if we're gonna use legal hair-splitting to justify doing away with DRM, let's be clear about what we're advocating. "Honest, officer, that bicycle was just laying there unlocked so I assumed it was OK to take it..."

    77. Re:Both. by Irish_Samurai · · Score: 1

      Really? What if the government sues the author that you want to read and they don't want you to, finds him in violation of some law, and fines him all his property, requiring him to sell the copyrights to the work to the highest bidder? Which the government makes sure is some rich crony of theirs who doesn't actually sell it to anyone, and, as the legal owner of the copyright, can make all the DRM players not play it anyone. (We're talking about mythological DRM that can magically follow 'the law', remember.)

      You're kidding, right? Do you see how far down your list of events DRM comes into play? Before that you had an overt government action, a financial power play conspiracy, and the activation of a DRM scheme that doesn't exist.

      If that won't work, some extra-legal threats of their family should get them to stop distribution and lock up all existing copies.

      RIAA tactics aren't censorship, they're shock and awe.

      Or, easier still, find the original work a violation of copyright. Perhaps they were under a employment contract that said everything belonged to their employer. If they weren't, well, that's easy enough to forge.

      For work contracts are a legitimate practice. You don't have to sign one.

      Forgeries of this document are a little harder to produce. Notarized? No. Well, um - have fun losing on that deal. Still a little paranoid to assume as the general practice.

      Copyright is censorship. It's the government preventing people from distributing information. It, in theory, only does so at the author's request, but don't assume there's no way around that.

      The government doesn't create or enforce DRM, private companies do. Don't confuse copyright issues with DRM. The government also isn't controlling the distribution of information - they are being asked to preside over cases where these companies have a grievance and pass a judgment.

      Implementing a vast system that could magically connect to the Library of Congress and check the status of the copyright of every single work, and decide if you were 'allowed' to view it is just asking for government censorship.

      There's that imaginary boogeyman DRM you mentioned last time. Will this DRM work on REAL books? Will it prevent a person from presenting the content in spoken format? If so, thats some kick ass DRM! In order to do what you speak of you would actually have to CENSOR the content. Your problem is with that - not the digital puppet that could be used to facilitate it.

    78. Re:Both. by SpecBear · · Score: 1

      The question is impressive the depth of its irrelevance.

      It's effectively asking "Would you object to a system of DRM that only hindered criminals?" Even if it were possible to build the DRM as proposed, honest people wouldn't notice it and dishonest people wouldn't be hindered by it.

      Such a system would be functionally identical to having no DRM at all, it would just cost a lot more.

      The question is nonsensical because the primary function of DRM is to keep honest people from enjoying content in ways that are perfectly legal but not approved by the copyright holder. Remember that the only people who got screwed by Sony's rootkit were Sony's paying customers. Only people who get "legitimate" copies of content will be affected by DRM. The people who are actually looking to copy content illegally can just go online and download DRM-free versions.

    79. Re:Both. by topical_surfactant · · Score: 2, Funny
      This is, of course, why HDCP was invented...

      In this case, I prefer the word "spawned" over "invented."

      ;-)
    80. Re:Both. by a.d.trick · · Score: 1

      Well, I don't.

      I'm a Free Software user and the goals of DRM and the goals of Free Software are fundamentally incompatible. In short, the only way I will ever be able to use your DRMed stuff unless someone goes to the effort to crack it (which, by the way, is against the law). So I will not, and can not, support the ability to use DRM.

    81. Re:Both. by cpt+kangarooski · · Score: 1

      If my brother spends a year writing a unique book, and you derive pleasure from reading it then you should compensate him.

      So if I spend a year landscaping my yard, and you derive pleasure from looking at it, should you compensate me? What if it increases property values in the entire neighborhood, and you're my neighbor?

      I would say no. The mere fact that something you do is valuable to someone else does not entitle you to be paid for it under the law or even morally.

      --
      -- 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.
    82. Re:Both. by cpt+kangarooski · · Score: 1

      I agree. I think that part of free speech means allowing people to use DRM if they want to.

      However, that doesn't mean I have to like it. And it doesn't mean I have to encourage it. So, for example, I think that if someone uses DRM, then they should not get a copyright for the DRMed work. This doesn't prohibit them from doing it, but it means that the government-provided incentive of copyright isn't given to them since we don't want to encourage the use of DRM.

      Also, allowing people to use DRM doesn't mean that we have to have laws that prohibit breaking it. So the law should support breaking DRM, and the Library of Congress and the Copyright Office should work to break DRM and make the now-unDRMed works (which would be public domain works per the previous paragraph) publicly available. At the least, they should help to coordinate and encourage DRM breaking efforts.

      None of this prohibits the use of DRM, but I would hope that if authors had to choose between publishing unencrypted works and getting copyrights, and publishing encrypted works and getting no copyrights, that they would find the former more attractive.

      --
      -- 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.
    83. Re:Both. by honkycat · · Score: 1

      Exactly.

    84. Re:Both. by chthonicdaemon · · Score: 1

      I think you are confusing your internal desire for the existance of a lottery where you could strike it rich using intectual property with the universal "rightness" of having such a thing. If every single work by every single creative person on earth was instantly and costlessly beamed to everyone else, people would still create. This is one of the fundamental human needs. If the system means that one cannot make a living from purely creative activity, these people will have to work a job that pays to sustain their creative endevours, just like me.

      The reality is that the vast majority of artists are not supported by their art and never will be, even if they are later seen to be the best of their time. Copyright (just like patents in this regard) is therefore more of a lottery than you may think. Like many people, you may think that the allure of riches is required to incent people to become the next Stephen King. I hope you are wrong, as there is no way to stop the system I described above from coming closer every day.

      Something to ponder as a final point: Do you truly believe that sales of copyrighted works are related to "quality" of these works? If they are not, one has to ask whether the finantial benefits of the copyright system are really increasing the quality of creative works or in fact diluting the 'quality' with a vast swarm of people who are financially motivated rather than artisticly.

      --
      Languages aren't inherently fast -- implementations are efficient
    85. Re:Both. by Anonymous Coward · · Score: 0

      wow... amazing how Vista FUD shows up almost everywhere on this site.

      There is no such thing as 'unsigned' audio. There are only signed and unsigned drivers, neither of which have anything specifically to do with the degredation aspects of Windows Audio.

      When audio files (i.e. WMA files) are licensed the content producer has the ability to determine how that audio is used. If the audio content producer decides that content is only available through a secure audio channel they have the option of letting Vista automagically downgrade the quality if the secure channel is not enabled. The secure channel is only enabled when trusted (or digitally signed) drivers are being used.

      Content producers are also capable of releasing full blown HD audio without any DRM restrictions in place should they choose to. In face based on your post, I'd say the DRM stuff in Vista is on par with how you think DRM should work.

    86. Re:Both. by Anonymous Coward · · Score: 0

      Bear in mind that while a 'new' work in 2007 will have nearly a century of protection, many older copyrighted works are already nearing the end of their protected period -- or were before the passage of the DMCA. That's the stuff that gives Disney the shivers. So yes, there is material being released with DRM that will enter public domain while it is still playable

    87. Re:Both. by mgiuca · · Score: 1
      We don't trust the laws to prevent criminals from breaking into our houses, do we? no, we put a lock on the door. DRM is the lock.
      If I buy a house from someone, I expect them to hand over the keys...
    88. Re:Both. by mgiuca · · Score: 1
      As of yet I have not seen a form of DRM that stops a person from copying music through the analog output that is passed to there receiver, amplifier or speakers.

      Get ready for DRM 2.0.

      Anyway, there is clearly a difference between a non-reproduceable work (a sculpture) and easily-reproduceable works which have had explicit bars placed on the reproduceability. One of the big issues is that in 70+(author's life)+(RIAA deals) years time, the statue, if properly looked-after, will still be available for people to enjoy, while digital media will no longer be readable and theoretically will never have been format-shifted.

      Keep fighting the current copyright protection schemes and you might find your self licensing your next audio purchase.

      Well that will suck, but be legal anyway. But you've pointed out a problem with DRM right here - we're being treated as if we're licensing media purchases, even though we're legally purchasing a product. I still haven't figured out quite how it is legal to prevent us from making our own personal copies of music which we own.

      I guess when you're as rich as the RIAA, anything you like can be made illegal.

    89. Re:Both. by Phil06 · · Score: 1

      A lot of people are already paying a buck a song and not fretting about full legitimate DRM (iTunes), so there's one value equation.
      The real question is: What price would you pay for a movie with extreme DRM that you could only watch once? What about 50 cents? 25 cents? If it only cost pocket change would you still wring your hands about how your "rights" had been infringed by not being able to keep a copy of it? With the right DRM/price, artists could still make a mint of money off their work and everyone would be happy.

      --
      "...and yet, I blame society" Duke - Repo Man
    90. Re:Both. by Grym · · Score: 1

      Once a work is public domain the DRM would obviously stop restricting "illegal copies" as there would no longer BE any illegal copies (all are now legal).

      Obviously. Because clearly the media distributors are going to spend their time making sure that it works out that way.

      So, would you still object?

      Yes. Even if this mythical DRM solution existed, yes, I would still object.

      The perfectionist side of me recoils at the sheer inelegance of modern DRM methods. Between the decryption, the authorization, and the dependency issues, it just seems like the entire process is an inconvenient, inefficient, and one-sided affair. And for what? What do I, as a consumer, get out of all this? A movie? A song? I could buy those things before! Furthermore, it simply doesn't make sense to me to encrypt and lock up a piece of art. Art is meant to be experienced, enjoyed, and--yes--copied. What's so hard to understand about that?

      The suspicious side of me wonders what they're up to. Even if your DRM scheme was dropped from the heavens perfect as baby Jesus, it is nevertheless is still a form of control. Why should they have that control over devices I've bought and paid for? Even if they aren't abusing it now, who's to say that won't in the future? Why should I expose myself (even it is only my music collection at risk) when I am getting nothing out of the deal in return?

      But most of all, I think the American (for lack of a better word) side of me hates the arbitrary restrictions of DRM. Rules for good reasons I respect. Rules out of tradition I can tolerate. But rules for no good reason I absolutely cannot stand, and, no, artificially propping up an ancient business model based on conditions that don't exist anymore is NOT a good reason. But more than that, it's the type of restriction that DRM imposes that's most grating of all. It's worse than being treated like a criminal, it's being treated like a child; as if I can't be trusted with the awesome and terrible power of my own tape deck. The very idea irks me. So, yes, I would still object to DRM, even as you describe it.

      -Grym

    91. Re:Both. by TeraCo · · Score: 1
      Without copyright, you don't have the Lord of the Rings movie. [1] You'd get a few thousand people seeing it, and then you'd be able to download your digitally perfect copy off the net (copied from a cinema disc) and host your own showings instead.

      [1] Or anything else worth more than a couple of thousand dollars.

      --
      Not Meta-modding due to apathy.
    92. Re:Both. by BillyBlaze · · Score: 1

      I would argue that those people haven't made an informed decision about whether they want DRM, they just don't care. Since they've (almost) never been offered legal downloads without DRM, we don't really know which they'd choose.

      I wouldn't want regulation prohibiting DRM. But I am strongly against the current laws that give them legal backing, which say breaking DRM is illegal even if you were allowed to make that copy. And I wouldn't be opposed to a law saying you can't have it both ways, that is, DRM or copyright, pick one.

    93. Re:Both. by fyngyrz · · Score: 1

      You have a reading comprehension problem, as well as a very poor communications style. If you would like to read for what I said, and respond to it, I'll engage in discussion with you. If you're going to be rude and/or erect straw-men, I won't. When you re-read, pay attention to my phrasing. I'm not saying what you think I'm saying, and that means you need to try harder. I was very careful about what I said.

      --
      I've fallen off your lawn, and I can't get up.
    94. Re:Both. by xero314 · · Score: 1
      I still haven't figured out quite how it is legal to prevent us from making our own personal copies of music which we own.
      Not trying to repeat myself but so far no DRM has prevent a person from making personal copies of anything, especially music, though it may have limited how you make those copies. Simply running the analog line out from your CD/MP3 player to the line in of any analog audio record will allow you to make the same exact copies you would have been able to make 20 years ago, before direct digital copies were possible. Again being repetative, but this point needs to get across, the copyright legislature does not protect any particular form of reproduction, only that you can legal copy it, for certain purposes, if you can figure out how. And again this is not taking into account the DMCA which is an entirely different issue.

      I still stand behind the sculptor analogy, since in 50 years they will be just as easy to copy, and that there will certainly be viable copies of todays media that survives the next 150 years. I have yet to have a well cared for CD stop working as designed (and yes I realize that has only been 10-15 at most).
    95. Re:Both. by fyngyrz · · Score: 1

      I believe you just described the basics of the copyright system! .. "As long as both parties understand what it is they are exchanging."

      At that level, I wish I had. Unfortunately, neither the manufacturers nor the citizen at large seems to understand, or agree with, the copyright laws as they stand today. But I also should say that when the system restricts the seller in what they may offer as far as what that agreement might be, I am inclined to go along with the inclination of the seller if they should decide that pursuing the sale of creative works isn't worth it, after all. And (until they can read our minds and *take* our ideas) that decision still rests with the creator of the work, no matter what the laws might like to impose upon them.

      And, if you don't happen to like the "deal" that public negotiations come out with, there's absolutely nothing stopping you from going to the IP owner and attempting to make your own deal.

      Right. But there are a lot of "stops" for content creators. I object to these for a number of reasons, some practical, some ethical. I can elaborate, if you are interested. Which is not, of course, to say that I think the system works other than it does, I simply object, as in, I don't think it is ethically correct. Like a lot of law. Also like a lot of law, as a citizen, there is little effect I can have upon the situation, and that doesn't make me happy, either.

      Now you argue that copyright nullifies the author's ability to make a deal with you that benefits both yourself and the author.

      No. I don't argue that. I argue that copyright forces the author to make a deal on terms that they may not wish to involve themselves with, specifically that "society" gets the produced content, idea, etc., after a specific amount of time. There are quite a few reasons why this can be a very poor deal indeed for the author. Slow sales are one obvious example; an idea produced before its time is another. In these cases, the "product" goes to public ownership before a reasonable benefit, or let's say a benefit commensurate with its value to society, has been returned to the creator of the product. This is not always the case, however, sometimes it definitely is.

      I'm actually somewhat familiar with copyright law; I own a literary agency, so we deal with it every day. I just don't *agree* with it.

      Patents follow the same ideal since you brought them up -- they grant a blanket restriction to an inventor against the unauthorized production of his invention, but does not prevent him from authorizing another party to produce the invention.

      Well, no. They do what you describe for the first warm body to reach the patent office. Which is not the same thing at all as "the inventor(s)" Which in turn means that many inventors, just as legitimate as the patent holder in terms of intellectual effort, research and so on, are left out in the cold. Or worse, subject to prosecution at law for implementing their own ideas. I don't agree that this is a reasonable course of action. Though again, I recognize that it is the law.

      The trouble with copyright (and patents) is the extent to which they are currently granted.

      Well, that's one trouble with them, at least. Although I think you and I are at opposite poles as to why that's a problem. I'm not a fan of anyone telling anyone else what terms of any kind they may make a sale of something they have produced. Although I have objections to the circumstances under which they are granted as well in many cases.

      DRM is simply a method to enforce the author's copyrights given that traditional law enforcement has failed miserably at doing so in the age of the internet.

      Actually, as near as I can tell, DRM is an attempt by

      --
      I've fallen off your lawn, and I can't get up.
    96. Re:Both. by Anonymous Coward · · Score: 0

      That's an unfounded assumption. Many things would have turned out differently if we didn't have copyright, and artists would long since have learned how to deal with it. We might actually have a better Lord of the Rings movie trilogy if we didn't have copyright. The books certainly are better than the movies, and it's a pretty safe bet that money was not Tolkien's main concern when he wrote them.

    97. Re:Both. by Cyclops · · Score: 1
      first off, DRM allows for what amounts to unbound copyrights.
      This is a failure of current DRM schemes, not DRM in general.
      DRM in general is broken, and can't work but with proprietary software and proprietary hardware that collaborates with said proprietary software.

      DRM in general is like the other poster said: it allows unbound copyrights but I'd say it's *extra* restrictions imposed on you, without society even agreeing to them.

      If you have DRM implemented in Free Software, you are perfectly able to circunvent said DRM in a trivial form, but if you are able to circunvent in a trivial form then DRM is not doing it's job.

      Hence the only way for DRM to work is for you and me to be absolute blind and obeying sheep, I mean citizens, of the corrupt dictatorship of the RI/MP AA+Microsoft.

      Sorry but no, DRM is broken in general as to what relates to society in general, and any defense of the opposit is either dangerous ingenuity or criminal cooperation.
    98. Re:Both. by mpe · · Score: 1

      Well, first off, DRM allows for what amounts to unbound copyrights. After all, if I can't read, copy, edit, or redistribute a public-domain work, what use is it to me? Copyright is supposed to be a *bounded* contract between the copyright holder and society. DRM is just an attempt at an end-run around the rules.

      Thing is that current copyrights are already broken in that respect. Any copyright term longer than the average human lifespan may as well be infinity for all practical purposes. In order to fix that the maximum copyright term would need to be significently less .

    99. Re:Both. by mgiuca · · Score: 1
      Not trying to repeat myself but so far no DRM has prevent a person from making personal copies of anything, especially music, though it may have limited how you make those copies.

      Well I'm not talking about DRM, the technology, I'm talking about DRM, the law (ie. DMCA, the law which protects DRM). And also I'm more interested in movies, which it certainly is preventing people from making personal copies of. And, I'm not talking about "so far". If the DRM that exists today was to continue, I would live with it. We're talking about the future and all the horribly twisted DRM they come up with then.

      Simply running the analog line out from your CD/MP3 player to the line in of any analog audio record will allow you to make the same exact copies you would have been able to make 20 years ago, before direct digital copies were possible.

      That is true, but again, I'm talking about the future. Next gen computers, DVD players and any other "authorized digital player" will prevent you from doing that by plugging the "analog hole" or so it is called.

      Again being repetative, but this point needs to get across, the copyright legislature does not protect any particular form of reproduction, only that you can legal copy it, for certain purposes, if you can figure out how. And again this is not taking into account the DMCA which is an entirely different issue.

      Why aren't you taking into account the DMCA? That's exactly the law I'm talking about. I'm in Australia and we've just had a DMCA replica law shoved down our throat. Hence my anger!!!

      So yes, the CDs you own today will be copyable in the next 50 years. They have little or no DRM. The "new audio format" you buy (ie. online music which is becoming increasingly popular) tomorrow will be useless when the next audio player is released, the day after tomorrow.

    100. Re:Both. by Anonymous Coward · · Score: 0

      "But the whole point of DRM is to preclude format-shifting, since that's indistinguishable from illegal copying."

      But the whole point of this opinion asking exercise is to ash WHAT IF they had a DRM that COULD DISTINGUISH between legal and illegal copying. You know, what if every every copy of whatever copywrighted work had a "magic genie" that went along with it and made sure you always had YOUR rights while never violating the COPYRIGHT HOLDERS rights?

      Lets imagine you allready ate your hat, would you then accept a working DRM scheme?

    101. Re:Both. by mpe · · Score: 1

      It is actually a practical impossibility to design such a DRM scheme. If I were to give you a 5 1/2" floppy right now, could you extract the data? Probably half of us could not, even if allowed hours to root through our attic for dusty old equipment. But with floppies, we have the advantage of knowing the format, and we're not at the mercy of some long-defunct website to give us decryption keys.

      The ultimate example of this kind of thing is the BBC Doomsday Project from 1986, where the result of using technology was to create something less easy to read than the Doomsday Book from 1086... In addition to the problem of a defunct data format there are also issues of identifying copyright holders, even after "only" 20 years. (When copyright could potential last 7-8 times that...)

    102. Re:Both. by mpe · · Score: 1

      From a preservation standpoint, the encryption of content for mass distribution is always an unsavory outcome. What we should have learned from the silent film era is that lots of copies keep stuff safe, and when you only have a few durable copies around, parts of our cultural heritage tend to disappear rapidly from the historical and archaeological record.

      Actually it's a lot worst that that, the only copies of movies and TV programmes (both on film and video tape) were being junked almost up until the advent of the domestic VCR.

      It's going to be hard enough to read the digitally stored works of our time using the hardware tools of the future.

      It can be hard enough to read stuff from only a few decades back, where the formats are documented and even some of the designers are still alive to ask...

    103. Re:Both. by mpe · · Score: 1

      Yes, and that's exactly why a lot of those one-copy originals are gone forever -- and no one will ever read them again. For example, an unfortunate number of them existed only in the Alexandria library.

      You don't even need to look to ancient history to find such examples just 30 years will do it!

    104. Re:Both. by mpe · · Score: 1

      On the other side, hacking/cracking is always wrong because, in practice, a hacker has no way to ensure that their actions will not cause any harm (e.g. they may cause a system slow-down, crash, release of proprietary info, etc.).

      The first two of these are certainly applicable to DRM. Supporting DRM means using lots more software (and hardware) resources in addition to those required simply to render data into sound and vision. It may even be the case that the DRM portion is actually larger than the rendering portion. There's also the possibility of bugs in DRM causing system instability or data corruption.

    105. Re:Both. by Anonymous Coward · · Score: 0

      Domesday, dumbass!

    106. Re:Both. by TeraCo · · Score: 1

      I'm not sure how that's possible. They would have spent more on film alone than they would have made under a copyright free system. While I'm glad you think that the books are better, it's not really relevant to the discussion.

      High quality books and games have a low cost of entry (how much is a notepad? how much is a PC?), and movies have a ridiculous cost of entry. How much are the cameras, props, costumes, film, labor (non-actor, assuming the actors do it for the fame rather than for fat sacks of cash)?.

      Sure, you could do a 5 minute art-house flick for a few thousand bucks, but remember movies used to be like that in the 30's and 40's and evolved away. I'm sure most people would a return to those days as a step back.

      --
      Not Meta-modding due to apathy.
    107. Re:Both. by mpe · · Score: 1

      Without copyright, how does an artist put bread on the table? How do we expect them to pay the rent?

      They can get a "day job" (which may or may not be related to their "art"), convince someone to sponser them, perform live, teacher their "art" to paying students, etc, etc.

    108. Re:Both. by mpe · · Score: 1

      Alright, here's one example: I like to listen to talking books in the car. If the author wasn't compensated he wouldn't be able to write more books.

      Except that plenty of people write books for all sorts of reasons. Including reasons unrelated to profit. For most authors there is a large amount of luck involved in getting their first book published.

    109. Re:Both. by mpe · · Score: 1

      My brother's an author - If his 'books don't go for money' he doesn't put food on the table.

      Why should that make him any different from someone who is "made redundent" in any other industry? He may have had more choicein his career than the average Welsh coal miner or Scottish shipbuilder...

      IMHO, IP *does* imply scarcity - If my brother spends a year writing a unique book, and you derive pleasure from reading it then you should compensate him.

      Why should the reader be obliged to do this. Unless they either in some way forced the author to write the book or agreed to pay whilst the book was being written.

    110. Re:Both. by mpe · · Score: 1

      I think you are confusing your internal desire for the existance of a lottery where you could strike it rich using intectual property with the universal "rightness" of having such a thing. If every single work by every single creative person on earth was instantly and costlessly beamed to everyone else, people would still create. This is one of the fundamental human needs.

      However there isn't really that much of a shortage of human creativity. The limitation is more at the level of transporting the "content".

      If the system means that one cannot make a living from purely creative activity, these people will have to work a job that pays to sustain their creative endevours, just like me. The reality is that the vast majority of artists are not supported by their art and never will be, even if they are later seen to be the best of their time.

      Even for the tiny minority who do things may not be good. Plenty of "celebrities" appear to wind up having little in common with their "fans", let alone those who wind up seriously ill.

    111. Re:Both. by DavidTC · · Score: 1

      You're kidding, right? Do you see how far down your list of events DRM comes into play? Before that you had an overt government action, a financial power play conspiracy, and the activation of a DRM scheme that doesn't exist.

      Well, all censorship requires, at minimum, an 'overt government action', so asserting that my example requires one is a bit silly. Things don't magically censor themselves.

      Likewise, we're talking about a mythological DRM scheme in the first place. That's the entire point of the damn article, the entire thing is a hypothetical about 'perfect DRM'. Any 'perfect DRM' would be required to check on the ownership of a copyright and disable access if the original material was found, legally, to violate copyright.

      And almost all black-book government conspiracies have some sort of 'non-government funding' source, where the money passes out of the government via secret means and to the people who use it. Often these involve convoluted trails of money that take years to figure out, so the government going to someone who a) rich and b) not officially part of the government, and saying 'Hey, buy the copyright on this thing at auction and kill it, we'll make sure that you get a tax cut' is really not that hard to imagine.

      Do you even have the slightest sense of history here, or do you honestly believe government conspiracies cannot exist at all?

      For work contracts are a legitimate practice. You don't have to sign one. Forgeries of this document are a little harder to produce. Notarized? No. Well, um - have fun losing on that deal. Still a little paranoid to assume as the general practice.

      The CIA has murdered people, but I like your assumption that the government wouldn't stoop to forgery if they wanted to censor something. Not that they would have to, as I said, they could trivially bankrupt the author, hound him out of all housing, and force him to sell his copyright to survive.

      Although, currently, they'd just take the copyright away under claims of 'national security' and there wouldnt be any sort of trial at all.

      There's that imaginary boogeyman DRM you mentioned last time. Will this DRM work on REAL books? Will it prevent a person from presenting the content in spoken format? If so, thats some kick ass DRM! In order to do what you speak of you would actually have to CENSOR the content. Your problem is with that - not the digital puppet that could be used to facilitate it.

      And you didn't read the article summary. Yes, this mythological DRM will work on real books and keep you from copying them. The whole question here is 'If copyright were magically enforceable at exactly the amount allowed by law, with the copy protection going not one inch over and the ability to copy going not one inch under, would you be okay with that?' I gave a reason why it would not be okay, because, with the government presumably having some say over it, the government now has the most powerful form of censorship known to mankind, a form so powerful it couldn't even actually exist.

      My comment wasn't to show what would actually happen with DRM, which you would understand if you'd actually read the article summary. It was to show what would happen if we had magical perfect impossible DRM. Magical perfect impossible DRM requires handing various abilities to the government that no one should be comfortable handing over to them.

      Any ideal form of DRM must involve the government, if only so they can unDRM things when the copyright expires or the owner disappears. And so education and fair use rights are protected. And involving the government in the physical ability to make

      --
      If corporations are people, aren't stockholders guilty of slavery?
    112. Re:Both. by Irish_Samurai · · Score: 1

      A perfect case of smart people arguing stupid shit.

      All of your conspiracies revolve around much larger elements than preventing someone from speaking. Do you even realize the culture we exist in? It's so much easier to discredit than silence.

      As for the CIA, I love how your explanations escalate to cover the large leaps in logic. Now the CIA has to be involved to forge the document. If you thought about what you were saying you would realize there are easier methods to accomplish the same thing.

      Your assertions are ridiculous, and you make assumptions that are a little to far on the side of paranoid for me to take seriously.

    113. Re:Both. by Bert64 · · Score: 1

      By selling them at a cost closer to their true production cost... People make money selling copied media, so why couldn't the original author make money selling media for the same cost?
      Book authors can also sell signed copies for more money, and those who like their work can attend live events where the author talks about his books and future ones he's working on.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    114. Re:Both. by Bert64 · · Score: 1

      He could still earn money, just not as much because the books would need to be sold for a smaller profit. Noone will ever sell copies of his book at a loss, and everyone else he's competing with will still have production costs.
      Some people will still buy from him because he's the original author.
      Some people will want a book signed by the original author.
      He will have a head-start on everyone else anyway, since it will take some time for other organizations to start producing copies of his books.
      And finally, there isn't such a market for copied books anyway, so book authors would be less affected than movie/music/software authors. It costs a lot more to produce a book than it does a DVD, and yet books are cheaper. Books, being less overpriced to start with, provide less incentive for people to provide cheaper copies.

      Aside from that, if he can't produce and sell enough books in a free market to justify the lifestyle he wants, then he's in the wrong business. He has no right to get free help from government to artificially inflate the prices of his books.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    115. Re:Both. by digitrev · · Score: 1

      You're assuming too much. If we were to drastically change the copyright system, we would have no idea of knowing the consequences. It's like when people say, "What if everyone could read each other's minds?" I counter that with, "Well, we'd probably have no sense of privacy, and we'd live in such a drastically different society that you and I wouldn't exist in the way we do now." So without copyright, maybe people would be more honest. Or maybe without the implicit promise of monetary reward for creative content, we'd have considerably less content out there. You can't throw up this argument and pretend that you know the exact consequences.

      --
      Cynical Idealist
    116. Re:Both. by Bert64 · · Score: 1

      The free market should define a work's worth, not the author backed up by arbitrary laws.
      Should i be able to copyright this post and demand $50 from anyone who reads it? That would just be stupid.
      If you write a book and try to charge $50 for it, and someone makes a copy and starts selling it for $5 that's just free market economics, and you need to reduce your price to compete. You don't have a right to a monopoly.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    117. Re:Both. by xero314 · · Score: 1
      Well I'm not talking about DRM, the technology, I'm talking about DRM, the law (ie. DMCA, the law which protects DRM)... Why aren't you taking into account the DMCA?
      First of all there is no DRM law. Second the article was about the technology of DRM not about any law, including the DMCA. The whole premise of the article was if people would have issues with DRM if it did not impede personal copyright.
      And also I'm more interested in movies, which it certainly is preventing people from making personal copies of.
      Again, I have never found a single DRM scheme that prevented analog copying, including of movies. The closest that has ever been created was a copy protection scheme that existed before digital movie recording and even then was exploiting a limitation on the video recorders of the time.
      DVD players and any other "authorized digital player" will prevent you from doing that by plugging the "analog hole" or so it is called.
      So what I'm reading from you is that the next stage of RM will be so complete that they won't be able to play sounds through speakers or video though displays. Images and Sounds can always be recorded. Bootlegers had been copying musical and video performance for years without the ability to tap into and particular line outs.
      The "new audio format" you buy (ie. online music which is becoming increasingly popular) tomorrow will be useless when the next audio player is released, the day after tomorrow.
      First I have never said that I support or purchase products containing DRM. I don't understand how something I buy today would be useless, as in unable to be used, since there has never been an example of this in history. To restrict peoples ability to use older technology, such as last years records, would require legislation, which again is outside the scope of the original topic.

      Too summarize, DRM that complete restricted ability of replication would also restrict usage, complete, because if you can use it you can copy it (at least I can). And regardless of legislation, at least as it stands so far, you as a consumer still have the right to chose to either purchase products containing DRM or not.
    118. Re:Both. by DavidTC · · Score: 1

      All of your conspiracies revolve around much larger elements than preventing someone from speaking. Do you even realize the culture we exist in? It's so much easier to discredit than silence.

      You both discredit them and you stop their work from be distributed in any easy manner. Um, duh.

      As for the CIA, I love how your explanations escalate to cover the large leaps in logic. Now the CIA has to be involved to forge the document. If you thought about what you were saying you would realize there are easier methods to accomplish the same thing.

      At no point did I even vaguely hint the CIA would be involved. I said the CIA has illegally murdered people, so saying the government would have to commit the horrible crime of forgery is not really a stretch. If it is too much of a stretch for you, I offered the alternative of burying them in legal fees for years until they are forced to sell the copyright.

      Your assertions are ridiculous, and you make assumptions that are a little to far on the side of paranoid for me to take seriously.

      And, frankly, you're too dumb for me to take seriously, because you sit and claim that what I describe is impossible, when the entire point of the article is 'Assume a universe with perfect DRM. Is that okay?' and I pointed out merely why it wouldn't be okay. Namely, because perfect DRM must require checking it with the government, and allowing the government to physically disallow viewing and copying of all information is a very very bad idea.

      It's like someone saying 'Would everyone having access to easy-to-operate personal jetpacks be a good idea or a bad idea?', and I point out they'd rewrite various assumptions on privacy and trespassing, and you point out that that such jetpacks are unlikely. It's like you have no concept of a hypothetical question of the form 'Obviously, X is currently implemented horrible, but if there was nothing wrong with the implementation, would it be a good idea?'.

      Rather obviously we won't have the DRM that I, or everyone else in the damn discussion except you, are talking about at any point in time. The question as asked is intended to spur the level of discussion past 'DRM doesn't let me do what I legally am allowed to' to 'DRM is inherently a bad idea even if it worked'.

      Although I suspect a hypothetical question that would have been more useful would be 'Is it theoretically possible to write DRM that is perfectly in accordance with the law?', because, as I pointed out somewhere else in this discussion, that would require mind-reading abilities.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    119. Re:Both. by mgiuca · · Score: 1

      The flaw in your argument is the phrase you used, "at least as it stands so far". Once again, I'm not talking about today's technologies. I'm talking about tomorrow's. You keep using examples of existing technology.

      I have never found a single DRM scheme that prevented analog copying, including of movies

      OK Blu-ray players, HD-DVD players, and Windows Vista are three recent technologies which do. Well, they don't *prevent* analog copying, they just deliberately degrade the output analog signals, to prevent analog copying. (This is the canonical example of a deliberately degraded user experience in legitimate uses, due to DRM). While this isn't "preventing", it's too easy to imagine that the *next* wave of digital players will not support analog output at all - only supporting encrypted digital output.

      And not because it's obsolete or inconvenient for player-makers. It will be mandated by format producers (as ransom for licensing) specifically to "plug the analog hole".

      So what I'm reading from you is that the next stage of RM will be so complete that they won't be able to play sounds through speakers or video though displays.

      Right, so in the future when it's impossible to make simple analog copies, it will still be possible to film the screen or mic the speakers. But that's far far worse off than copies you could have made with analog technologies. So yes, we are worse off.

      In the digital age, we now have the ability to make perfect digital copies. We should be better off than in the analog age. The only barrier should be tech restrictions - there should be no deliberately imposed barrier.

    120. Re:Both. by xero314 · · Score: 1

      You have made it very clear that your issue is not with DRM technology at all but with copyright and contract law. If you want to actually discuss DRM we can continue that here. If you want to discuss copyright law or governmental protections or civil rights or corporate rights we can do that next time that topic comes up. Remember you could always suggest just it as an "ask slashdot", I mean on a slow news day who know what they will be willing to post.

      So far you have been unable to stay on topic or even point out how DRM is, or even can, interfere with fair use as defined in copyright law, at least as defined in the US.

      And I will only say this one last time. You can't "plug the analog hole" unless you have some way of, not only allowing, but forcing humans to receive and understand digital signals. All sensory input must eventually become an analog signal it humans are expected to be able to receive that input. And what is even worse, no one is being forced to put DRM on their media, even the new HD media specs allow for recordings without DRM. You still have the freedom to support media containing DRM or not, so if there is a market for media that does not contain DRM someone will continue to produce such, or you yourself could fill that hole.

    121. Re:Both. by mgiuca · · Score: 1
      You have made it very clear that your issue is not with DRM technology at all but with copyright and contract law.

      I'm confused... I haven't talked about the law for several posts. This is all about the tech.

      You can't "plug the analog hole" unless you have some way of, not only allowing, but forcing humans to receive and understand digital signals.

      But as I said, you can plug all of it except for allowing them to videotape and microphone the output, which you must agree is nowhere near satisfactory for making backup copies.

      no one is being forced to put DRM on their media

      If you want to stay on topic, we're talking about if DRM itself is bad. Therefore it's irrelevant if producers are forced to use it - the topic is, if producers choose to use it (which they certainly do wherever possible), is it intrinsically distasteful - I say yes, because once they choose to use it, I am forced to put up with it.

    122. Re:Both. by jZnat · · Score: 1

      You mean like all those PaysForSure subscription sites where you get "unlimited music for a low monthly fee"? Yeah, they're doing real well...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    123. Re:Both. by fyngyrz · · Score: 1
      --
      I've fallen off your lawn, and I can't get up.
  2. Of course by Anonymous Coward · · Score: 0

    And if pigs had wings...

    1. Re:Of course by Lazerf4rt · · Score: 1

      This AC has a point. The DRM scheme described by the submitter is impossible. No DRM will ever prevent illegal copying. Only curb it. There will always be hacks. So if you ask whether we would support the scheme, you might as well ask whether would support having unicorns in city streets.

      On the other hand, if you ask whether DRM is distasteful, you're asking whether or not we like it. I happen to like DRM because it makes studios feel safe enough to distribute their content digitally.

    2. Re:Of course by amRadioHed · · Score: 1

      Since you mention it, though I oppose DRM even in theory I do wholeheartedly support invisible pink unicorns on every street corner.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    3. Re:Of course by FLEB · · Score: 1

      Invisible pink, eh?

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    4. Re:Of course by amRadioHed · · Score: 1

      Yep

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    5. Re:Of course by DavidTC · · Score: 1

      'Invisible' does not mean 'transparent', and, thus, 'colorless'. All it means is that you can't see it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    6. Re:Of course by Lost+Engineer · · Score: 1

      Invisible because you can't see them. Pink is the color they would be if you could. I got it.

  3. Fair Use Backups? by SnowDeath · · Score: 3, Insightful

    Would this protection from "illegal copying" also prevent me from legal copying? Aka backups that are protected by fair use? If so, then I would be against it in practice and principle.

    1. Re:Fair Use Backups? by ILikeRed · · Score: 4, Insightful

      Exactly, what is the difference between the copy of a CD or DVD for my car, and the one I make to give or sell to a friend?

      The answer is: Actions that can not be monitored from the computer, and sorry, but I refuse to get a **AA monitoring camera embedded into my forehead.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    2. Re:Fair Use Backups? by EastCoastSurfer · · Score: 1

      What if you didn't need backups? The music you own is attached to you. You can go download again at anytime.

    3. Re:Fair Use Backups? by SnowDeath · · Score: 2, Insightful

      What happens when the company that sold me this unbackable music goes belly up and I can no longer download it from then?

    4. Re:Fair Use Backups? by zoeblade · · Score: 1

      Don't forget that backups aren't the only form of legal use prohibited by DRM schemes. What if you want to use a copy of the cover artwork, a still frame of a film, or any other kind of short clip as an example for the purposes of a review? What if you want to make a parody, and need to analyze the original to do so? What if you want to sell your only copy second hand, or to let a friend borrow it for a while?

    5. Re:Fair Use Backups? by Anonymous Coward · · Score: 0
    6. Re:Fair Use Backups? by Anonymous Coward · · Score: 0

      By definition yes. For example, it's illegal to copy bits of a recording to stick them together into the original recording but it's not illegal to copy bits for commentry in a critical article. There's no way to tell the difference between the two except by examining the mind of the person copying. Anything which blocks illegal copying has to also block legal copying. The only alternative is to have all copy attempts approved by a human which would be a privacy breach.

    7. Re:Fair Use Backups? by Anonymous Coward · · Score: 0
      Would this protection from "illegal copying" also prevent me from legal copying?

      According to the RIAA and MPAA, there is no such thing as legal copying. Okay, so they may not have stated that outright (AFAIK), but it's clear that's what they want you to believe, and it's what they wish was true. Actually, "wish" is too weak of a word. It's what they hope will be true not too long from now.
    8. Re:Fair Use Backups? by Anonymous Coward · · Score: 0

      Or how about the fact that making a back up copy is perfectly legal for Canadians? How would your DRM decide that I'm a Canadian and am legally allowed to do this? Or anywhere else in the world that doesn't have the silly laws that Americans have?

    9. Re:Fair Use Backups? by Harinezumi · · Score: 2, Insightful

      Whether or not I need them is entirely irrelevant. I have a right to make them, and I take issue with any technology or legislation that takes away any of my existing rights, even ones which I choose not to exercise.

    10. Re:Fair Use Backups? by onemorechip · · Score: 1

      The AC has nailed it. This is exactly the problem with DRM. Normally we have courts to judge whether a law is violated in any given case. If a human judge, at some future date, decides that a particular instance of copying is legal after all, then any DRM that blocks that form of copying (because some corporation decides today that such instances should be illegal) will render that judge's decision moot. And substituting corporate judgment for that of our legal system (however flawed the latter may be) is bad for the rule of law.

      --
      But, I wanted socialized health insurance!
    11. Re:Fair Use Backups? by Technician · · Score: 1

      Would this protection from "illegal copying" also prevent me from legal copying?

      Sounds like if water were not wet, would we still drink it?

      Either the format is compatible or it's incompatible with most stuff. DRM is simply incompatible with most stuff. It even makes the popular I-tunes format incompatible with 5 nines of the I-Pods out there. Don't believe me. Do you have an I-Pod? I'll send you an I-tunes song. I betcha it doesn't work on your I-pod.

      Any DRM scheme is incompatible in a mixed environment. If that were not the case, then it isn't effective DRM. This brings me back to the original question, Would you drink water that isn't wet?

      Compatibliity and DRM are on oposite sides of the fence.

      --
      The truth shall set you free!
    12. Re:Fair Use Backups? by novus+ordo · · Score: 1

      Then you must have something to hide!

      --
      "You're everywhere. You're omnivorous."
  4. Prevent *only* illegal copying by e4g4 · · Score: 4, Insightful

    It seems to me that this is a pipe dream without a fully regulated hardware path (which I find inherently distasteful). Generally speaking, computers aren't smart enough to determine legality without something like Trusted Computing, therefore, unless a brilliant DRM breakthrough is made, yeah, I find DRM inherently distasteful.

    --
    The secret to creativity is knowing how to hide your sources. - Albert Einstein
    1. Re:Prevent *only* illegal copying by ivan256 · · Score: 1

      Even a fully regulated hardware path doesn't solve the problem. Sure, it'll help if you're talking about 'unauthorized' use instead of 'illegal' use, but legal use is indistinguishable from many types of illegal use, and you have the legal right to do some things with content regardless of whether the publisher has authorized you to do it or not.

    2. Re:Prevent *only* illegal copying by mrchaotica · · Score: 5, Insightful
      It seems to me that this is a pipe dream without a fully regulated hardware path

      This is a pipe dream even with a fully regulated hardware path, because in a lot of cases the only difference between an infringing use and a non-infringing one is the human's intent.

      --

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

    3. Re:Prevent *only* illegal copying by e4g4 · · Score: 1

      Indeed, I can see it know...MS PlaysForSure 2012, now with ReadsMindsForSure...

      --
      The secret to creativity is knowing how to hide your sources. - Albert Einstein
    4. Re:Prevent *only* illegal copying by Anonymous Coward · · Score: 0
      therefore, unless a brilliant DRM breakthrough is made, yeah, I find DRM inherently distasteful.
      But we do have a brilliant, insanely great implementaion of DRM: FairPlay by Apple, Inc. It Just Works. In fact, it's a pleasure to use. Since Steve Jobs is behind it, you know FairPlay is tasteful in a big way.
    5. Re:Prevent *only* illegal copying by BillyBlaze · · Score: 1

      The only reason FairPlay JustWorks for consumers is because it doesn't work for the RIAA, who are really annoyed that it lets you burn CDs. And with FairPlay you're living on borrowed time - at any point, the RIAA could force Apple to revoke this and other "rights" retroactively, and there'd be no legal way for you to keep what "rights" you (thought you) paid for. So it works only because people either don't know or don't care about these risks.

    6. Re:Prevent *only* illegal copying by danpsmith · · Score: 2, Insightful
      This is a pipe dream even with a fully regulated hardware path, because in a lot of cases the only difference between an infringing use and a non-infringing one is the human's intent.

      Not only this, but it doesn't take into account the fact that pirates are often not even going through DRMed channels to obtain their material. While I'm sure some on the scene do crack DRM to upload to the Internet, some of the material isn't even out of the theater yet, which shows that they are obviously _not_ getting the material from even a DVD.

      Non-DRMed media will be copied and shared from its leaked source, and unless hardware makers want to attempt to make any non-corporately sponsored video not work on Windows, it will be able to be played. Given those two factors the piracy never, EVER, stops. So in the end DRM has to be about one thing if it's not preventing piracy, and that's lock-in. Pure and simple. They want it to be hard for you to rip your CDs to MP3 so they can sell you the CD and also the MP3...

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    7. Re:Prevent *only* illegal copying by cptgrudge · · Score: 1

      I have this image of Clippy popping up when you go to play some video file.

      "Do you really have legal permission to view this file? I can tell if you're lying!"

      *click*

      "You've indicated that you have legal permission to view the scrubs.605.pdtv.xvid.notv.avi video file. Is this correct?"

      *click*

      "You're lying to me! Clippy! No Scrubs fix for you!"

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    8. Re:Prevent *only* illegal copying by ricree · · Score: 1
      Indeed, I can see it know...MS PlaysForSure 2012, now with ReadsMindsForSure...
      If that name is as accurate as their PlaysForSure brand has been, I imagine that our thoughts will be quite safe.
    9. Re:Prevent *only* illegal copying by Dannon · · Score: 1

      I'm seeing a DRM mechanism that prompts the user:

      "Do you own the file(s) you are about to copy, or is your copying protected by Fair Use?"
      - Yes (Copy will continue)
      - No (Authorities will be notified)
      - Help (Opens an internet search for lawyers in your area)

      --
      Good judgment comes from experience.
      Experience comes from bad judgment.
    10. Re:Prevent *only* illegal copying by BryanL · · Score: 1

      Exactly. My initial response to the question was " what, are they going to put a **AA watchdog looking over my shoulder everytime I back-up, time shift, etc my media? This is not a hardware/software problem.

    11. Re:Prevent *only* illegal copying by mrchaotica · · Score: 1
      I imagine that our thoughts will be quite safe.

      On the contrary: I'd be terrified Microsoft would crash my brain!

      --

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

    12. Re:Prevent *only* illegal copying by dascandy · · Score: 1

      Very true.

      The only choice the authors of music now should make is "Do I want somebody to listen to my music?". If the answer is yes, then I can record / copy / duplicate / steal it all I want, even if you DRM it. If the answer is no, just **** off then.

  5. No, any DRM scheme is wrong by Omnifarious · · Score: 4, Insightful

    Copyright is supposed to be imperfect and leaky. I do not want a scheme for perfectly enforcing it via architecture.

    This goes for most laws. The difficulty of enforcing laws is what keeps a lot of laws from being horribly onerous burdens rather than simply being annoying inconveniences. I'm against any scheme for perfectly enforcing laws. Laws should always be tempered by human understanding.

    I think Godels incompleteness theorem applies here. Laws are like a system of axioms. You cannot make a system of axioms that can in all cases separate behavior you want from behavior you don't. So making that system of axioms be enforced by the architecture is inevitably going to prevent behaviors that you don't want to prevent.

    1. Re:No, any DRM scheme is wrong by Scott+Atkinson · · Score: 1

      Absolutely right, and a good, concise take on the subject.

      It's the failures, the holes in drm that make it habitable at all, and as it moves toward perfect, the only way to shoehorn it into the original question's conditions is to reduce what constitutes 'legitimate use.'

      Scott A.

    2. Re:No, any DRM scheme is wrong by Hatta · · Score: 1

      Exactly, DRM is intrinsically distasteful because copyright is intrinsically distasteful. The idea that the simple act of copying a number could be illegal violates any precept of common sense and propriety.

      --
      Give me Classic Slashdot or give me death!
    3. Re:No, any DRM scheme is wrong by bigpat · · Score: 1

      Agreed, but lets also remember that when legally enforced DRM does not expire on its own, then it becomes both de facto and de jure an indefinitely granted Copyright which is unconstitutional.

      And such a thing is terribly unwise for civilization, for any portion of our intellectual works to be artificially made so inherently easy to lose. In the past if even one copy of book survived a calamity, then it could be copied over and over again, but now with DRM we are creating a world where copying can be physically controlled long after that legal right has expired.

      I don't believe I am overstating the threat to say that widespread DRM is a threat to the potential survival of human knowledge through natural disasters and war. Not only should DRM not receive additional legal protections, it should not be legally allowed.

    4. Re:No, any DRM scheme is wrong by Thansal · · Score: 2, Interesting

      Mkay, I am going to step away from the group think here and say I don't get it. If you odn't feel like reading my full post skip to the last line.

      How and WHY is Copyright SUPPOSED to be imperfect and leaky? I thought the point of copyright was to give the creator of a work the sole right to create copies of it (and thus decide who can have a copy, and under what terms). There are a few purposfuly drilled holes in it (naimly Fairuse), but those are defined under the law (admitedly fairuse is incredibly grey, and hard to figgure out exaclt what is "fair"). I would not call something like fairuse "imperfect and leaky" (if that is even what you are reffering to).

      Is it that you object to the concept of copyright at all (as other repliers have been saying)? If that is it, well then I will aggree to disagre (I personaly think that if you invent sometihng you should have the right to profit from it).

      I also do not understand your grievance against laws. I don't think the soloution is to make laws hard to enforce, rather I think the soloution is to create better laws (remember, we are talking about a perfect world where pixy dust and ponies solve everything).

      A rather simple direct case of what I think you are talkign about is sometihng like jay walking (somethign that as a New Yorker I am very familiar with). To me the concept of getting fined for jay walking is silly, and I tend to take the signs as a suggestion, and so do pollice for that matter (part of your tempering via human understanding?). My belife is that the law should instead state something along the lines of: "If you cross against the light and sometihng bad happens it is your own damn fault. If you cause any damage/injury to others because of this action you must make full restitution (and then some extra for beign a twit and caussing an accident)". Ofcourse it would not be worded this way, and would have all the loopholes removed, and put in clauses for extenuating circumstances (say rescuing the biker that just fell over).

      Would this be an acurate paraphrase of what you said:
      "Because the world is not perfect, and there are always extenuating circumstances that can not be covered by codified rules, we must then use a system of enforcment that can artifcialy create this via imperfection".?

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    5. Re:No, any DRM scheme is wrong by hackstraw · · Score: 2, Insightful

      Copyright is supposed to be imperfect and leaky. I do not want a scheme for perfectly enforcing it via architecture.

      This goes for most laws. The difficulty of enforcing laws is what keeps a lot of laws from being horribly onerous burdens rather than simply being annoying inconveniences. I'm against any scheme for perfectly enforcing laws. Laws should always be tempered by human understanding.


      Well said, and true, but this is the POV from a free thinking intelligent individual. This is not a shared opinion for many of those that are in power like the head of the media corps, government, etc.

      The classic and humours take on this is in South Park where the balding, wimpy head of the RIAA repeatedly slicks back his hair over his bald spot with a squeak, and then shouts "I am above the law!"

      This is a caricature, but its not complete fiction either.

      DRM is an oxymoron, and has no value to the end user whatsoever. My first experience with DRM came when I bought my first DVD player. At the time, my TV was a TV/VCR combo where the output from my DVD player went through something that had Macrovision, and when I played a Macrovision encoded movie the picture faded in and out and looked like crap.

      I did an internet search, and found out what was wrong. A USENET post said that what I was experiencing was a silly hack, DRM of sorts (although macrovision is in the analog spectrum), and the solution was that had to walk across the street, pay $20 for a macrovision defeater (which is basically a lowpass filter), and then I was allowed to view the movies on my brand new DVD player.

      The thing is that the price/value ratio is wrong for digital media, but it is correct for printed media.

      Let me elaborate. Books, magazines, etc are covered by the same copyright laws as CDs and DVDs. Books can be illegally copied just like a CD/DVD. The difference is that its just cheaper and easier to buy printed material or borrow it from someone or do without than to copy it.

      Now, video and audio media cannot seem to get it right and provide a product to fill a market. There are tons of options here, but the current one is the sue the customer until they want to buy our product. Or using guilt/shame marketing techniques into that buying products that you don't want is morally superior to acquiring these things another way.

      My take on the matter is fuck them. If you refuse to offer me goods or services that fit my lifestyle in 2007 and you have refused to do so for a decade, then you don't deserve my money. So, sue me. I don't care.

    6. Re:No, any DRM scheme is wrong by hugg · · Score: 1

      I think another paraphrase of the previous poster's thoughts might be "Laws should be enforced by people, not by machines."

    7. Re:No, any DRM scheme is wrong by Chandon+Seldon · · Score: 1

      remember, we are talking about a perfect world where pixy dust and ponies solve everything

      His reference to Gödel's theorem covers this... any such "perfect world" is likely unrelated to the real world and has thus shifted the burden of proof to you to demonstrate that your perfect world model applies to the real world version of your argument.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    8. Re:No, any DRM scheme is wrong by zippthorne · · Score: 2, Insightful

      Arbitrary enforcement of laws is itself unjust, when combined with unjust laws is intolerable. Unjust laws should be stricken, not unfairly enforced. It is the inefficiency of enforcement which undermines clamor for their repeal.

      --
      Can you be Even More Awesome?!
    9. Re:No, any DRM scheme is wrong by koreth · · Score: 1
      I thought the point of copyright was to give the creator of a work the sole right to create copies of it (and thus decide who can have a copy, and under what terms).

      I agree with your point over all about needing better laws, but one nit that IMO is a critically important and usually-overlooked aspect of the debate:

      In the US, at least, the point of patents and copyright is to benefit society as a whole by advancing science and the arts. Says so right there in the Constitution in the clause that authorizes Congress to set up patent and copyright laws; you can't really interpret those words any other way. Letting creators control their work is the means, not the end.

      One can argue that letting people stop others from repeating what they've said (which is really what copyright boils down to in the end) is a worthwhile goal in and of itself, but anyone who wants that to be the underlying principle that's supposed to inform the law of the land will have to take it up with Thomas Jefferson.

      As for jaywalking, don't count on the cops looking the other way. (A good example of why the law needs to be changed.)

    10. Re:No, any DRM scheme is wrong by Speare · · Score: 2, Informative
      How and WHY is Copyright SUPPOSED to be imperfect and leaky?

      First, the why: US Copyright Law was heavily architected and influenced by a couple notable figures. The first librarian and an influential publisher of (pirated) books, Benjamin Franklin. The exemplar of libertarian "smallest government intrusion possible" politics, Thomas Jefferson. They both felt that it was the government's responsibility to encourage the sharing of inventions and expressions, not discourage it, but recognized that the best way to entice an author out of their mousehole was to give them some minor form of protection.

      Second, the how: US Copyright Law has enshrined a system of "common sense" provisions instead of a set of crisp delineations. A specific codification of allowed and disallowed behaviors is exactly why the Bill of Rights was so controversial at the time: it seems to be listing the few things you can DO, instead of the few things the government could impose. Copyright Law is instead written such that there are several vague categories of defense (called the Fair Use defenses), and it's not a set of rules written such that any technology could possibly solve with 100% True Positive and 0% False Positive success. It takes thinking, and communication, and trust, and social contracts as well as legal contracts, to decide if a work infringes or does not infringe. And all this is by design.

      --
      [ .sig file not found ]
    11. Re:No, any DRM scheme is wrong by Theaetetus · · Score: 1

      DRM is an oxymoron, and has no value to the end user whatsoever.

      And therein lies the problem. DRM is not for the benefit of the end user, it's for the benefit of the copyright holder. Agree with it or disaqree with it, but you have to first recognize it for what it is.

    12. Re:No, any DRM scheme is wrong by Omnifarious · · Score: 1

      That is an excellent paraphrase, and I should've used it. But it's of a somewhat narrower scope than my argument.

    13. Re:No, any DRM scheme is wrong by Omnifarious · · Score: 1

      "Because the world is not perfect, and there are always extenuating circumstances that can not be covered by codified rules, we must then use a system of enforcment that can artifcialy create this via imperfection".?

      That's basically it. Except... it's not possible to create a perfect set of codified rules, even if you're god. It's not just so difficult as to be beyond us limited humans, it's mathematically impossible, like having a circle who's circumference and radius were not related by pi.

    14. Re:No, any DRM scheme is wrong by Omnifarious · · Score: 1

      Well, I agree with this. But I don't think having machines perfectly apply the laws is the answer. :-)

    15. Re:No, any DRM scheme is wrong by Anonymous Coward · · Score: 0

      How and WHY is Copyright SUPPOSED to be imperfect and leaky?

      I don't think the OP chose their words carefully, but I agree with what I think they intended to say. Who decides what "reasonable" DRM protection means? Who makes the laws? We do. And we change our minds. Technological solutions that prohibit our ability to adjust our attitudes and opinions about what is or isn't permissable is anti-democratic. It's dictatorial. What the DRM scheme mandates goes. Period.

      People should make law, not technology.

    16. Re:No, any DRM scheme is wrong by Chandon+Seldon · · Score: 1

      I don't believe I am overstating the threat to say that widespread DRM is a threat to the potential survival of human knowledge through natural disasters and war. Not only should DRM not receive additional legal protections, it should not be legally allowed.

      Thank you. This is a key point that should not be ignored in the discussion. It doesn't even require a war or natural disaster, just the passage of time. After a major technology shift (for whatever reason), rebuilding a device to read a format like HD-DVD or BD-ROM is going to be hard enough - we don't want the historians (or even archaeologists) to run into mathematically unbreakable cryptography that utterly prevents them from having access to the only surviving copy of some work of 2010 popular literature.

      Also remember that optical media degrades. If a CD degrades, you'll lose one song at a time or you'll have to "reconstruct" the lost bits. If a DVD or other DRM-corrupted media degrades, once you've lost even a couple of bits it becomes an utter nightmare to recover any data at all. If you lose ~50 bits in a row, the whole disk might be gone because the decryption process becomes impossible. And that's all assuming you *have* the title key.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    17. Re:No, any DRM scheme is wrong by Thansal · · Score: 1

      Thank you.

      How your GP post was worded had me very confuzed, as I wrote my post I sorta figgured out what you were saying, and thank you for clarifying it!

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    18. Re:No, any DRM scheme is wrong by Anonymous Coward · · Score: 0

      Actually, Goedel's theorem only applies to formal systems containing peano arithmetic.

    19. Re:No, any DRM scheme is wrong by Rudd-O · · Score: 1

      I'm 27. I still love Pixy Stix. Does that solve anything? :-D

      --
      Rudd-O - http://rudd-o.com/
  6. Of course by Nos. · · Score: 1

    I would support a system that enables the artists (or publishing companies) to release their works in such a way that the media can only be used by those who have acquired it legally. However, my belief is that the individuals rights (in this case fair use) should out weight the corporations, or even the artists.

  7. Yes by thehickcoder · · Score: 1

    Yes, for the following reason: Any DRM would involve someone else having control over what a piece of hardware that I own could and could not do. I paid for it, I should be the one deciding what it should and should not do.

    DRM is like a car that is speed-limited at 65 mph. It can go faster, but it just refuses to. Nobody wants that.

    1. Re:Yes by rilister · · Score: 3, Insightful

      I disagree with your analogy. Limiting a car to 65mph is a bad idea because under certain circumstances it would be unsafe. Trying to accelerate away from a 16 wheeler losing control on the freeway and failing would be, um, disappointing. This notional system (I'll get to this is a sec) for preventing anyone from *only* illegal copying is pretty hard to object to.

      The question is a great example of a straw-man argument. IF you could make a DRM system that would *only* limit illegal copying and not impact you in *any* other way, would you support it? I can't imagine a sensible negative response that isn't basically "but I like getting music for free".

      But the assumption in the question is fundamentally a lie. It's not possible: no-one knows how to do it without affecting fair use, or imposing a crazy authentication burden to the user, and it won't be possible any time soon.

      If someone asks a question like that, you know the next step is that they offer up some scheme of theirs that they claim meets that criterion, but it's always a flawed approximation.

      I don't object to Utopian DRM. That would be fine. I don't object to Utopian Communism or Utopian Freemarket Anarchists either, but they just don't work in practice.

      --
      'This writing business. Pencils and what-not. Over-rated if you ask me. Silly stuff. Nothing in it' - Eeyore
    2. Re:Yes by Anonymous Coward · · Score: 0

      I think your points are very insightful and raise another interesting issue: Intellectual Property laws have historically been somewhat amorphous in terms of how they have been interpreted. What may be regarded as "fair use" today may not be so in the future and vice versa. However, DRM schemes, once implemented, may not be as flexible. Moving forward, if society changes how it feels about what constitutes "fair use," I wonder how it will address those works which have been locked into, now unpalatable, DRM schemes?

    3. Re:Yes by Rob+Y. · · Score: 1

      There *kind of* is a DRM system like that. It's called physical CD's and DVD's. You can copy them, but if they were reasonably priced, why bother. At $10 a pop, I wouldn't think twice about buying a CD, but at $18, I feel ripped off, and if a friend has a copy...

      The media companies think they can make more money by selling the pure bits over the internet than by manufacturing and shipping physical CD's, but how important is that really to the average consumer? All of the music on my iPod came from CD's. The only advantage to digital downloads from iTunes is the ability to buy single songs for a reasonable price. And most iPod owners that take advantage of that ability don't seem to mind that there's a DRM downside to it. It's a pretty nice balance.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
  8. a fantastic analogy by ILuvRamen · · Score: 4, Interesting

    If 1 in 100 people does something bad with a gun, we all still get guns. If 1 in 100 people (probably less actually) illegaly copies and uploads or sells a movie or song, we all get super restrictive DRM. Apparently greed is more important than safety.

    --
    Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    1. Re:a fantastic analogy by Anonymous Coward · · Score: 0

      just so you know, In Many places Guns are "super restricted". not the best analogy you've got going on here.

    2. Re:a fantastic analogy by CaffeineAddict2001 · · Score: 1

      That is a horrible analogy.

      If 1 in a 100 people were doing something bad with a gun you can bet your ass we would have martial law declared.

      Almost everybody I know has copied something illegally at some point in their lives.

    3. Re:a fantastic analogy by Anarke_Incarnate · · Score: 1

      They are still restricted in an "illegal" way. "Shall Not Be Infringed" somehow means "but only if we TOTALLY infringe" to some people who can't read that the 2nd Amendment is talking about militias in the context as the free people's will to protect themselves from aggressors foreign and domestic.

    4. Re:a fantastic analogy by Anonymous Coward · · Score: 0

      Sadly, at this point in time I'm glad I'm getting old and will be dead soon, because _EVERYTHING_ is becoming about greed. _NOTHING_ELSE_ matters. And that is a truly sad statement about our time.

    5. Re:a fantastic analogy by KenAndCorey · · Score: 0, Offtopic

      I don't remember my country having a 2nd Amendment. You must be thinking that United States == Whole World.

    6. Re:a fantastic analogy by CaffeineAddict2001 · · Score: 1

      That statement has been made by old men since the beginning of time. There is nothing special about our time.

    7. Re:a fantastic analogy by cliffski · · Score: 1, Insightful

      and yet who gets yelled out? the guys using DRM to protect their hard work from being freely taken? or the leeching scum who copied and distributed someone elses work knowingly?
      Yup, its the content creator who gets criticised, never the pirate.
      Strange.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    8. Re:a fantastic analogy by ScentCone · · Score: 3, Informative

      If 1 in 100 people does something bad with a gun, we all still get guns. If 1 in 100 people (probably less actually) illegaly copies and uploads or sells a movie or song, we all get super restrictive DRM. Apparently greed is more important than safety.

      Oh, please. In the US, there are untold millions of firearms in private posession. Only a miniscule fraction of those are every use to do "something bad," and most of those are used by someone who stole it or has it illegally. As a ratio, many more people do "something bad" in their disregard for the copyrights of the artists that they claim to respect. We have untold millions of people who've ripped off their entertainment - and that's a significantly different scenario. Incidentally: if you "do something bad" with a gun, it's likely off to jail with you. If you do it frequently or badly enough, it's a lifetime there, or the end of your life. You certainly don't get to go legally owning another one once you've done your felony time.

      Not really a good analogy, and not at all fantastic. The firearms industry is one of the most heavily regulated in the country. Manufacturers, dealers, repair shops, owners, shippers, airlines - they all have a myriad of laws, regs, and practices they must follow to stay legal. I'm guessing that's not part of you world, or you'd know that.

      --
      Don't disappoint your bird dog. Go to the range.
    9. Re:a fantastic analogy by collectivescott · · Score: 3, Insightful

      The difference is, there isn't ONE pirate to criticize, but there is just ONE artist or company that makes the decision to use DRM.

    10. Re:a fantastic analogy by Anonymous Coward · · Score: 1, Informative

      I'm completely against DRM, but you need to be fair in your analogy. The gun example is probably closer to 1 in a million, and the copyright media is closer to 1 in 2. That's a big gap.

    11. Re:a fantastic analogy by CaffeineAddict2001 · · Score: 1

      The only ones who complain about DRM are the legit users. Pirates actually enjoy cracking DRM.

      Here's a little business tip: Don't treat all your customers like thieves.

    12. Re:a fantastic analogy by Faylone · · Score: 1

      Quick! We better get off his lawn!

    13. Re:a fantastic analogy by Anarke_Incarnate · · Score: 1

      Don't you worry. When we invade you next, you'll take part in our freedom to not have any freedoms.

    14. Re:a fantastic analogy by BillyBlaze · · Score: 1

      The pirate is (potentially) hurting the middleman and the artist. The middleman is retaliating against everyone.

    15. Re:a fantastic analogy by neomunk · · Score: 1

      Sure there is! This is the age that you don't have to know the guy that makes your food, sells you your food, even the guy that makes your food.

      The point of the food rant is that we are more disconnected from each other now than at any other point in human history. And spare me the 'small world' crap because planes, telephones, internets and fax machines do not bring people closer, they just make you have a great number of increasingly anonymous people that seem to be nothing but resources.

      In the ages past we NEEDED the support of a real community to survive. No longer, and this has had a separation effect on us that leads exactly to what the GP was talking about.

    16. Re:a fantastic analogy by CaffeineAddict2001 · · Score: 1

      He said greed. He didn't say anything about isolation.

      In any case spare me the 'the world used to be a tight-knit community' crap. That was never true and only exists in romanticized portrayals of the past (usually by old men reminiscing about their youth). There were large cities and small towns just like there were today. Gemeinschaft and Gesellschaft was not a new concept in 1912 and it still isn't today.

    17. Re:a fantastic analogy by Chandon+Seldon · · Score: 1

      You say this as if there was something wrong with fixing the DRM and sharing a clean and useful copy of the data...

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    18. Re:a fantastic analogy by Anonymous Coward · · Score: 0

      No he's correctly assuming an America audience, as this is an American site. International readers are welcome, but they are not the target audience.

    19. Re:a fantastic analogy by ILuvRamen · · Score: 1

      if U look on bittorrent and p2p programs, there's like 20 people who upload any movie tops and most don't do it in an uncorrupted, playable form so that's like 1 in a lot for how many copies are out there. Songs it's a bit more lol

      --
      Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    20. Re:a fantastic analogy by Junior+J.+Junior+III · · Score: 1

      On the other hand, if 19 people do something bad with box cutters, we all don't even get perfume or nail clippers. The law's fucking insane.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    21. Re:a fantastic analogy by cliffski · · Score: 1

      Its not yours to share. You cant take other peoples work and distribute it to people. What part of this do you not understand exactly?
      If you feel so strongly about DRM, feel free to go make YOUR OWN content, and you can make it DRM and open source, or freeware or whatever rocks your boat. I just don't understand where you think you are born with the right to take other peoples content.
      Theres no law against you giving away content that you create for free. Funnily enough, the vast majority of creative people need to eat, and have bills to pay.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    22. Re:a fantastic analogy by Spyder_Snyper · · Score: 1

      Why? Why are we "ripping off" the artists that we claim to respect? Honestly, I don't think I am. For the most part, the artists make pennies on the sale of a CD. And I'm not even "stealing" a full CD. Just a song or 2. So I'm "ripping off" my artist by fractions of a penny. Nah, that's not ripping off. I am, however, ripping off these huge evil corporations. And that, I fully support. If the debate is based on whether or not my favorite artist gets my money, well, the artists get their money from concerts. If the bands didn't suck, they would get more people at their concerts, and then they'd get more money. Either way. If I want to support my favorite artist, I will download their entire discography, not pay a cent for it all (just to show how much I agree with them that these recording companies are mostly pure evil), and then go to their concerts or live shows. THEN they'll be getting my money...

    23. Re:a fantastic analogy by Rudd-O · · Score: 1

      Naaah, hardly. The second amendment won't be implanted on American-colonized countries. Why? Because the new moral fashion is "guns are dangerous things that only wackos yearn to carry around, and turn regular law-abiding citizens into raging, irresponsible monster murderers... or even worse, rappers!". And, as you probably already know, when fashion and reasoning are pitted against each other, fashion wins.

      Ah, the tyranny of the majority.

      --
      Rudd-O - http://rudd-o.com/
    24. Re:a fantastic analogy by Rudd-O · · Score: 1

      Naaaah, what happened is two decades of laissez-faire parenting creating an entire generation of pussified morons incapable of coherently defending what they're entitled to.

      --
      Rudd-O - http://rudd-o.com/
    25. Re:a fantastic analogy by Rudd-O · · Score: 1

      That's because Washington's and Jefferson's time travel machines were out of electricity the day they had to write amendment three.

      They should have had a bit more moonshine when they wrote that document :-D

      --
      Rudd-O - http://rudd-o.com/
    26. Re:a fantastic analogy by Speck'sBacon · · Score: 1
      Fixed your post. :P
      I am, however, ripping off these huge evil corporations.
      ...
      Either way. If I want to support my favorite artist, I will download their entire discography, not pay a cent for it all (just to show how much I agree with them that these recording companies are mostly pure evil), and then go to their concerts or live shows.
      Which you'll attend by paying large sums of money to a "huge evil corporation" like TicketMaster.
      THEN they'll be getting
      ...pennies on the dollar of...
      my money...
      :D

      Do you want the truth? Many artists don't get their fair cut from the record company. But the solution to this is for artists to distribute their music to paying customers directly, and those customers to honor the spirit of the artist's copyrights, as the indie music scene has done for years, and the internet helps make wider distribution possible. A friend of mine is heavily involved in the online indie music scene, and huge critic of the RIAA and MPAA's abusive DRM schemes. But the way to beat them is to not patronize them, if you feel that strongly about it. Free market FTW.

    27. Re:a fantastic analogy by Anonymous Coward · · Score: 0

      What the fuck are you talking about? "If 1 in 100 people does something bad with a gun, we all still get guns." That's the most asinine statement I've ever heard. Have you ever heard of gun control? And where did you get that statistic from?

      Fucking ridiculous.

    28. Re:a fantastic analogy by ScentCone · · Score: 1

      Why? Why are we "ripping off" the artists that we claim to respect? Honestly, I don't think I am. For the most part, the artists make pennies on the sale of a CD. And I'm not even "stealing" a full CD. Just a song or 2

      Is that how you'd explain it to the artist, face-to-face? You know, the artist that chose to do business with the publisher/promoter handling her work? As so many people point out, there are plenty of other choices for artists. And many of them choose to let professionals handle their business matters and their publishing. They choose that arrangement. You are telling her that you know better than she does, and so despite her having presented her work in a way that involves you buying a tune from iTunes, or a CD from Amazon, you're deciding that the buck-and-change she'd make is something she doesn't deserve. That's fine - maybe she doesn't. But you can't have it both ways. You can't say you respect the artist, but then look them in the eye and tell them that you're going to reach around the offer they're making and just take their work without paying what they ask. That's total intellectual dishonesty. Show some integrity and either don't listen to her music, or consume it in the way she's choosing to sell it to you.

      --
      Don't disappoint your bird dog. Go to the range.
    29. Re:a fantastic analogy by Chandon+Seldon · · Score: 1

      The artistic works of Humanity are an important element of our cultural heritage. Naturally, they are a public resource - available to all to enjoy, share, and use as a basis for new works of art.

      Due to our specific history, we currently have copyright law. This class of law was instituted for one reason, preserved for others, and is promoted for still other reasons. In any case, the basic premise today is that authors are granted exclusive right to the profits from their works for a limited time in order to promote the creation of such works. After this limited time has passed, these works are to revert to their natural state - the public domain.

      Copyright law today has overreached its basis. Instead of providing a monopoly on profits, it squelches free cultural exchange. Instead of lasting for a limited time, it lasts for nearly seven generations.

      Very simply, NO ONE has the right to say that an artistic work cannot be shared and enjoyed. Not the author, not the publisher, not the government. Artistic works are part of our shared cultural heritage; if the author didn't want people to enjoy their work, they shouldn't have created it.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    30. Re:a fantastic analogy by Spyder_Snyper · · Score: 1

      Choice eh? So you think that all artists choose to do business with those corporations? Ok, fine. Maybe they chose to go to that specific one, but what were the other choices? So you have option 1 of an evil corporation that offers a ridiculously constrictive contract, or option 2 of a different evil corporation that offers an ever so slightly less constrictive contract. So yeah, they chose that one corporation, but what were the other choices???

      And for ticketmaster? Funk dat. Who goes with ticketmaster nowadays anyways? Oh yeah, all those sellouts that get their money regardless. And there's other methods of giving them my money.

      And yes. I actually HAVE told one of my favorite artists that I downloaded all their music without paying for it. But I paid cold hard cash to see them live. They hate their company because they don't get nearly as much money as they were told they would. And after having that conversation, I was told by my favorite band that they don't want me to buy their music anyways. And that all the money they make is from concerts and live shows.

      And THAT is my point...

    31. Re:a fantastic analogy by cliffski · · Score: 1

      bullshit. lets say you build sailboat in your back garden, am I entitled to use it? what's so flipping *magical* about music, games and movies that somehow people think they are born with a right to take those works for free?
      What I do in my own time, on my own property, with my own effort is MINE. I don't need some hippie philosopher to tell me that ideas I have in my head automatically belong to everyone else.
      This is the kind of immature argument often made by kids living in their moms basement. Once they grow up and get a job, you look upon being compensated for your work very differently.
      If YOU want to go create some 'cultural heritage' and release it for free, nobody is stopping you.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    32. Re:a fantastic analogy by Chandon+Seldon · · Score: 1

      What I do in my own time, on my own property, with my own effort is MINE.

      I agree. And the minute a copy of your work becomes someone else's property, it's theirs. I own my mind, and all the knowledge within. I own my hard disks, and all the data on them. I own my bookshelf, my books, and all the writings inside. Anything else is an unnatural absurdity.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    33. Re:a fantastic analogy by cliffski · · Score: 1

      You realise what you are describing is communism right?
      Fine, if you like that kind of thing, North Korea would love to have you as a new citizen.
      I look forward to laughing my socks off as you explain how your ideas are *not* communism.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    34. Re:a fantastic analogy by Chandon+Seldon · · Score: 2, Insightful

      You realise what you are describing is communism right?

      Wait a second... how is me owning my stuff communism?

      I own a book, a pen, and a piece of paper. Anything I chose to do in my home with those items is my business. Not only do I have a right to copy text from my book onto my piece of paper with my pen, you don't even have a right to come onto my property to find out that I've done so - much less tell me I can't do it.

      Copyright, in the sense of authors having full control over the use of their works, can't exist in a free society. In order to have an enforceable law that would prevent me from copying my book with my pen on my property, there would either have to be a restriction on pens or I'd have to be under constant surveillance in my own home. Those are clearly unacceptable, so copyright law that prevents personal copying is absurd.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  9. Worthless question by nurb432 · · Score: 4, Insightful

    That is a worthless mental exercise as there is no way that DRM can be there and it not be 'in the way'.

    By definition DRM would cause issues with legit useage.

    DRM is wrong, in any form.

    --
    ---- Booth was a patriot ----
    1. Re:Worthless question by Methlin · · Score: 1

      Not only that, it assumes that any DRM scheme could actually work. The "consumer" is always in possession of the protected content and the keys to unlock it.

    2. Re:Worthless question by sxtxixtxcxh · · Score: 0

      no... by definition DRM causes issues with illegitimate usage. it's the definition of legitimacy (and the entity responsible for defining it) that is the problem.

      --
      for a minute there, i lost myself...
    3. Re:Worthless question by Anonymous Coward · · Score: 0

      "That is a worthless mental exercise as there is no way that DRM can be there and it not be 'in the way'."

      Silly, the post is talking about magic DRM. You know, the kind that exists only in fantasy land and fairy tales. Surely you didn't think it was DRM that could possibly be implemented by the MPAA/RIAA did you?

    4. Re:Worthless question by Hijacked+Public · · Score: 1

      It is also worthless in that there is currently DRM out there that is much more restrictive than proposed in the article and people are buying the hell out of it, and have been for quite some time.

      The thoughts of a relative handful of geeks who have an idealogical disagreement with DRM aren't going to influence the masses.

      --
      "Sacrifice for the good of The State" - The State
    5. Re:Worthless question by MrResistor · · Score: 1

      no... by definition DRM causes issues with unauthorized usage, plenty of which is perfectly legitimate as defined by the law.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    6. Re:Worthless question by Technician · · Score: 1

      By definition DRM would cause issues with legit useage.

      I prefer the term, "incompatible". DRM simply makes media incompatible with most devices. If it were any other way, it would not be effective DRM.

      Look at the new Vista OS and the new HD content. Notice the sheer volume of incomptabile high defenition displays there are. Notice the number of incompatible DVR's there are.

      Any questions?

      DRM = mostly incompatible by design. No thanks!

      --
      The truth shall set you free!
    7. Re:Worthless question by sxtxixtxcxh · · Score: 0

      no. you see, the law ALSO defends the contracts made between the content provider and the consumer. it's perfectly legal to be sued for breaking the contract. if you don't like the terms set forth in the contract, don't agree to it.

      --
      for a minute there, i lost myself...
  10. 'full legitimate usage' by AtariDatacenter · · Score: 1

    I think the definition of that term needs to be explored more.

    Can I sell it?

  11. Sure, if the Reasonable Price is Zero... by Anonymous Coward · · Score: 0

    I can get all the content I want for free off the Internet. So the reasonable price has to be zero, too.

  12. DRM is ok. by Thansal · · Score: 1

    To me, there is nothing wrong with wanting to protect your stuff (movies/videogame/music/whatever).

    If you could some how make a DRM scheme that did not inhibit ANY legal use of the media then I am all for it. Then again in a perfect world people would not steal from other people and there would be no need for DRM.

    The only problem then is: What is the deffinition of legal use? (this is ignoring the fact that I don't think this type of DRM would be possible with out including something that is equaly intrusive)
    IANAL, however what I have seen stated is that the idea of fair use is not exactly clear, and is all based on precedent (and precedent CAN be over ruled).

    --
    Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
  13. you don't understand by Kohath · · Score: 1, Flamebait

    You don't understand the motivation.

    The groupthink is:
    - Hate corporations
    - Hate DRM
    - Download all your media for free on the internet. A reasonable price is $0.

    So the answer is yes. All DRM is bad unless RMS writes it and it allows us to get all our entertainment media for free on the internet. If people from corporations are maimed or killed by this DRM somehow, then Slashdot might be OK with it. As long as it runs on Linux and there's source code available.

    1. Re:you don't understand by Abcd1234 · · Score: 0, Troll

      Oooh, look at you! So brave, fighting the good fight against those copyright hating, communist loving hippie slashdotters! Man, you're a fucking hero. Truly a modern Robin Hood, fighting for those poor, helpless corporations and their downtrodden shareholders.

    2. Re:you don't understand by Anonymous Coward · · Score: 0

      You know, I thought the same thing you thought until I actually listened to some of the points made by some of these people.

    3. Re:you don't understand by AugustZephyr · · Score: 1

      I will echo the opinion of the parent with one caveat. No maiming or killing is necessary. If those that the DRM is written against (read media pirates) stop attempting to circumvent the DRM or downloading DRM-free media, then the use for DRM is pointless. If everyone would just purchase music, movies, etc. the the **AA MIGHT stop trying to control it's copyrights with such vigor. In other words: the fight for or against DRM is a two-way street and there are two sides to this story.

    4. Re:you don't understand by Jeremy+Erwin · · Score: 1

      The central tenet of the free software movement is not "slavish dedication to RMS's whims." It is that software should not be designed in a manner that restricts our ability to tinker-- to enhance, fix bugs, and redesign according to our own dictates, and not according to the whims of others. Accordingly, there should exist software that reflects that ethic.

      Most of the DRM schemes are incompatible with a free operating system. Many require that signed drivers be used. This would tend to restrict the right of the owner of that system to hack the driver, so as to add features or remove bugs. A user would have to rely on the creativity and expertise of another individual, and not on his own programming skills.

      RMS may be a good programmer, and a charismatic philosopher, but the decision to follow his dictates must be based on whether his arguments are sound. Blind obedience to RMS is just as distasteful as blind obedience to Microsoft, Apple, MPAA, the RIAA..

      I can see a future in which DRM actually succeeds. Unfortunately, it would come at the cost of anonymity. (universal digital signatures-- if you wanted to install your own drivers, the drm system would accept your personal signature, and embed it in a watermark. Piracy could be traced, copyright violations prosecuted, but noninfringing use would remain.)

    5. Re:you don't understand by Rudd-O · · Score: 1

      You nailed it, pal!

      (actually, you cracked me up. but I'm assuming you spiced your comment with a generous amount of sarcasm, just like I did with the sentence above.)

      --
      Rudd-O - http://rudd-o.com/
  14. Omniscient DRM? by TheWoozle · · Score: 2, Funny

    So, basically, you're saying that if God were DRM, would we be philosophically opposed to it?

    Seeing as how this is Slashdot, I think I know the answer to that one.

    And in any case, if DRM were God, if it was working right, we wouldn't even know it was working at all. ;-)

    --
    Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
    1. Re:Omniscient DRM? by Anonymous Coward · · Score: 0

      Even better ........ if god were DRM, there would be no DRM, it'd just be a dlusion of certain groups of people.

    2. Re:Omniscient DRM? by Anonymous Coward · · Score: 0

      Love Futurama references.

  15. Good question by jimstapleton · · Score: 1

    To me, no, DRM is not, in pure concept bad. But in any resonable execution given modern tech and technological interfaces, it has no choice but to be bad.

    Were a DRM soltuion introduced that ONLY prevented unlawful distribution, but allowed other legitimate uses (such as format/time shifting, playing on any device that stored that could play that classification of media, etc.), without having to give all kinds of personal data to the reps, or carry around large quantities/weights/volumes of DRM gagetry with you... then yes, it would be perfectly acceptable.

    not gonna happen.

    --
    34486853790
    Connection too slow for X forwarding? Try "ssh -CX user@host"
  16. No. by Penguinisto · · Score: 3, Interesting
    Why should consumers be forced to waste resources that they paid for?

    Seriously - while most users never come near the limits of what their computer can do, I have spent a ton of time waiting for 3d renders to finish thanks to a maxed-out CPU. Since any real enforceable DRM requires a bit of 'assistance' from hardware, that's just that many more CPU cycles (or GPU cycles, or ...? depending) wasted on DRM that I could be putting to good use.

    I buy computers on a price/performance measure - how much performance per dollar can I get is my metric. Why should I be forced to accept a lowered ratio because someone else decided that I (or any given user) could, in their eyes, potentially be a dirty little copyright pirate?

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:No. by Rudd-O · · Score: 1

      You're not forced to. It has five letters. It's called Linux.

      --
      Rudd-O - http://rudd-o.com/
    2. Re:No. by Penguinisto · · Score: 1
      You are, if it's in the hardware. Just because the OS doesn't use it doesn't mean the BIOS isn't keeping it running. (and yes, I use Linux).

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  17. Ask for the moon while you're at it by Daniel+Dvorkin · · Score: 1

    a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying)

    If there were such a thing, maybe so. But I'd also support a medicine that cured every disease known to man without any side effects. Let me know when you come up with that, okay?

    Also, while DRM itself is not necessarily distasteful, the enforcement of IP law, in its current form, really is. The penalties for breaking this ideal DRM scheme of yours (and it would be broken, count on it) should not involve jailing people for distributing CD's or suing folks who have to live in public housing into oblivion. Otherwise, it's just as evil as anything the RIAA/MPAA/BSA are pushing.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  18. Copying Cannot be Controlled by Renegade+Lisp · · Score: 4, Insightful

    I can't help it, but the way this question is asked, it sounds very "official" to me. As if somebody in a big media corporation or record label wanted to find out what the masses think, or some such... But nevertheless, here's my two cents:

    I don't think there can be any such thing as "illegal copying". Copying is a fundamental operation of any computer, and the internet means we can copy world-wide, instantly, at zero cost. Any mechanism that tries to make this impossible is trying to set the clock back to before the internet age. As many DRM-opponents have pointed out, trying to control copying in such a world amounts to establishing a police-state, no less.

    The consequence is that artists, and distributors (in whichever form we may still need them), need to be paid by other means, NOT by the number of copies they distribute, NOT bound to the act of copying.

    One idea is voluntary payment (think Magnatune). Another idea is that musicians, in particular, can shift to other means of generating income, e.g. concerts, public performances.

    The economy is going to change. It has to, because copying can no longer be controlled. Altogether, this is a good thing, but it can turn into a very bad thing if people try very badly to keep this from happening.

    1. Re:Copying Cannot be Controlled by mdielmann · · Score: 1

      I don't think there can be any such thing as "illegal copying".

      Of course there can. Ever hear of something that can otherwise be described as "illegal collecting"? Most people know it as theft. The problem is, some things are theft, some aren't. Curbsiding isn't theft. Gifts aren't theft. Purchases aren't theft. Picking unprotected flowers from government property isn't theft. But there is still this thing called theft. It is illegal to broadly distribute someone else's copyrighted work, not unlike "illegally copying" secret documents from a government research lab. But, just like there are legal reasons to copy those secret documents in a research lab, there are legal reasons to copy copyrighted works. The difference is in many cases the purpose for copying, and coding in exceptions is a neverending task.

      --
      Sure I'm paranoid, but am I paranoid enough?
    2. Re:Copying Cannot be Controlled by Anonymous Coward · · Score: 0

      Still, I don't see how that responds the grandparent. Copying is not theft. Few would report to the police if someone copied from them, but almost all will report a theft.

    3. Re:Copying Cannot be Controlled by Rudd-O · · Score: 1

      Dude, you're implying copyright infringement is theft. IT'S NOT.

      --
      Rudd-O - http://rudd-o.com/
    4. Re:Copying Cannot be Controlled by mdielmann · · Score: 1

      No, I'm stating it's illegal, in some cases to the same degree as theft thanks to the DMCA. And that intention and circumstance are factors in determining whether both of those are legal or not.

      --
      Sure I'm paranoid, but am I paranoid enough?
    5. Re:Copying Cannot be Controlled by jelton · · Score: 1

      I'm trying to stay out of the way and let the community debate this one, since I posed the initial question, but I'll respond to this for clarity. I'm a political science student who's planning on attending law school to study intellectual property and media law. If it sounds like an "official" wrote the initial question, it is only because, (a) I'm used to framing these types of questions and debates for papers and (2) it was the only way I could come up with to posit the question in as neutral a way as possible.

      On a side note and violating my pledge to stay out of the way, I'll add that I see this question as potentially helping to clarify what I see as the two cheif arguments against DRM: Consumer protection concerns and freedom of speech issues. Now, I'll get back out of the way for a bit.

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
  19. full legitimate usage by needacoolnickname · · Score: 1

    "full legitimate usage" is very subjective.

    I am guessing this is based on what the content creator thinks and varies greatly.

    It seems most people are for free stuff until they begin losing money.

  20. No DRM by Anonymous Coward · · Score: 0

    I wouldn't support DRM. I beleive that when I buy hardware I can do what I like with it, I think there should be a push to more open and modifiable hardware. So much of our digital devices could avoid obsolesence and be given more power beyond the manufacturers original intent for the device simply by allowing third parties to develop and distribute free software intended for the device. From a practical stand point, DRM is messy, it's requirements for the use of media, including using only approved propriatary and over priced devices seems to me to be completely against the "open" ethos that so many of us embrace. I don't think the push for "open" devices, software, and standards is in the least bit overrated, it gives the consumer more power of the devices they purchase, if the sacrafice for those privledges is the inability to play media by short-sighted content distributors, so be it, eventually those companies will either come around, or we'll make do without their material.

  21. There's a difference? by Shadowplay00 · · Score: 1

    After years of 99.9% OSS usage, I now find myself banging my head against commercial software restrictions, licensing schemes, etc. To hell with Stallman's principles, I want my easy-to-deploy-and-manage OSS back!

  22. it depends by Helix150 · · Score: 1

    I agree with the previous poster that its use or disuse should be up to the artist. That said, I personally refuse to BUY anything which is DRM'd.

    I believe DRM is fine for rental systems or subscription music where you lose your rights to the music when you stop paying the subscription.

    But if I BUY something, I expect it to become mine. DRM as a concept prohibits this- I do not have control over what I buy so it is not mine. I don't mind watermarking or somehow identifying my copy uniquely as long as it does not impact the quality of the product. But if I pay for something, I expect to own it. Just as someone who buys a car expects to be able to change their own oil, or junk it or sell it for parts- I expect to be able to copy/backup the file as I see fit and play it on any device i damn well choose to. DRM is fundamentally incompatible with this.

    So short answer- yes I would pay for DRM subscription content like rhapsody. But NO, I would not pay for DRM music that I 'Buy'.

    --
    --IronHelix
  23. Stupid question. by MustardMan · · Score: 5, Insightful

    I hate these impossible hypothetical questions. Technical solutions to social issues are inherently flawed. The problem with DRM isn't the technology - it's the corrupt legislation like the DMCA, which makes it illegal to circumvent the DRM. It's utterly impossible for technology to know the difference between legal and illegal, unless you change the laws to define what's illegal based on the technology.

    It's like that stupid discussion that was going around the internet about a plane on a treadmill - at the very core it's a flawed question, and just encourages idiotic discussion about meaningless "what if"s

    1. Re:Stupid question. by Anonymous Coward · · Score: 0

      It's utterly impossible for technology to know the difference between legal and illegal

      that was my immediate question on reading the post: how on earth would you tell the difference between "illegal" copying and the copying that's involved in all the legal activities listed (format shifting, time shifting, playback on different devices, etc.)? what's proposed in the post is not possible because it's self-contradictory.

    2. Re:Stupid question. by Anonymous Coward · · Score: 0

      My take on DRM and the DMCA upon which it derives it's legitmacy is a simple comparison to the the daily newspaper. When I buy a newspaper, I own it. Is it a copyrighted work? Yes. Can I cut a picture out of the paper? Can I cut a recipe out of the paper? Can I enter the box scores from a sporting event into a spreadsheet? Can I cut out coupons? Can I copy an article on a copy machine? The answer is yes every time, for my personal use. Why is the law different for audio and video media.

  24. Yes... if they could make it reasonable... by kiljoy001 · · Score: 1

    I would support something like this - if it was fair. Give me a DRM scheme that allows me to register my devices (computers, players, etc.) that allows for unlimited copying & play back on devices that originally did not or cannot support it, it would be awesome. Of course such a scheme would make one song ballon up to double or triple the size of a normal mp3/aac/ogg file... but I digress...

  25. Ver-ry distasteful, but also stupid by Yurka · · Score: 2, Insightful

    DRM, in whatever form, is intrinsically self-contradictory; remember the analogy with handing someone both the lock and the key and then expecting them to only use what they've been given in the approved manner. I therefore would (and do) object to it on the grounds that it is a bloody boneheaded thing to spend efforts and money on. We've got enough stupidity in the world as it is.

    That's provided, of course, that we are not talking about hardware-based DRM, but the question seems to exclude that.

    --
    I can assure you, the best way to get rid of dragons is to have one of your own.
  26. There is no "good" DRM by rudy_wayne · · Score: 5, Insightful
    there is no way that DRM can be there and not be 'in the way'
    Exactly right. There no way that DRM can magically determine the difference between "legal" and "illegal" copying.

    1. Re:There is no "good" DRM by Isao · · Score: 1
      Discussion point: Watermarking.

      Say you purchase an audio track - it's watermarked with an identifier tying it to you. If you give it to a buddy, no problems. If you use it in a class, no problems. No one else is likely to see it. If you post it to a P2P site, the RIAA can grab it, see whose copy got free, and come to your door.

      What are the problems with this scheme? Dr. Felten's work aside (stripping watermarking), it has a chilling effect on sharing - because you have to trust the recipient to not share it out. You'd be the one getting burned.

      Anyone else have some thoughts on watermarking?

    2. Re:There is no "good" DRM by lomedhi · · Score: 1

      Especially if laws can change after publication.

      --
      Did you say "insightful" or "inciteful"?
    3. Re:There is no "good" DRM by userlame · · Score: 1

      Duh. Just set the evil bit on illegal copies.

    4. Re:There is no "good" DRM by Kanasta · · Score: 1

      Cranial implants.

      Which answers the question, YES, DRM must be Intrinsically Distasteful even if it allowed full legitimate usage.

  27. Sure... by PFI_Optix · · Score: 1

    I really don't see how anyone could object to DRM if it only prevented illegal copying.

    Of course, I can't imagine a way to make it work that wouldn't be so intrusive that I wouldn't use it.

    --
    120 characters for a sig? That's bloody useless.
    1. Re:Sure... by Grail · · Score: 1

      DRM will usually require some piece of software. That means that - for example - if you release your DRM system to support Microsoft Windows XP, the DRM will probably break (ie: not allow me to do what I am legally allowed to do) on Microsoft Windows Vista. Or what if the DRM system is a Universal Binary today, then in three years time Apple changes platform to UltiProcessor, and the DRM system no longer works on the UltiProcessor?

      Some people will suggest a system where we pay a copy tax on blank media. This benefits noone but the big corporations - the small artists who will be proportionally copied more will not get the royalties they're due from the system. People who use their blank media for data backups or recording their own original work will be punished, and in the end the only people who get the money are the artists in the top 40 and the various publishing houses that support them (not to mention the people doing the job of collecting and distributing the copy tax).

  28. I don't know exactly. What do you think? by zappepcs · · Score: 5, Insightful

    Is DRM Intrinsically Distasteful?
    Would a monitor and speed regulator on your car be Intrinsically Distasteful?
    Would a monitor that reports your TV viewing habits to the govt. be Intrinsically Distasteful?
    Would a monitor that only allows you to buy certain foods be Intrinsically Distasteful?
    Would a police force that inspects your home every day to ensure that you are not harboring criminals be Intrinsically Distasteful?
    Would a monitor that ensures you don't cook microwave food on the bbq be Intrinsically Distasteful?
    This list can go on for a long time...

    Yes, it IS Intrinsically Distasteful?

    1. Re:I don't know exactly. What do you think? by t0rkm3 · · Score: 1

      Interestingly, you happened upon a basic tenet that is espoused in the third amendment.

      Agents of the government, or any institution with governmental power, should not have a presence in your home without cause.

      Therefore, I argue that enforcing copyright law via equipment in the home is unconstitutional, unless the government provides for legal alternatives that do not have monitoring and control of our assets.

      Yes, I know that the EULA allows for monitoring(Windows) or control(CSS), but I would argue that you should not be able to surrender your rights via usage. Precedent is not on my side, but it is an interesting philisophical argument, isn't it?

      Amendment III
      No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

      Amendment IV
      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    2. Re:I don't know exactly. What do you think? by Anonymous Coward · · Score: 0

      This is all BS.

      DRM is not violating your constitutional rights. It's ravings like this that make people in this type of movement look like nutcases.

      While you got modded up for preaching to the choir the bottom line is that others who are fence-sitters are going to have a damn hard time taking it seriously for what it really is.

      you sound like one of the linux fanbois who hardly even run linux but like to shoot their mouth off about it.

    3. Re:I don't know exactly. What do you think? by Anonymous Coward · · Score: 0

      Correct answer: It depends upon the reason.

      There are examples of situations that we give up some freedoms for the greater benefit of all. Life is always a game of balancing the needs of the few against those of the many. For example, I'm against the sale of automatic weapons to teenagers who have previously committed violent crimes with automatic weapons. Thats specific and clear enough to override that individual's right to purchase weapons. Not everything is black and white. If there were sufficient reason and specificity attached to each one of your examples, I can imagine myself and society at large answering "NO!" to each one of those.

    4. Re:I don't know exactly. What do you think? by Oh+the+Huge+Manatee · · Score: 1
      Is DRM Intrinsically Distasteful? Would a monitor and speed regulator on your car be Intrinsically Distasteful?

      If I could choose between paying $15,000 for a speed-regulated Ferrari (capped at 70mph) vs $250,000 for a non-speed-regulated Ferrari, I might feel I was getting good value in exchange for the "regulation."

      If, however, my choice is between non-DRM music for $1/song and DRM-music for $0.50/song, the choice is more difficult. Make it $0.10/song for heavy DRM vs. $1/song for no-DRM, and maybe this will be a compelling choice.

      Since I can't imagine the RIAA lowering the price of DRMed content enough to be worthwhile, I think this discussion will remain wholly theoretical, but I do believe there is at least in theory some discounted price at which DRMed content may be acceptable, as long as non-DRMed content is also available at a correspondingly higher price for those who value it enough.

    5. Re:I don't know exactly. What do you think? by Anonymous Coward · · Score: 0

      you use those big words to make yourself feel special? you know your entire argument is about as intelligent as a rock?

      i've never seen such idiocy from such a dullard.

    6. Re:I don't know exactly. What do you think? by Anonymous Coward · · Score: 0

      Please read the constitution. It says in no uncertain terms that copyrights, if they are to exist at all, are to be for limited duration. Very few if any DRM schemes free up the content they are "protecting" after the copyright on that content has expired. Therefore it's as plain as day that DRM (particularly DRM which is backed by the force of law, e.g. DMCA) does indeed violate everyone's constitutional rights.

    7. Re:I don't know exactly. What do you think? by Admiral+Justin · · Score: 1

      mmm, amemdment iv, the one with the magic word.

      Uneasonable.

      Unreasonable changes over time. At current, unreasonable searches basically don't exist. Courts have managed to justify just about every possible action.

      --
      You will be baked, and there will be cake.
    8. Re:I don't know exactly. What do you think? by AK+Marc · · Score: 1

      DRM is not violating your constitutional rights.

      You are correct. DRM in no way violates any rights of mine. Having the government enforce laws related to me braking DRM, however, is a direct violation of the Constitution. A private company may put DRM on anything they want, copyrighted or not. However, I believe the Constitution prevents the government from taking action against me for removing the DRM and changing it to an open format. But that is not the current case, the government can take action against me for breaking DRM, and that is what is unconstitutional, not the DRM itself.

    9. Re:I don't know exactly. What do you think? by Anonymous Coward · · Score: 0
      Correct answer: It depends upon the reason.
      Yep. In other words, the answer to all those questions is, "No, it's not intrinsically distasteful." Something that's intrinsically distasteful is distasteful regardless of the reason.
    10. Re:I don't know exactly. What do you think? by Anonymous Coward · · Score: 0

      sure. I guess you could say it that way as well. I think they aren't specific enough. With additional supplimentry information, I could say for certain that they were or wernt intrinsicly wrong, but I might just be violating the language english. Englsih, should be named language of unclearity and tworment. Its at this point that I admit its my native language, and shrink away slowly into the shadows of shame that is the cowardness of anonimity.

    11. Re:I don't know exactly. What do you think? by RexRhino · · Score: 1

      Would a monitor and speed regulator on your car be Intrinsically Distasteful?
      Would a monitor that reports your TV viewing habits to the govt. be Intrinsically Distasteful?
      Would a monitor that only allows you to buy certain foods be Intrinsically Distasteful?
      Would a police force that inspects your home every day to ensure that you are not harboring criminals be Intrinsically Distasteful?
      Would a monitor that ensures you don't cook microwave food on the bbq be Intrinsically Distasteful?


      Unfortunatly, that vast majority of people in North America and Europe would say, "YES"! People rail on about DRM, because they are antagonistic towards the big corporations that promote DRM (and I don't blame them). But no doubt something done by the government "for your own good", like monitoring and controlling diet, or observing traffic behavior, or other nannie-state social controls, would have massive popular support.

      I think what the big media corporations need to do is piggyback DRM legislation into hot-button moral-panic issues. Tell people that if DRM isn't present in all media players, that media players will be used by racists to promote hate, be used by pedophiles to exploit children, and be used by terrorists to destroy America! It doesn't matter if there is no truth to any such wild claims, the "think of the children" crowd would be all over anyone who disagreed with DRM... and in 50 years we would learn in public schools that DRM was designed to "protect us from the corporations".

    12. Re:I don't know exactly. What do you think? by Rakarra · · Score: 1
      Since I can't imagine the RIAA lowering the price of DRMed content enough to be worthwhile

      Of course they won't. This is all about putting more restrictions on the existing system rather than offering the user a tradeoff.

    13. Re:I don't know exactly. What do you think? by t0rkm3 · · Score: 1

      I agree. Unreasonable is this question. Time will tell what the answer is. EMI's decision may be leading us in the right direction.

  29. The question is contradictory by Richard_J_N · · Score: 3, Insightful

    Unfortunately, DRM that allows for fair use and for copyright expiration isn't even theoretically possible. Also, even if the DRM rules permitted every reasonable use they could think of, some future development in technology would be sure to clash with it.

    1. Re:The question is contradictory by izomiac · · Score: 1

      It doesn't even have to be future software. I highly doubt that any DRM even could be backwards compatible with every piece of hardware and software that people still use. Case in point, I use the BeOS and still own a RioVolt (early CD-based MP3 player). This question seems almost like "if you could push a button that would end all of the world's problems, but it would kill an innocent child, would you push it?".

  30. Yes - DRM is ridiculous by Red_Foreman · · Score: 2, Insightful

    At the end of the day, if you can hear it, you can record it, and if you can see it, you can videotape it. It might not be a "perfect digital copy", but neither is a lossy format like OGG or MP3.

    Besides, the lack of quality doesn't seem to bother people downloading torrents of a movie some clown recorded with a camcorder, complete with audience noise.

    DRM is a waste of resources that only annoys the legal users of the media.

    The real pirates will find work around. Hardware DRM? Yeah, right, because no one hacks hardware with a soldering iron.

  31. If Frogs Had Wings... by MyHair · · Score: 2, Insightful

    This question is analagous to "if frogs had wings, would they still bump their butts on the ground?"

    Intellectual property is an intangible construct. I don't see much point in discussing "if if if...." Ultimately there is no utopian DRM implementable. Heck, humans can't agree on value judgements...how can an algorithm do better?

  32. DRM is alot like the Justice System by master_kaos · · Score: 0

    To me, DRM resembles the Justice system. It initially started out with good intent - I.E protect the artists (ok ok.. so the label company) to make sure they get their money. However, they kept adding and adding more crap to it, that now all it does is harm the innocent and "protect" the guilty. Any "criminal" can easily still get the songs illegally and hassle free. However the innocent who go out and buy the CD has major compatiblity issues to deal with, rootkits (as in Sonys case), and whatever other crap the record labels decide to infest the CD with. All they are accomplishing is wasting more of their money for R&D and implementing DRM then they save. Pirates will never be stopped. The only people they stop are the complete ammatures who might try to copy their friends cd, but you dont need full blown DRM for that, just implement basic copy protection.

  33. The real answer by rudy_wayne · · Score: 1
    "If digital media was available for sale at a reasonable price, "


    If good quality content is available at a fair price, people will buy it and there is no need for DRM.

  34. In a perfect world, sure by ArcherB · · Score: 1

    Assuming that I could copy, watch, manipulate, change formats, watch on different media players or do whatever I wanted to with (it is mine, after all!) except for distribute illegally. Of course I would support it!

    Of course, this is a pipe dream. Even if all players took a thumb-print to make sure I was the true owner, but allowed me to do all the stuff listed above, I would still need to buy multiple copies of whatever so that my wife and kids could enjoy it without me there to swipe my thumb!

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    1. Re:In a perfect world, sure by gnasher719 · · Score: 1

      '' Assuming that I could copy, watch, manipulate, change formats, watch on different media players or do whatever I wanted to with (it is mine, after all!) except for distribute illegally. Of course I would support it!

      Of course, this is a pipe dream. Even if all players took a thumb-print to make sure I was the true owner, but allowed me to do all the stuff listed above, I would still need to buy multiple copies of whatever so that my wife and kids could enjoy it without me there to swipe my thumb! ''

      And even when you're dead and gone, they would make sure they got hold of your thumb.

  35. What? by Anonymous Coward · · Score: 0

    Why are format, time, and device shifting considered legitimate uses? There was a time when DRM technology prevented most illegitimate copying, and that was at some point before the invention of the mimeograph, when one would need to own a full printing press and would have to spend time typesetting to copy a book, making any sort of bootlegging or sharing rather obvious. There was nothing impractical about that, it was simply reality, and if anyone disagreed with it and felt they should be able (and allowed) to easily make a copy, then they were simply flouting the principle of copyright protection.

    So what's any different now? If you think you should be allowed to infringe copyright just because it's easier, then you must not understand the reason for the institution of copyright, i.e. providing a limited right of ownership as an incentive for making creative works available to the public, rather than keeping them under tight private control.

    1. Re:What? by GigsVT · · Score: 2, Insightful

      Times have changed. We have the very real possibility of putting a huge library into a tiny server now, and duplicating the entire library in hours for the cost of another $2000 server. Millions of books, audio, video, all in a tiny box.

      For the law to say that we can't use this technology for good purposes is untenable. Copyright law allowed us to have public libraries where anyone could go utilize any work that the library could afford. The public library is a dead concept now, it has moved into a digital world.

      To say that information should not be freely available isn't maintaining the status quo, it's a radical position advocating the elimination of free access to information that everyone enjoyed for hundreds of years. The status quo is maintaining the free access to information that has been there from the beginning.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  36. Assumed guilt by Anonymous Coward · · Score: 0

    The problem with DRM, like many things in this country lately, is that you are assumed to be guilty by default.

  37. This Scheme Already Exists by gbobeck · · Score: 1
    ...a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying)

    This DRM scheme already exists, and is fairly easy to implement. It happens to be called the "honor system".

    The honor system is very inexpensive to use, and requires virtually zero disk space. It is multi-platform and very easy to extend.

    Unfortunately, the "honor system" tends to be extremely easy to circumvent. The weakness with the "honor system" is that it relies on end users to respect the wishes of the content creators.
    --
    Navicula hydraulica plena anguilarum est. Omnes castelli tuus nostri sunt. Ed elli avea del cul fatto trombetta.
  38. Inherently impossible by Anonymous Coward · · Score: 0

    "DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying)"

    Yeah, good luck with that inventing of artificial intelligence there.

  39. Future practical uses by Knetzar · · Score: 1

    How can you know all the future practical uses?
    Also, how can a computer tell the difference between legal and illegal copying? Will the computer know that I have 15 different music playing devices in my house and that I tend to have bad luck with harddrives so I have an offsite backup of the content(in addition to multiple onsite backups)?

    Personally, I like the idea of watermarking music. It doesn't prevent anything, but it stops people that legally buy music from casual copying and it makes it easy to identify if music originated from a legal source or not.

  40. "illegal Copying" by ratboy666 · · Score: 1

    In quotes, for a reason.

    In my jurisdiction, we pay a media tariff. As a benefit we have a personal copying priviledge.

    Now, it would have been "illegal" to copy music for friends before the personal copying provision was put into place. Currently, this provision does not extend to videos or audio books (for two examples).

    Let's say that a personal copying provision is put into place for videos. How does DRM get retracted now that it is legal to copy? At that point, it is still either not possible or very difficult to copy the material.

    An example closer to home -- I just tried to copy a CD that was "copy protected". Wasn't possible (with the software in place). I guess the "DRM" worked, right? But it was perfectly my right to do what I tried to do. Interesting that the CD had purchased after the personal copy provision was made law.

    Just Saying

    (In answer to the question -- DRM is always bad).

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  41. And defeated by changing the date. by khasim · · Score: 5, Insightful
    This is a failure of current DRM schemes, not DRM in general. It would be easy enough to design DRM so that the DRM no longer applies after a certain date.

    Which would require the date to be locked on the machines so I cannot defeat it by simply moving the date ahead 100 years.
    1. Re:And defeated by changing the date. by solinari · · Score: 2

      Which would require the date to be locked on the machines so I cannot defeat it by simply moving the date ahead 100 years. Nobody is proposing to do DRM that depends on machine clocks. Simply releasing the decryption key after a period of time is quite easy.
    2. Re:And defeated by changing the date. by LordSkippy · · Score: 5, Funny

      Isn't that what DVD John did?

      --
      My karma is in a nose dive
    3. Re:And defeated by changing the date. by ewhac · · Score: 5, Informative
      Which would require the date to be locked on the machines so I cannot defeat it by simply moving the date ahead 100 years.

      Um, that's exactly what they're doing.

      It's called, in that lovely NewSpeak way, a "secure clock," and it runs independently of the time-of-day clock that you're allowed to set. The "secure clock" is updated only by (more NewSpeak) "trusted" system components, and is used by defective (nee "protected") media to enforce expiration dates.

      You really don't want to look deeper into this Sausage Factory -- it's revolting on more levels than you can possibly imagine.

      Schwab

    4. Re:And defeated by changing the date. by HTH+NE1 · · Score: 2, Insightful
      This is a failure of current DRM schemes, not DRM in general. It would be easy enough to design DRM so that the DRM no longer applies after a certain date.
      Which would require the date to be locked on the machines so I cannot defeat it by simply moving the date ahead 100 years.

      No, because it would also have to be tied to an on-line service to monitor the state of the latest extensions to copyright law as well as the obituary pages.

      Consider that even if an artist was the last of his bloodline, owned all his copyrights, and did not will those rights to anyone, you still couldn't copy any of his works for however long Disney decided they should be extended.

      Thing is, there's no hard line between what is illegal and what is fair use. No computer DRM algorithm can independently determine whether a particular use is illegal or fair. Fair use is a defense, its validity determined by the court, not code. The only DRM necessary is the law.

      Actually, that's not quite true. Fair use exists only so far as potential plaintiffs don't sue and, if they do, defendants don't settle. If copyright holders always sued and defendants couldn't afford to defend their rights, they'd be gone.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    5. Re:And defeated by changing the date. by Doctor+Memory · · Score: 1

      Nah, you could just have a timestamp register in the machine that contains its creation date. It validates the DRM against that date. Manufacturers would have to offer a timestamp update program for all machines over N years old. And the DRM code would have to be preserved, even after it expired, so in case someone came up with a way to defeat the timestamp in one machine (so they could copy some media), they'd have to defeat the timestamp in every "unauthorized" machine they wanted to use.

      --
      Just junk food for thought...
    6. Re:And defeated by changing the date. by mpe · · Score: 1

      Thing is, there's no hard line between what is illegal and what is fair use. No computer DRM algorithm can independently determine whether a particular use is illegal or fair. Fair use is a defense, its validity determined by the court, not code.

      This is the point at which the original question becomes meaningless. Such a DRM system would be way beyond current software (i.e. it simply dosn't exist outside of science fiction) even if such software could be written it would be more likely to demand its 14th ammendement rights than act as a slave to the RIAA/MPAA. Indeed it would probably have a stronger case for being a "person" than the average corporation...

  42. no by Anonymous Coward · · Score: 0

    point me to a drm'd solution that accomodates all future hardware/software and every possible use that falls under fair use - and i'll point you to a drm that isn't a drm.

  43. Copyright is intrinsically distasteful.. by QuantumG · · Score: 1

    DRM is the automatic enforcement of copyright (and then some).

    Therefore DRM is also intrinsically distasteful.

    QED.

    --
    How we know is more important than what we know.
    1. Re:Copyright is intrinsically distasteful.. by MyOtherUIDis3digits · · Score: 1

      DRM is the automatic enforcement of copyright (and then some).
      Therefore DRM is also intrinsically distasteful.
      QED.
      --
      Mac OS X: the operating system named after pussies, used predominately by men who love dick.


      1. Good point, the "and then some" is what makes most DRM solutions inherently evil.

      2. Regarding the sig, you'll probably find some help understanding your hostility if you google "latent homosexuality"

      --
      Ignore anything I said above, I actually agree with everything you believe - mod accordingly.
    2. Re:Copyright is intrinsically distasteful.. by QuantumG · · Score: 2, Funny

      Regarding the sig, you'll probably find some help understanding your hostility if you google "latent homosexuality" I work in corporate America dude, all my sexuality is required to be latent at all times.
      --
      How we know is more important than what we know.
    3. Re:Copyright is intrinsically distasteful.. by MyOtherUIDis3digits · · Score: 1

      I work in corporate America dude, all my sexuality is required to be latent at all times.

      I swear if I hadn't already posted on this thread, I'd mod that funny. Good one.

      --
      Ignore anything I said above, I actually agree with everything you believe - mod accordingly.
  44. Man, who is asking? by gstoddart · · Score: 1

    Why does this entire thread sound like someone trying to ask the right question? It sounds like "what would we need to say to make it sound like you were in favour of DRM so we could use this in a position paper?"

    As long as I can buy my CD, NOT have any fscking software installed on a PC I play it from (yes, I mean you Sony), play it in my stereo and my car, and rip it to whatever format I like to use the tracks how I like, I will buy the product. If your DRM impedes any of those things, then I'm not interested.

    I own a couple hundred CDs, all legitimately bought, all by non-mainstream artists -- I buy my CDs so I can be sure the artists whose music I really like will keep making more. I expect to be able to make mixes, populate my ipod, bring tracks to work on my laptop and listen to them, and (ideally) put the original CD away for safe keeping after I've made my MP3s from it, or put it in my CD changer again when I've not heard the album in a while.

    I'm not really willing to budge on any of that as a requirement of what I can do with my music. I have no interest in any model in which I can't do such things, nor in any model in which someone figures they get an ongoing revenue stream from me. I buy a lot of CDs, stop treating me like I'm ripping you off, cause I'm not.

    Well, that's my 2 cents for a Friday afternoon. :-P

    --
    Lost at C:>. Found at C.
  45. I don't know enough to say yet... by jejones · · Score: 1

    In this hypothetical case...

    Can I make backups? (And as others have asked, how can it tell my intent?)
    Is it dependent on some piece of hardware that might break, or is proprietary?
    If the company owning it disappears, am I SOL?

  46. Yes- sort of by acomj · · Score: 1

    Its more complex than everyone makes it seem. DRM is annoying and is getting more so (my itunes purchase won't play in my car cd mp3 player without jumping through hoops). DVDs are adding more copy protections etc. Nothing more annoying than having to jump through more hoops to get the stuff you paid good money for to play on the device of your choosing.

    However the alternative is
    http://www.plocp.com/images/vista_MG_3800.jpg

    and bootlegs are everywhere. Maybe if they didn't charge close to 20$(in Mexico) a CD people would be more apt to buy them legit. Its completely out of control when ps games are like 3$ US and 2-3 movies per DVD is common. This is such a small scale compared to the bootlegging on the internet (although I'd bet a lot of these things are downloaded before sold).

    But being the good consumers/capitalist we're trained to look for as cheap as possible, more so than thinking about all the people who worked on the media who need jobs and a paycheck. Ultimately if it gets bad enough look for much less variety in what gets released.

    I understand what DRM is trying to do, but ultimately people will want the format that is cheaper and more flexible. Basic economics indicate they'll have to step up enforcement of illegal activity, there is no economic advantage to being honest and supporting what you like in todays society.

  47. I'd Support DRM If... by endianx · · Score: 1

    I would support DRM if it allowed for fair use and was an open format of some sort, that developers could implement for free. I really don't know what kind of DRM that would be though.

    I really think piracy needs to be prevented through law enforcement, not technology. Similar to traffic tickets. It would limit (but not eliminate) piracy, while at the same time bringing in revenue to be used for education or something. Don't fine a DVD pirate $250,000 or whatever. Charge em $100 or something, but do it much more often.

    It really could work.

  48. I would absolutely support it by swillden · · Score: 1

    "If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?

    Absolutely.

    The problem is, such a DRM system is impossible.

    Why? Because in many cases, the question of Fair Use depends as much on the intent of the copying as on the nature of the copying itself. How can the DRM system determine whether the clip I'm exctracting from a movie is going to be used for non-commercial, educational use, or if I'm going to combine it with a bunch of other extracted clips to make a complete DRM-free copy of the movie which I'll proceed to sell on the black market?

    Unless the DRM system can read the user's mind it can't reliably distinguish between allowed and non-allowed uses.

    Aside from those complexities, there's still the issue that any "tight" DRM system will, of necessity, be limited to playback devices that support that DRM system. If I have an audio player that *only* supports CD audio or MP3 format (and I do -- there are lots of them around), any DRM system that allows me to format shift for playback on that device is going to leak like a sieve, so content providers aren't going to want to use it. Not with high-quality versions of the content, anyway.

    Leaky DRM is pointless. Strong DRM inevitably restricts copying that is allowed under copyight law, and is therefore evil. There can be no such thing as a truly workable DRM system.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    1. Re:I would absolutely support it by Paulrothrock · · Score: 1
      any DRM system that allows me to format shift for playback on that device is going to leak like a sieve, so content providers aren't going to want to use it. Not with high-quality versions of the content, anyway.
      Funny thing is: And video providers have been giving away low-quality versions of their content for years now. It's called TV and Radio. If I want to watch a movie, all I have to do is turn on my TV. Heck, I can even record it if I want. But it's not going to be the same quality as a So I say content providers should continue to give away low-quality versions of their content, either for a monthly fee or supported by advertising. Then, if you really want to get the high quality version, you pay money, and deal with the DRM.
      --
      I'm in the hole of the broadband donut.
  49. Begging the question by Tackhead · · Score: 4, Insightful
    > "If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme? Especially if it meant a wealth of readily available compatible devices? In other words, if you object to DRM schemes, is your objection based on principled or practical concerns?"

    This is a classic example of begging the question.

    The ability to shift formats, shift time, play back on different devices, "etc", is indistinguishable from "illegal copying". The question is based upon the incorrect premise that the two things are distinguishable.

    Consequently, my objection to DRM is based on both philosophical and practical terms.

    I object on philosophical grounds because there exists no such device.

    I object on practical grounds because any device that purports to "allow full legitimate usage but ... block illicit usage" is a device that does not allow full legitimate usage.

    The root of your problem is the notion of "legitimate" and "illegitimate" versus "copying", "playback", and so on. The former terms are terms of law; they are defined by lawyers and enforced by men with guns. The latter terms are descriptions of functionality; they are defined by the laws of physics and mathematics, which are enforced by the universe itself.

  50. What happens when the system breaks down? by Kelson · · Score: 1

    DRM is intrinsically time-limited. Eventually one of three things will happen:

    • The copyright on the content will expire.
    • Copyright law will change.
    • The authentication service will shut down.

    A "perfect" DRM will have to adjust to changes in copyright status, which means it'll have to be able to do things like pick up the fact that a work has entered the public domain, or the copyright has been extended. That means it has to contact some authentication service. But we've seen from the DIVX fiasco that there are risks to relying on some outside service to authorize the use of your own equipment and media. DIVX discs are unplayable not because they've stopped making players. If you can find a working Betamax VCR, you can still play Beta tapes. DIVX discs are unplayable because the service that confirmed you had enough sessions left to play the disc, or charged you for playing it again, is gone.

    1. Re:What happens when the system breaks down? by gnasher719 · · Score: 1

      '' A "perfect" DRM will have to adjust to changes in copyright status, which means it'll have to be able to do things like pick up the fact that a work has entered the public domain, or the copyright has been extended. ''

      I could envision laws that limit any DRM to lets say ten years. If you buy music today, then after ten years, it may or may not be illegal to copy it, but the DRM mechanisms must allow it. 99% of the possible benefit of DRM for the copyright owner is gone by that time (do you think anyone will copy Briteny Spears' music in five years time? ). Since Microsoft DRM already caters for DRM that lets you play or copy music for say one year and not afterwards, it should be easy to modify this for music that cannot be copied for ten years, but can be copied afterwards.

  51. I would! by Bloke+down+the+pub · · Score: 1

    I'd be happy to, if I had any money left over from buying a perpetual motion machine.

    --
    It's true I tell you, feller at work's next door neighbour read it in the paper.
  52. Read the disclaimer! by MarkByers · · Score: 1

    If people from corporations are maimed or killed by this DRM somehow, then Slashdot might be OK with it.

    Of course we will. Didn't you read the disclaimer? I think the GPL contains the text 'If this program kills you and/or your cat (either accidentally or intentionally), we can not be held responsible.' or something similar.

    And if it doesn't, it should!

    --
    I'll probably be modded down for this...
  53. DRM, and why I despise it by Pojut · · Score: 3, Interesting

    I liken DRM to the locks on my house: they keep the honest man honest.

    If someone wants to "steal" music, movies, tv shows, whatever, they will. No amount of copy protection is going to stop them.

    Tapes, CD's, DVD's, Blu-Ray, HD-DVD, XP Authentication, Serial Numbers...doesn't matter. If someone wants to get something for nothing, they will find a way regardless of how much time, effort, or money you put into trying to stop them.

    However, the honest man who won't do any of these things...well, what does it matter if his stuff is "locked"? I mean, after all...if someone isn't going to enter my house uninvited, then the locks on my doors and windows are meaningless.

    Yes, people change, and yes everyone who "steals' media starts somewhere...but still, you get my point. The only thing DRM (and things like it) does is inflate the cost of things for people that plan on legally purchasing it anyway. The people that plan on not obtaining it legally...well, you can finish that sentance.

    Galactic Civilization II is a PERFECT example. Shipped with ZERO protection on it, it still managed to sell many thousands of copies...if you perused their forums around the time of it's released, many cited the reason they bought it was SOLEY because it shipped with no copy protection, and they support that idea.

    Music corporations (and movie studios, for that matter) will NEVER return to the days where they had total control over how people obtained their media and what they do with it. The honest people will do the exact same thing they did years ago, and the non-honest people will always find a way around it. A waste of time, money, and effort.

    1. Re:DRM, and why I despise it by Hatta · · Score: 1

      I liken DRM to the locks on my house: they keep the honest man honest.

      Honest men keep themselves honest. What locks on your door do is encourage the dishonest man to go to your neighbors instead.

      I dunno what that has to do with DRM, I just didn't think that phrase made any sense.

      --
      Give me Classic Slashdot or give me death!
    2. Re:DRM, and why I despise it by Pojut · · Score: 1

      If someone wants to get something for nothing, they will find a way regardless of how much time, effort, or money you put into trying to stop them.

      However, the honest man who won't do any of these things...well, what does it matter if his stuff is "locked"? I mean, after all...if someone isn't going to enter my house uninvited, then the locks on my doors and windows are meaningless.

      Try reading my whole post next time. It might help.

    3. Re:DRM, and why I despise it by AArmadillo · · Score: 1
      Your argument bifurcates honesty into two extremes: honest people, and non-honest people. In reality, there is a continuum of honesty, with people who are always honest, to people who are honest unless they see a great value to be gained, to people who are dishonest unless provided encouragement otherwise, to dishonest people. The locks on your door are a deterrent. Without locks, all but the most honest people may be tempted to steal something from your house. There is little risk in walking into someone's unlocked house, snatching a laptop or jewelry box, and then walking out. The risk/reward ratio is good, so a lot more people may consider it. By putting locks on your doors, you increase the risk of stealing something from your house. Now, a potential thief must break in and consider the increased risk of getting caught or leaving compromising evidence in the process. Fewer will be willing to take the risk.

      This is the idea behind DRM -- not to put a stop to all illegal media transfer, but to provide a deterrent that will encourage the more honest in the continuum to fairly pay for their media. The problem with it, in my opinion, is this. For a house, there is really no reason for an honest person to ever enter your house when you are not home. Thus, your door locks generally do not prevent valid, appropriate use of your home. DRM, on the other hand, does prevent valid, appropraite uses of digital media, including but not limited to making a backup copy, and being able to play the media on whatever device you so desire. If DRM were implemented better and more standardized, many of these problems could be solved and it would be much more similar to locks on a house.

    4. Re:DRM, and why I despise it by zoeblade · · Score: 1

      However, the honest man who won't do any of these things...well, what does it matter if his stuff is "locked"?

      It doesn't just prevent illegal copying, but also any unauthorised use. This generally boils down to any copying. This means you can't write a song that samples someone else's DRM protected work, even if you would otherwise pay royalties once you got signed to a record label after showing off your demotape. It means you can't copy and paste a few lines from a digital version of a book to quote it in a discussion such as this one. It's physically impossible to make a DRM scheme that can tell the context and motivation of your actions.

    5. Re:DRM, and why I despise it by Gnavpot · · Score: 1
      I liken DRM to the locks on my house: they keep the honest man honest.


      Are you in control of the keys for your house? Or are the company which built the house in control so you have to get their permission if you want to give your children a key?

      The problem with DRM is not that it fails to prevent you from ILLEGAL behaviour, but that it succeeds to prevent you from LEGAL behaviour.

      Most countries have laws which gives you a right to make a copy of a work under certain circumstances (backup, copyright expiration, compatibility purposes, etc.). Quite often, the law also says that no agreement with the copyright holder can take away that right.

      But DRM can make it impossible to make that copy without breaking the laws which forbid circumvention of DRM. So with DRM, they can take away a right which they according to law should not be able to take away.

      DRM is basically the copyright holders' loophole around copyright law. They only want the benefits from that law.
    6. Re:DRM, and why I despise it by Salsaman · · Score: 1

      Your analogy is wrong. DRM is not like the locks on your house. A better analogy is, you buy your house, and the company that built it keeps all the keys. They will let you in and out of your house (provided of course, that they don't go bankrupt), but if you want to invite any guests around, they have to call up their key companies, and get let in to your house (after paying a "door unlocking fee"). Also, in some circumstances if you fail to maintain payments to the building company, you lose access to your house (although you bought it).

    7. Re:DRM, and why I despise it by Roxton · · Score: 1

      So you believe DRM doesn't discourage anyone. Why are people so quick to discard their rational integrity in an effort to support their positions? I don't get it.

    8. Re:DRM, and why I despise it by maharvey · · Score: 1

      I liken DRM to the locks on my house: they keep the honest man honest.

      So... you don't lock your doors, and you don't think I should either? Interesting.

      DRM is not like locks on the outside of my house, it is like an enormous fence around my house that cuts through neighbor's yards, blocks traffic on the street, threatens low-flying aircraft, and is an enormous eyesore to the neighborhood. Worse yet it's full of holes. Basically it makes life for everyone else a giant pain in the butt, without really protecting my property. (Even if it did protect my property, that does not give me the right to extend my empire arbitrarily at the expense of others.)

      It's kind of like having your picture taken in a public place. If you don't want to be photographed, stay at home! Don't want your precious music copied? Don't distribute it to the public. Does that cut into your profits? Wah, go get a real job like the rest of us. (Skilled musicians and artists will always be in demand to give *real* performances and produce *real* works. For them, digital productions are just good marketing, and they can produce and distribute these themselves, so we'll still have that. But the studios are just a leech on society, profiting on the hard work of others.)

      Copyright was invented in an age where copying was difficult and expensive, and people mostly had to spend their time working for a living not creating art, and publication was expensive. Now we live in an age when copying is free and easy, publication is free and easy, and many people have both the wealth and the time to create art as a recreational hobby. In the age of the internet you don't have to pay people to create, they do it for fun. open Source and the World Wide Web have proven this.

      The Copyright system is like the landed gentry of Old Europe, an idea from a past era. There is sometimes value in paying people to create, and sometimes value in protecting products, but it needs to be completely redesigned from the ground up. We've experienced a brief (couple hundred years or so) fling with free governance, free expression, and flourishing arts... as we enter the Age of Sharing, which SHOULD be the golden age of information and art, we find our hands suddenly tied as the powerful seek to control it for profit. The way laws are expanding we are headed for an age of "intellectual slavery" with a new caste of intellectual overlords. I think this is just the vanguard of a much larger threat; if we lose control of our expression and our ideas, we will eventually lose all our freedoms. That may seem extreme, paranoid, conspiracist, whatever... but history has proven that humanity abhors freedom. It never lasts long before some tyrant swoops in to add it to his empire.

    9. Re:DRM, and why I despise it by crabpeople · · Score: 1
      "someone wants to "steal" music,"

      Is that like when i listen to music on the radio or what? Im having a hard time thinking of how I could steal music. Can you steal a story, a quote or an idea? Do you perhaps mean take ownership of, claim as your own, take credit for or profit from? Did you mean stealing a physical cd when you said media? Vibrations in the air that cause sound? Can you steal vibrations???

      --
      I'll just use my special getting high powers one more time...
    10. Re:DRM, and why I despise it by Pojut · · Score: 1

      It would be silly to assume that. However, I also believe that the people that want to copy something WILL find a way. Geeks will use the net, prior knowledge, friends, whatever. Non-geeks (or the simply uninformed) will try random different things until they get something...granted this is a broad assumption because it assumes that EVERYONE will try until they figure it out, which could take quite a while and thus becomes unlikely.

      Still, if they truly want to copy something...people will find a way. Just because it isn't the same thing that we think of in regards to "hacking" or "circumvention" does not mean that it still isn't exactly that. It is still something that is actively pursued by the general public, as it has always been.

      Much like prescription pain medication, or anti-depressents...people have no problem with those because it's legal to do. However, that doesn't make it any better. Illegal or not, they still do the same action. People that are non-geek or the simply uninformed will still discover a way which to them is not illegal. It's not illegal because they aren't so called "hackers", in whatever perverse modern definition you want to apply to THAT word. It's not illegal to them because I mean who is it harming? They just want to make a copy of what they bought...is that asking so much?

      Your average innept consumer wants the same thing we do...free access to that which is ours. We go about it in our way, and they go about it in theirs. We actively pursue that which we desire to the fullest extent of our abilities...they sneak around the system and do it in secret making sure no one knows about it.

      So who's way is more right? The geek? Or the innept?

  54. Non-possible DRM so non-possible answer by markk · · Score: 1

    I don't think that Digital Restrictions as defined in the topic are possible in the real world. You would have to be able to mind read to only stop illegal copying without also stopping legitimate copying. So I don't think it is a well formed question (as my Quantum Mechanics professor used to tell me) and there is no viable answer. I don't think there should be any government support - broadcast flag, mandates on equipment, DMCA type reverse engineering guidelines, etc. that stop me from doing whatever I want with data in my possession. I don't really care If there is DRM outside of this as long as there is no monopolistic forcing off the market of tools designed to get around it. For example I don't mind Apples DRM as long as CD burning is there, and as long as there is a Hymn type program.

  55. It's not possible. by Anonymous Coward · · Score: 0

    I'll go along with this, and suppose that it's theoretically possible to prevent only "illegal" copying (disregarding that a perfect system which "knows" whether or not my use is fair is impossible to create). One problem is that the definition of "illegal" is not set in stone. Do I need to buy a new player when rights I previously are taken away by paid-off politicians? If I wish to defy an unreasonable law, does the device prevent that? What if I travel to another country, where the laws are different; does the device allow me to do things which are perfectly legal there? Does the device delete music I legally got in one country when I bring the device into another country in which those copies are illegal?

  56. practical concerns by llZENll · · Score: 1

    I wouldn't care if everything used DRM if it required zero extra time, no resources, allowed for fair use, and was fully compatible. Being a software developer I know this is almost impossible though. Unless you fully control the entire system and software (ie XBOX 360, iTunes and iPod) it is near impossible to implement, this is why DRM is unacceptable in most cases. Even if you have a closed system DRM is still very hard (ie XBOX 1, PS3).

  57. we need to do what china does by circletimessquare · · Score: 4, Interesting

    operating under the assumption that drm is a tool for enforcing copyright, then drm should be flaunted, destroyed, ignored. on the principle that there is a better way

    in china, copyright is openly flaunted. enoforcement, if it is any, seems laughably inadequate

    musicians make money via advertisements or concert tickets only

    no middle man at all

    what crazy world is this?

    whatever you call it, it's absolutely superior to the stifling copyright system in the west

    the copyright system in the west has overreached. it was intended to foster innovation by rewarding content creators. that's the original point

    however, in the west it is now just a tool for rewarding the middleman. he stiffs the content creator

    content creators deserve financial reward: concerts and endorsements. that's their financial reward. it's not jay-z millions. but that's not the point: content creators deserve a compfortable life. but they don't deserve billions. their grandchildren don't deserve money every time someone plays happy birthday. that's patently insane (pardon the pun). and yet it is the law of land in the west. ridiculous

    for content creators, i thought the point was love of music? musicians create music only to make money? i don't want to listen to any musician who does that, do you? so the creator deserves cushy upper middle class rewards from endorsements and concerts. what's wrong with that life? you still have the fame, the adoring chicks. just not jay-z millions. oh well, the golden age is over

    and middlemen deserve absolutely nothing. in the age of vinyl/ cds, they controlled the means of distribution, so they got something, a lot, no matter what they actually deserved. but in the age of the internet, they've been made obsolete. so they should die

    and they are dying. but like any dumb dinosaur, it doesn't realize it is dying, it's a lot of struggling surging animal flesh that takes out bystanders, and it will go out fighting. fine. just avoid the thrashing tail of the dying beast, the day will come when it thrashes no more. and soon

    and it has no absolutely no meaning what laws are passed or what drm is in place. the internet was designed to route around damage due to nuclear blast. western culture, those who want music, it's poor, motivated, intelligent youth, they will find away to route around the "damage" to the internet that is drm

    make all the laws you want. common sense will prevail. just like china has to honor ridiculous western notions of ridiculously long and stifling copyright for economic reasons. in the halls of beijing, they pay the bullshit lip service. but on the streets of hong kong, common sense prevails

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:we need to do what china does by andm461c · · Score: 1

      China wants cheap access to technology that would be expensive if they enforced western patent laws.
      It is not a case of "common sense prevails", it is Chinese politicians favoring themselves and the companies they control.

      Larger and larger parts of our lives are becoming a part of the Internet. *Enforced* patent laws are a *requirement* for a functional society.
      Without them, people have no incentive to create new things because anarchy would rip the benefits from them anyhow.

      I don't really understand who you mean by the "man in the middle", but if you mean record companies, head hunters and so forth - they should receive money.
      To delete all "the men in the middle" would be to say to an aspiring artist: "Well, go sing your R&B on the streets and offer CDs that you've burnt at home." It will be just like aspiring painters in the 16:th century! (aka bums)

      Eventually some form of DRM *must* come, and it will come, or too large a part of society (of the *world* in this case) will run rampant and unchecked. As society inevitably transforms more and more into cyberspace, a world without DRM (or something equivalent) would be like slowly entering into the Middle Ages all over again.

      Why?
      Because there is no one-world court or patent enforcer. So, instead we create an automatic enforcer in the machines we build and lean our society on.

      I know machines are stupid and can't tell if you're breaking the law or not, but I can see no better long-run alternative.
      A one-world court would surely be a *lot* worse.

      However I'm open to new suggestions.
      Does anyone know of a way to truly enforce future (aka cyber) patents without DRM?

    2. Re:we need to do what china does by Spasmodeus · · Score: 1

      Yes, you are so right, copyright must be destroyed.

      As a writer, I should be perfectly content with the money I make from my lucrative endorsements and concert sales.

    3. Re:we need to do what china does by Anonymous Coward · · Score: 0

      Try pressing the SHIFT key every time you start a sentence...

      Go look at ANY book or newspaper and then compare your writing to it... It's not a difficult concept...

    4. Re:we need to do what china does by Bongo+Bill · · Score: 1

      And in this perfect, copyright-free world, how does one ensure that attribution remains significant? That is, an author writes a book and sends it out to his editor. Author's not big-time yet, she can only get it published at a small-time local job. So a few thousand copies of the book are floating around. Then, before anybody can put the text online, another guy gets a copy of the book, photocopies all the pages one-by-one, and send them out to HIS editor in New York, under his own name. The New York editor thinks it's a hit, and soon it's being distributed all over the place, hard copies for the luddites and software copies for the people who don't like their eyes very much - but it's under the name of the person who stole it.

      Is this something you'd consider a problem? Without copyright, there's no legal basis for the original creator to receive the credit that's due her. And, interestingly, it is precisely this sort of grievance that copyright was created to protect against.

      --
      ...but is it art?
  58. What are your values? by hindumagic · · Score: 1

    For me, it can be summarized that once I buy something, it should be mine to do as I please with it within the law. It is unnacceptable that someone can control what I can do with something that I own.

    If I buy a shovel, I can use it any way I want - even to hammer nails with it. Of course, I don't bash people over the head with it. I don't need someone to stop me from hitting others with a shovel and there are obvious repercussions if I ever did so. This is called responsibility, and when you give it to people, they feel empowered and generally respect it.

    The exact same prinicples apply to software, media, and any electronic devices that use various "lock-in" schemes (Sony, Apple, Microsoft, etc). When you respect me as a customer, I'll respect you as a company.

  59. Principled and practical by jamienk · · Score: 1

    Principled and practical concerns are as one when it comes to free speech. The technology is at the point that any DRM requires all kinds of supporting laws that stop people from using art (music, video, books, etc) in creative and natural ways. Sampling and mashups might be considered "illegal" as is sharing an e-book in the same way you'd share a paper book (except on a larger, easier, and simultaneous scale). Who knows what I might want to do with a recording? Add it to the film I'm making? Overdub my own backup vocals? Give it to my friends so they can play it at the club they own? Use it to generate a random number? Use it as the theme song for my political campaign? And I'm sure that 6 billion people could come up with at least 10 other (even more interesting) ways to use the song in question.

    When copyright was written into the US Constitution, in effect an exception was carved out to Free Speech. The benefits of Free Speech to society were generally understood (see John Stewart Mill) but it was thought that the arts, sciences, and culture could benefit more by this limited form of censorship. Whether those early thinkers were right or not is open to debate (I myself think the arts and sciences would have been more fruitful with no copyright), it is clear that times have changed and that now the restrictiveness required far outweighs any benefits. In fact, if the system is meant to put money in the hands of artists and scientists, it is doing a very bad job (with a few extreme exceptions).

  60. Physical Metaphor by Misagon · · Score: 1

    I believe that for DRM to "work" (on all so many levels), then the key will be to implement a metafor of a physical object.
    Let's imagine that there is a virtual world parallel to ours, in which these digital objects (DRM'ed files) live, and that your PC and your portable media players are only interfaces into that world.
    If you own a record in the real world, then you can play it, skip tracks, move it, sell it, lend it to your friends etc..
    Similiarly, if you own a record in the virtual world, then you should be to play it, skip tracks, move it, sell it, lend it your friends etc. in the virtual world - using your PC and/or portable media player.
    I think this is a model that both the industry and the public could agree on using.

    Another problem is the volatility of digital objects. We are so used to our apps crashing, files getting lost etc. that we do not value digital files as much as physical objects. If something is important then we want hardcopy! People are ready to pay for hardcopy, but not for digital files. DRM'd files need to feel safe, and be safe.

    --
    "We mustn't be caught by surprise by our own advancing technology" -- Aldous Huxley
  61. Would you buy a car... by Anonymous Coward · · Score: 0

    ...wich always only could drive at the max. allowed speed on the road ? It would in fact be more logical to do that, than to implement drm wich only harm some rich peoples pockets.
    We do not need drm and it should not be nessessary, if it is there is something wrong somewhere... one thing that is wrong is the price tag on CD's and DVD's, another thing is that people don't consider piracy as wrongdoing. I overheard a funny conversation in the train this morning, a couple were talking about something, he said: "but this is against the law, they shouldn't be allowed to do that...", to wich she responded: "Just like the music you've downloaded for the new years party ?", there were a very long silence...

  62. A scheme cannot be created by Lord+Bitman · · Score: 1

    It's not the concept of weapons of mass destruction that's a problem. Were there some sort of perfect weapon of mass destruction which did not destroy things on a massive scale, but instead only turned the bad guys into unicorns, it would be perfectly agreeable.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  63. IMHO DRM is inheritantly good. by Anonymous Coward · · Score: 0

    It's many licenses themselves that are evil.

    I wish DRM advanced to the point where it'd enforce the licenses *EXACTLY* - that means no playing a DVD in a public space like a nursing home common room (the consumer DVD doesn't give you that license) -- and DRM that enforces that you can't use a MSDN license for product work -- and DRM that enforces that you can't steal photoshop from work.

    I think such DRM would be *GOOD* not BAD - because it will wake up customers to oppressive licensing and get the vendors to work on the real issue, which is bad licenses, not bad technology enforcing them.

    1. Re:IMHO DRM is inheritantly good. by BillyBlaze · · Score: 1

      Letting the free market decide is a bit dangerous here, because in the popular* music industry, there are not multiple independent producers, there is an oligopoly. (* I'm ignoring the independent music scene, because it will still be quite a while before they will be able to compete with the RIAA's marketing machine.)

    2. Re:IMHO DRM is inheritantly good. by DavidTC · · Score: 1

      Video DVDs do not actually have licenses.

      It's a violation of copyright law to put on public performances.

      However, it's not as large a restriction as you would think, and it's not impossible that nursing house common rooms could fit under the people limit.

      I always thought copyright law should let you 'use' two copies at once and double the size.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  64. Oh, I see what you're asking by straponego · · Score: 1
    If something that's designed to cause things not to work never did so, and if added complexity, cost, and code never caused problems or price increases, would I...

    Let me answer your question with a question. If punching yourself in the crotch didn't hurt, how much would you do it?

  65. Purely practical. by RightSaidFred99 · · Score: 1
    I believe in the right of someone to "own" content they have created to the extent that I can't just download it and use it without paying "because I want to".

    So if there was a "perfect" DRM scheme that let me do whatever the hell I wanted with content that I pay for, I would have no problem with DRM whatsoever. Unfortunately, this is intrinsically impossible.

    Not being a SlashNerd, I still don't hate DRM as some kind of moral evil. I just don't buy it unless I can crack it, it's as simple as that.

  66. This is a purely theoretical question. by Caspian · · Score: 1

    This question is like asking "If multinational corporations were scrupulously ethical and fairly competitive, would you support them?" or "If communism was implemented according to Marx's ideals, would you support it?".

    Quite simply, such a system of "ethical DRM" would NEVER exist for longer than a few years at best-- and then they'd try to put the djinni back in the bottle.

    DRM is about control. It is part of human nature that those driving efforts towards controlling that which is presently uncontrolled (e.g.: "piracy") want more and more control as time goes on-- not less and less, nor even a static amount. Over time, any reasonable system of DRM-- one which supports fair use and doesn't assume that consumers are all evil thieves-- would mutate into the typical corporate nightmare that we think of DRM as. If not something worse.

    --
    With spending like this, exactly what are "conservatives" conserving?
  67. That could work, but... by Rob+T+Firefly · · Score: 1
    The weakness with the "honor system" is that it relies on end users to respect the wishes of the content creators.
    This is the big one.. it means that the content creators have to earn the respect of the end users. Produce content that people feel is worth paying for, in a format that isn't designed to work against them, at a price they are willing to pay. Encourage some local band who produces genuine art rather than forcing your latest pre-fab lip-synch act down everyone's throats. Come up with a new and interesting movie rather than just pulling something out of the vaults to remake with minimal effort. Quit directing your wares to the lowest common denominator, and quit treating your talent and your consumers like lukewarm shit. And for pity's sake, stop suing grannies, children, and dead people.

    Of course, the powers that be would rather just throw more money at enforcing their immoral rules and bullying people into giving them money they claim to be entitled to, and continue business as usual. Much less of a perceived hassle for them. And that is why the **AA and the like are hemorrhaging relevance by the hour.
    1. Re:That could work, but... by gbobeck · · Score: 1
      This is the big one.. it means that the content creators have to earn the respect of the end users.

      I Agree. The current philosophy of "Wash my back and I won't stab yours" which is seemingly the norm is a definate reason why many content creators are (rightfully) not respected.
      --
      Navicula hydraulica plena anguilarum est. Omnes castelli tuus nostri sunt. Ed elli avea del cul fatto trombetta.
  68. Why I don't buy online by direpath · · Score: 3, Interesting

    I purchased a few CDs online a year or so back. I stopped because there just wasn't anything more that interested me at the time. I then purchased a new PC. I decided to leave my old PC as a MP3 store for myself. I loaded up Winamp and dumped the entire contents of my old PC into the playlist. Lo and behold, I got DRM warnings on all of my purchased tracks. Even though I did not copy the music to my new computer (though I had thought about doing so and clearing off my old PC for a rebuild), I was restricted. So I cannot copy to another PC, I cannot listen to on another PC. Fortunately, the tracks worked in my Dell Pocket DJ I had at the time.

    I understand the why behind these tracks not working on a logical level, but it certainly left a bad taste in my mouth. I have not bought any music online since. I have bought a small amount of CDs and ripped them to my computer. I find that the industry is trying to fill every hole that their income can leak out of and in the end they are just not impressing the consumer.

    Another fine example of their efforts causing more grief to the paying consumer is this:

    My friend had purchased the latest Nickelback CD. He does the same as I would, rips it to his computer and adds it to his playlist. The CD would not rip. It would not even play on his laptop. Apparently, only some CD players would play this disc as it was formatted. So now he is limited in how he can enjoy the media. Needless to say, the CD hit the trash and as a result the consumer and the artist lose. He won't buy anymore Nickelback CDs because he as a consumer remembers the artist, not the record label.

    DRM was a good idea, but it was implemented horribly wrong. The consumer suffers with annoying popups and warnings and flat-out denials, while the guys who the RIAA wants to nail work around it. The RIAA and the labels are doing a damn fine job of taking their own profits away from themselves...between pushing away consumers via DRM and their rampant lawsuits, I'm wondering if the jokes of the recording industry moving towards lawsuits as a primary source of income aren't just coming true.

    --
    "It's amazing what velocity can do when human beings are in season" -Matthew Good
    1. Re:Why I don't buy online by sjwest · · Score: 1

      As someone who reinstalls windoze and linux on a fairly often basis. I consider drm a pain and so avoid this stuff, for me its not practical, that also might explain why my dvd library consists of one film dvd, but i use dvd 4.7gb to backup stuff to.

      OK keys/challenge response might 'feel' right but when i have to rm known_hosts for ssh to work please dont expect me to buy drm crap. The perception that they have to check is bad. Should i query this i doubt that the helpdesk moron gives a sh*t and will be told by his riaa boss to tell me to buy it again to fix it - or redownload it until next time.

      I want to buy it once, not several times just to use what i have. I dont need that - nor do you need that

  69. MOD PARENT UP by Schraegstrichpunkt · · Score: 1

    This is exactly what I was thinking. It's not just a matter of not knowing how to build such a DRM system, it's a matter of simply being impossible.

    1. Re:MOD PARENT UP by rjhubs · · Score: 1

      I suppose only on slashdot is a hypothetical question beyond the mental capacity of its readers.

    2. Re:MOD PARENT UP by Schraegstrichpunkt · · Score: 1

      s/hypothetical/contrived/

      Actually, it's a philosophical question that is valueless because it assumes a situation that simply can never happen.

      I've expanded on my answer here: http://slashdot.org/comments.pl?sid=216596&cid=175 80306.

  70. No way to have good DRM by Anonymous Coward · · Score: 0

    DRM is not about copy protection!

    If you want to make copying copyrighted work impossible, you have to make copying anything impossible. Period.

    For the good uses, you need a way to record and duplicate music. (same applies to movies, pictures, etc)
    The recorder and copier does not have a means to figure out if the source is copirighted or not! Think of taping in the movie, recording from the radio using a microphone, snapping a photo with your camera, etc.

    It seems that the industry tries to take all tools away from us to achieve it's goal.
    Just read the articles detailing on how cumbersome it will be to use vista in a radio, a studio, an sw development shop, for workin on your home movies, etc.

    vajk

  71. DRM is always the wrong approach by ZorroXXX · · Score: 1
    only blocked illicit usage

    And how should "illicit usage" be properly defined? Because what is legal or illegal is different in different countries. And different rulings might be given in similar cases, all depending on the judge or jury.

    And this changes over time. The set of actions that were illegal 50 years ago is not the same as this set today. How well do you think DRM is able to cope with future law changes? Imagine if in 2050 all copyright was reduced world wide to only last 10 years. Would any of todays DRM "solutions" stop crippling their owner's goods in 2060?

    --
    When you are sure of something, you probably are wrong (search for "Unskilled and Unaware of It").
  72. I say it's impossible by Bromskloss · · Score: 1

    ...until the day we have chips installed, not only in all our gadgets, but also our foreheads, and there is something instrinsically distasteful about that!

    --
    Swedish plasma phys. PhD student; MSc EE; knows maths, programming, electronics; finance interest; seeks opportunities
  73. DMCA not DRM by Ingolfke · · Score: 1

    My biggest problem with DRM is the DMCA. By giving shitty encryption legal protection fair-use is effecitively eliminated. If the DMCA, atlest the protections for encription, then I would have no problem with DRM. DRM lowers the value of a piece of media becuase you cannot apply fair-use, so I'd buy less heavily restricted DRMed media, but I a company should have the right to distribute a piece of their media in any way that they want. It's up to the consumers to determine if they like the way they distribute it.

    For example, if Kraft cheese sold cheese slices in locked iron boxes, because they didn't want people to break down the formula they use to create delicious cheese... of course the cost of using their cheese in the way I wanted to may be so high I might just say... fuck you Kraft cheese I'm going to use some other cheese. You follow?

    1. Re:DMCA not DRM by Creepy+Crawler · · Score: 1

      ---My biggest problem with DRM is the DMCA. By giving shitty encryption legal protection fair-use is effectively eliminated.

      "Shitty encryption".. What's that? By the by, what exactly is encryption? Yes, we can claim that it's a way to communicate a hidden message from one to another, but there's many ways of obfuscation and mangling data in that it appears encrypted. For example, I am a Ham Operator, and am forbid from transmitting encrypted signals with my part 97 license. However, is it not "encryption" if somebody uses a digital mode and Im using voice? I cant understand it, even if they do use their call sign. I have no set-up equipment to properly identify their transmissions. Or better yet, say I built a OFDM transceiver using my own idea on how to make it, assuming that I make sure harmonics are within respected guidelines. Would testing said system count as "encryption" or testing? Would decoding break the "DMCA" statute?

      ---If the DMCA, at least the protections for encryption, then I would have no problem with DRM. DRM lowers the value of a piece of media because you cannot apply fair-use, so I'd buy less heavily restricted DRMed media, but I a company should have the right to distribute a piece of their media in any way that they want. It's up to the consumers to determine if they like the way they distribute it.

      Instead, DRM in many cases lowers "worth" to 0$ in that even if I have a copy, it is un-redistributable and only plays under specific operating configurations.

      ---insert horrible metaphor.

      Real World Metaphor does NOT equal a digital metaphor.

      --
  74. Practicality of course. by nuggz · · Score: 1

    Today under Canadian copyright law I can legally make personal copies for my own use.
    As long as I can continue to borrow peoples music selection and make a copy for myself without paying and the DRM allows this I have no objection.

    The problem with DRM is twofold.
    1. It enforces limits beyond those granted by copyright law.

    2. Some people don't like current copyright law.

  75. Again with the car analogies by JudicatorX · · Score: 2, Informative

    No, DRM is like a car that starts out to being speed limited to X mph, then the manufacturer of that car then dropping that limit to X-10, etc, and can't be driven on 'unapproved' roads or parked in 'unapproved' parking spaces, and can't be driven by 'unauthorized' people.

    There might be an upside to any one of those restrictions (in carjackings, for example, or police chases). But what about the problems such restrictions cause? Injured/cardiac arrest/stroke and in your car? Can't rush yourself to the hospital if you're limited to the maximum posted limit? Neither could someone else necessarily drive you.

    Captcha: 'paralyze'. How appropriate to the subject matter...

    --
    "It is a good divine that follows his own instructions" - Portia, The Merchant of Venice
  76. Fantastical DRM by paladinwannabe2 · · Score: 3, Funny

    I've yet to see a DRM scheme that didn't interfere with legal uses and was remotely effective. If we invented a DRM scheme that only stopped illegal use without any negative side effects, then I would definitely support it. I would also support building a perpetual motion machine for everyone to fufill all our energy needs.

    --
    You are reading a copy of my copyrighted post.
  77. And quite easily avoided. by khasim · · Score: 5, Insightful
    Nobody is proposing to do DRM that depends on machine clocks. Simply releasing the decryption key after a period of time is quite easy.

    Considering that the time period under discussion is several decades long, that would depend entirely upon a company maintaining those keys, not losing those keys and still being available to release those keys after all those years.

    [sarcasm]Yeah, I don't see any problems there.[/sarcasm]
    1. Re:And quite easily avoided. by Pharmboy · · Score: 2, Interesting
      Considering that the time period under discussion is several decades long, that would depend entirely upon a company maintaining those keys, not losing those keys and still being available to release those keys after all those years.

      True, but...

      Moore's Law takes care of that. By the time a song that is DRM/Copyrighted today is released into the Public Domain (75 years from now), the typicial cell phone could crack the encryption in a matter of minutes. Or seconds.
      --
      Tequila: It's not just for breakfast anymore!
    2. Re:And quite easily avoided. by Abcd1234 · · Score: 2, Insightful

      *That* is an enormous assumption. We have encryption technology today that, unless it's flawed, would make works unbreakable by anything but quantum computers. And I mean unbreakable in the sense that the universe will grow old and die before the encryption is cracked.

    3. Re:And quite easily avoided. by hacksoncode · · Score: 4, Interesting

      Ok, would you be happy if in order to use DRM on a commercial product and retain the copyright, the company was required to deposit the keys with the Library of Congress, which would be responsibile for releasing them when the copyright expires?

    4. Re:And quite easily avoided. by ShieldW0lf · · Score: 4, Insightful

      Since this is a "what's your opinion" topic...

      Secrets, in principle, are an attack on the mind. They're an attempt to force others to flail about blindly in an uninformed fashion, damaging their ability to make intelligent decisions and care for themselves. They're a passive-aggressive act, and fundimentally wrong.

      Aside from all that...

      There existed a time in human history when people in western societies were so bogged down with the labour of survival that it was necessary for society to subsidise creations of the mind if there were to be any of them, and the machination of that subsidy was the root of intellectual property law.

      That time is passed.

      The time has arrived where there are many idle hands and minds in the world, and we will reap more rewards as a society in these areas by removing barriers and putting more powerful tools to create and share into the hands of the masses than we will by systematically isolating people from them by imposing barriers to entry.

      Personally, I oppose DRM in every possible fashion and in every concievable use.

      --
      -1 Uncomfortable Truth
    5. Re:And quite easily avoided. by lupis42 · · Score: 4, Insightful

      What if the company goes under? What about when a use determined to be fair is found to be blocked by their DRM? Why not just require the library of congress to give the keys to whoever asks, whenever they ask, and if anybody abuses it, then sue them for violation of copyright, just like you would if a publisher was publishing without permission? Better yet, why not abandon the DRM, and just use the court system for all copyright violations, not just the ones that don't involve technology?

    6. Re:And quite easily avoided. by General+Fault · · Score: 1

      And what makes you so sure that future "cell phone" level technology will not contain a few q-bits in them?

      --
      No man is an island... But I wouldn't mind having a bigger moat.
    7. Re:And quite easily avoided. by General+Fault · · Score: 1

      I wish that secrets were not necessary. The truth is, if I did not keep my credit card number, my social security number, the key code for my front door or even my phone number secret, at least from most people, I would quickly learn regret it. That truth expands to inventions or "creations of the mind" that I have not yet been able to produce; it's just that I'd be losing future value (profit from the invention) instead of current value (my bank account, identity, possessions).

      --
      No man is an island... But I wouldn't mind having a bigger moat.
    8. Re:And quite easily avoided. by Anonymous Coward · · Score: 0

      Okay, as long as the copyright holder is willing to pay the costs for this maintenance, up front (in case the relevant company or private owner ceases to exist) or accepts that if they don't keep up the annual maintenance the keys will be released, all for a service that wouldn't otherwise be necessary if DRM was not applied to the copyrighted material in the first place, sure.

      The key holder would have to test the key to make sure the DRM was removable (need a hardware/software setup to do that), and keep the documentation on how to apply it. It will be a significant cost to set all this up, but as long as the copyright holder pays for it all, fine.

      Because of the cost I can't see this being all that popular with copyright holders, but it would be a fair way to ensure that the public's side of the copyright bargain is eventually fulfilled when the copyright expires.

      Doesn't solve anything for fair use, though.

    9. Re:And quite easily avoided. by rossifer · · Score: 2, Insightful
      We have encryption technology today that, unless it's flawed, would make works unbreakable by anything but quantum computers. And I mean unbreakable in the sense that the universe will grow old and die before the encryption is cracked.
      I'm gonna go ahead and take advantage of the caveat at the beginning of your argument: DRM'd media's encryption scheme has to be fatally flawed for you to watch it. So cracking the whole system will usually be a fairly trivial exercise, especially when compared to trying to directly attack the cipher. In media distribution cryptosystems, the key is distributed along with the media, and the ability to extract the key is also as widely distributed as valid media players. Finally, the media must ultimately be presented to you in such a way that you can experience it.

      Basically, there are many, many attack vectors into DRM'd media that are much easier than trying to directly determine the encryption key of the encrypted media stream. Even theoretically, DRM'd media doesn't meet many of the preconditions of a message that can be secured.

      Regards,
      Ross
    10. Re:And quite easily avoided. by DavidTC · · Score: 1

      I wouldn't be happy, but they should be required to do this anyway.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    11. Re:And quite easily avoided. by Chandon+Seldon · · Score: 1

      Even quantum computers don't help - they're expected to help the factoring problem some (and thus force us to go to 8192 bit RSA keys), but they don't win you much attacking symmetric crypto algorithms.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    12. Re:And quite easily avoided. by amRadioHed · · Score: 2, Insightful

      We are assuming a flawless DRM system, so cracking it is not an option.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    13. Re:And quite easily avoided. by Chandon+Seldon · · Score: 2, Insightful

      Given just a HD-DVD and no encryption key, assuming that AES doesn't have some horrible unexpected security hole, you're not going to get at the movie. It's true that *given a functional HD-DVD player*, getting the data is reasonably straightforward, but that's just an argument on the side of allowing circumvention today.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    14. Re:And quite easily avoided. by Chandon+Seldon · · Score: 1

      Absolutely wrong.

      Based on our current understanding of physics and information theory, current high end encryption algorithms can *never* be cracked by brute force. Even with quantum computers this is extremely unlikely to change.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    15. Re:And quite easily avoided. by Rudd-O · · Score: 0, Troll

      Who the fuck gave you the idea that you're morally entitled to profit from your ideas? No law anywhere recognizes that stupid notion, precisely because it's stupid: if the world did really work the way you think it ought to, progress would grind to a halt.

      Perhaps you've bought too much into the media cartels protectionism propaganda?

      --
      Rudd-O - http://rudd-o.com/
    16. Re:And quite easily avoided. by AK+Marc · · Score: 1

      Only if it was also provided on media rated to last at least twice as long as the copyright, as well as the equipment necessary to duplicate and playback the media, also rated for a life at least twice as long as the copyright.

    17. Re:And quite easily avoided. by ShieldW0lf · · Score: 1

      These are not inevitabilities, but rather unfortunate side effects of how our society is structured. The more we destroy artifical scarcities and create situations of plenty instead of scarcity, the less significant that will become. When there is not enough food for everyone, stealing someones meal card is a rational act. When there is plenty of food for all, meal cards become irrelevant.

      --
      -1 Uncomfortable Truth
    18. Re:And quite easily avoided. by cpt+kangarooski · · Score: 2, Funny

      Meh. DRM is always flawed in that the attacker is the same person you are showing the plaintext to.

      --
      -- 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.
    19. Re:And quite easily avoided. by Hal_Porter · · Score: 1

      What happens if an asteroid hits the Earth and destroys the Library of Congress along with civilisation. Or America might fight an all out nuclear war with China. How will I be able to play my Britney Spears album in 75 years time then?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    20. Re:And quite easily avoided. by Symbiot · · Score: 1
      Nobody is proposing to do DRM that depends on machine clocks. Simply releasing the decryption key after a period of time is quite easy.
      Considering that the time period under discussion is several decades long, that would depend entirely upon a company maintaining those keys, not losing those keys and still being available to release those keys after all those years.
      Yeah, all those years. That's right near the core of the problem. The current term on copyrights is that they overcompensate copyright holders (too often distributors who have extorted copyright privileges from the artists they purportedly "serve") for providing access to the protected works. Copyright is a special privilege granted by society as a means of rewarding artists. It is meant to be a temporary artificial restriction on the natural right of people to communicate information to each other and its sole purpose is to allow market forces to determine and deliver just compensation for the labor of producing and delivering a work into the public domain. In other words it is an exercise of the publics right to reward artists and inventors. It is not an exercise of a creators right to control their creation: such a right has never existed and efforts to create one seem both counter-productive and ultimately doomed to failure. The model of intellectual property as a wealth generating asset is not of benefit to society as a whole. In fact, it is a dangerous misrepresentation. Knowledge must be continually retransmitted or it becomes lost. Even recordings last only as long as the key to their recovery is known. So I think that DRM should be viewed as a threat to the public domain. If it is to be used as a means of securing copyright protections it seems reasonable to withhold that protection for any work until a non-DRMed version of it is put into publicly held escrow and made available to anyone who petitions for fair-use access to it. The right of the inventor to be compensated for their labor should always be conditioned on the public's ability to make use of its result.
    21. Re:And quite easily avoided. by mpe · · Score: 1

      Even recordings last only as long as the key to their recovery is known.

      There's also the lifetime of the original media. There also appears to be an interesting quirk in current copyright law. The BBC recently released a Doctor Who DVD where animation was used to replace episodes where the original video recording was missing. With a copyright date of 2006, rather than 1968.
      This appears to imply a possible way to extend copyright by delibrate distruction of the original work..

    22. Re:And quite easily avoided. by pjt33 · · Score: 1
      As a Brit, I wouldn't. I believe that the U.S. has the longest copyright terms of any country; the Berne convention requires every signatory country to apply its own copyright terms consistently to local and foreign works. Therefore we'd still end up in the situation that, say, Hollywood films were out of copyright everywhere except the U.S. but uncopyable until their copyright expired in the U.S., effectively forcing the long and lengthening U.S. copyright terms on the entire world.

      (Practically, I realise, the encryption is unlikely to last unbroken for 50 years, but my position is one of principle).

    23. Re:And quite easily avoided. by Thumper_SVX · · Score: 1

      So with all these idle hands and idle minds, what's stopping them from releasing their creations freely? You know, like I do? Yeah, I write music as a sideline and release it on the Modarchive... under a different name. I don't make any money from it, but do receive kudos by email often. That's my payment, and I like it that way.

      You know, like a lot of people do.

      This topic is never going to reach a conclusion. To be honest, if the music you want is DRM protected then you have to adapt and use the DRM'd media or find a workaround. There *are* other choices out there, there are media sources that have nothing to do with DRM.

      Me personally, I have no problem with a DECENT IMPLEMENTATION OF DRM. Philosophically I have no problem with it at all, it's just an updated variation on what the media producers have been trying to foist on us for years. Now, in the last decade or so we've become used to having media "for free" thanks to digital distribution. The free ride is effectively over for commercial media, they're taking back their media and I think they're making huge mistakes in the implementation and enforcement of what they perceive as "their" media.

      Thing is, there will always be free media that's good. I listen to a lot of classical music... hell, I play a lot of classical music because no-one can effectively claim rights to most of it. I also listen to independent music which is often a lot better than the crap that RIAA companies are churning out. I use iTMS for my commercial music because I don't find their DRM overly onerous, but even then I don't buy much music from iTMS. If I want MP3 versions on my MythTV box it's trivial to strip off the DRM with an app like jHymn, or just burn to CD and re-rip (which creates some loss, but not overly so).

      I don't necessarily support DRM, but I recognize that some people view a need for it. I will accept it so long as it doesn't prevent me from using what I have paid for. Vista, I have a problem with. I think its DRM schemes are very onerous and troublesome, as such I will not install it. If my media requires it... well I'll just find my media elsewhere. I am not "faithful" to a band or label, I listen to music I like. If I am being prevented from listening to the music I like, I'll find someone else that creates similar music. They're out there, it just takes a little legwork.

    24. Re:And quite easily avoided. by marcosdumay · · Score: 1

      So you can break it when you see the contents, but not if the company 'loses' the keys.

    25. Re:And quite easily avoided. by rossifer · · Score: 1

      I get the impression that you think you responded to me, when all you did was repeat the same flawed assertion you made the first time.

      Here's what I said: It doesn't matter how good the encryption is if there's an easier way to get the key.

      And there is always an easier way to get the key for DRM media. So your assertion is true and, at the same time, utterly irrelevant to the security of DRM'd media. Nobody attempting to attack the encryption of an HD-DVD disk would limit himself to only the data on the disk. So why even mention that case?

      Ross

    26. Re:And quite easily avoided. by Chandon+Seldon · · Score: 1

      There's an easier way to get the key *now*, when you have a working HD-DVD player on hand. That means that DRM is worthless for its intended goal of slowing down dedicated pirates.

      What I'm talking about is a secondary effect - in the future, when a working HD-DVD player is hard to find, it may become literally *impossible* to get at the data on a HD-DVD disk because of the encryption. So... back to the initial topic of the thread: DRM *is* intrinsically distasteful. It trades away the ability for an archaeologist to access our popular literature for literally *nothing*, since it doesn't even accomplish the stated goal today.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    27. Re:And quite easily avoided. by lessthan · · Score: 1

      If I invent a perpertual motion machine, I sure as hell want to get paid for it! I would like to at least re-coup the development cost. Without copyright, we'd see the birth of the cheaper-than-troll, brother of the copyright troll. Someone spends major $$$ to develop a new concept and the troll buys one, takes it apart and figures out a way to make a cheaper one. Production ensues and the inventor is broke and in the gutter. What motivation does the inventor have to create? Don't give me that crap about the betterment of mankind either, that type of person is extremely rare and would exclude the lesser. Selfish people have ideas too!

      --
      Space Shuttle was a program that strapped humans to an explosion and tried to stab through the sky with fire and math
  78. Not on topic by gurps_npc · · Score: 1
    Would most people support a DRM that only enforced existing copyright laws, as interpreted by the COURTS (not the music companies), then most people here would agree with it.

    But that goal is intrinsically impossible.

    1) It has to allow legal copys, INCLUDING small sections for educational/parody/news other fair uses.

    2) It has to work on ANY system, including systems where programers fiddle with things at basic levels (which means that the DRM will not work as DRM because then the programmer can strip out the DRM)

    3) It would have to not 'tax' my system in any significant amount. I should not have to buy a more expensive machine so that you can make sure I am not a thief.

    4) It would have to not be capable of spying on me, just prevent illegal actions, no 'reporting', etc. --

    So, this magical DRM system of yours would be acceptable. But it can't exist.

    --
    excitingthingstodo.blogspot.com
  79. Flawed thinking by finkployd · · Score: 1

    Three points:

    (1) There is literally no technical difference between legal copying and illegal copying. How would a drm scheme detect that I was moving to a device I own vs one I don't. Heck, the concept of fair use is legally murky, trying to reduce it to an algorithm would be impossible. How would a drm scheme detect my "intent" which is central to fair use?

    (2) Laws change.

    (3) Not matter how it is spun, DRM as implemented today is a technically flawed concept. Trying to turn pki upside down by giving my a private key and encrypting data to it while simultaneously trying to keep my from accessing my private key is an exercise in futility, which is why nearly every attempt so far has failed. The key needs to be anywhere that the media is decrypted (computer, handheld devices, etc), every one of those places is a chance for someone to get at it. And don't give me "trusted device path" garbage, it all ends with two wires going into a speaker cone, and it can be retrieved that way if all else fails.

    Finkployd

  80. Is DRM punishing me? by soxos · · Score: 1
    Is DRM Instrisically Distasteful?


    ooooh short answer, "Yes," with an if, long answer, "No," with a but...
  81. The ONLY DRM that I would gladly accept by iridium_ionizer · · Score: 1

    The only DRM that I would gladly accept would be a 10 foot tall genetically modified human, designed from the DNA and up to seek out the people that pirate movies still in theatrical release. These DRM Trolls could wander the countryside avoiding law-abiding, fair use-using citizens, only to bust open the front door of a commercial piraters and smash them into a thick paste. He would be driven through indescribable psychological urges to hone in on scents released in high capacity DVD-R burnings through his tailor-made olfactory receptors.

    Ordinary citizens could sit back and relax as the DRM Troll passed, comfortable in our knowledge that he won't be pummeling us and that he will be helping movie actors and crew members.

  82. Under those conditions, OK by Todd+Knarr · · Score: 1

    Under the conditions given, ie. that it enforce all rights under copyright including those that belong to the copy owner, I've no problem with DRM. Well, I'd add one condition: that the system be able to be updated to conform to future changes in copyright law and rights and have those updates take effect. My primary objection to DRM has always been that it protects some rights (those of the copyright owner) without regard to the nuances of copyright law while at the same time not only not protecting other rights (those of the copy owner) but actually preventing excercise of those rights. Correct that imbalance and it'd be acceptable to me (not ideal, but acceptable).

  83. if unicorns existed... by Josh+Coalson · · Score: 1

    the question is pointless. there can be no such DRM capable of determining human intent.

  84. And I also want world peace and a pony by Ungrounded+Lightning · · Score: 1

    If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?

    The question is content-free. No such system is possible. It's worse than trying to solve the halting problem (because it includes interpreting law).

    Systems which ARE possible will be error-prone, subject to misuse both by content sellers (which will use it to abrogate the content user's rights), and will create new vulnerabilities to malware on the users' machines.

    Absent such an impossible system there is nothing to support. So the question is meaningless.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  85. It's about format-shifting. by Jartan · · Score: 1

    For a lot of us format-shifting is what matters. The problem with DRM is that it simply can not allow format shifting.

    The mere idea of format shifting breaks DRM because quite litterally it implies the ability to shift the format into something which does not have DRM.

  86. I object on all levels by yagu · · Score: 3, Insightful

    There is nothing I find acceptable about DRM:

    • assumption of intent: while the proprietors of DRM insist this is about protecting intellectual property, that's simply a canard to hide behind for what they really want, control. Meanwhile, it's clear their "DRM" is an assumption I am trying to rip them off (I'm not).
    • portability: their notion of control proscribes what should be normal fair use. Imagine the old days not being able to take your vinyl records to a friends house to listen because they wouldn't play on other people's machines. That really is insane. The only reason they are trying to restrict to that level today (and they are) is because they can.
    • convenience: there are so many reasons things can go wrong. In today's and the future's DRM world if it goes as far as it seems it may, you risk all kinds of outages, from the momentary inconvenience of grabbing the wrong player (unauthorized), the the catastrophic (an entire collection wiped out because of a lost key).
    • quality: I'm not convinced they can layer DRM into digital art ad nauseum without degradation and corruption, no matter how long and hard they try to convince me they can.
    • trust: similar to "assumption of intent"... after I have my purchased (ummm, sorry, "licensed") digital art in my digits I resent the implication I won't and can't handle the notion of fair use appropriately. Further, I resent their blanket inference we as citizens are somehow that sleazy. The average user doesn't care about cheating and stealing, but DRM finally gives them at least a reason to consider it.
    • ...

    No, I can't say as I find DRM something acceptable at any implementation or level. In its most innocent and benign form it's just irritating noise, in it's most insidious manifestation (and they're going there if they can), it's rage-inducing.

    1. Re:I object on all levels by Autobahn · · Score: 1

      What about corporate use? Think broadly - DRM at your hospital can guarantee that your patient records are never leaked, on purpose or by accident. The powers that be do want to have absolute control of those records, and they should. Even with the best intentions and the most trusted people make mistakes and release data. Isn't it good to absolutely prevent that in this case?

  87. New paradigm by ni42 · · Score: 1

    I agree with the objections to external control (analogous to having devices in cars which automatically enforce speed limits). But in addition to that, I want to see a whole new business model, not The Perfect DRM. I want artists to be able to distribute and market their work much more directly. As a consumer, I'm eager to compensate the artists, but less than thrilled about paying more for several layers of middlemen whose marketing doesn't help me find the things I'm interested in or fairly pay the artists I love. I think the old paradigm will crumble, and I can only hope that something better will emerge. DRMs just seem like a tool based on the status quo.

  88. Added costs by Schraegstrichpunkt · · Score: 1

    The question is basically, "If there were a DRM system that didn't do the things that DRM does, would you be opposed to it?"

    My answer is still yes, for at least the following reasons:

    1. It adds to the non-recurring engineering costs of digital media devices. When you design a device that handles media, you have to pay your engineers deal with the DRM aspect of it.
    2. It adds to the unit costs of digital media devices. You have to add extra/more powerful hardware to every device in order to do the encryption or whatnot.
    3. It stifles innovation. Right now, you can pick up the parts for a new device from your favourite electronics distributor (e.g. Digi-Key, Jameco, etc), and build a digital media device. With DRM, the parts you need will necessarily not be available to you. Even if the parts were available (which they wouldn't be), there would likely be legal barriers to entry into the market. All of this spells doom for small-budget inventors.

    Bottom line: DRM is bad for consumers.

  89. You need even more impossible "IFs" by bill_kress · · Score: 4, Insightful

    I would need to know for sure that I could place the song on any player now or ever to be created.
    I would need to know that I could transfer it to any media that will ever be created.
    I would need to know it would never cause degradation or loss of content.
    No transfer or change of use should require external access for permission.

    If I drive in a friends car, I should be able to bring the song on a USB stick and play it on his player. ...or a CD, or any other technology his car's player accepts.

    I must be able to transfer ownership to someone else.

    I'd expect (although it could be argued against) to be able to share the song with my wife and children.

    Finally, since they have a record of my ownership in order to enable the DRM rights, I'd absolutely expect replacement/reissue any time I wanted it.

    Then DRM will be acceptable.

    The problem is, DRM is absolutely incapable of supporting many of these uses.

    So no, I don't have anything against DRM itself, but it is absolutely, inherently counter to the needs of the public.

  90. Yes by mustafap · · Score: 1

    Yes.

    --
    Open Source Drum Kit, LPLC deve board - mjhdesigns.com
  91. Absolutely by LainTouko · · Score: 1

    Even the impossible hypothetical situation described is wrong. The prohibition of modern private copying without permission was an accident. Copyright was designed to regulate the publishing industry, not private citizens. Private citizens should not be subject to restrictions as to when they can share useful data. We now have, for the first time, the potential for a society in which any citizen can send data to any other citizen. This is a revolutionary situation which we should be embracing with open arms, not deploying technological measures to destroy, just because it inconveniences the current model for funding large-scale media projects.

  92. Answers to the questions by Archangel+Michael · · Score: 1

    "If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?"

    Okay, that is one long question. But here is my one word answer .... No. Not because of the intent of your question but rather because the basic assumption is false.

    "If Pigs could fly would you support their right to fly?"

    The answer to your question, is the same as my hypothetical question here. Since pigs cannot fly, then any question about pigs flying is necessarily flawed, and the answer has to be "No".

    The DRM scheme you describe is ... impossible, and cannot possibly exist.

    "Especially if it meant a wealth of readily available compatible devices?"

    Again, your premise is flawed. There is no such thing available because it is impossible.

    "In other words, if you object to DRM schemes, is your objection based on principled or practical concerns?"

    Again, flawed reasoning. Your are asking an XOR question (one or the other, not both), where the answer has the possibility of being "both". In this case, that would be my answer, I object on both prinicple AND practical concerns.

    DRM is a smoke screen and an illusion. If I can see it, or hear it, I can record it and duplicate it. Quality may suffer, but that is a different question altogether.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  93. DRM inherently violates the spirit of copyright by typicallyterrific · · Score: 1

    My issue revolves around that very same aspect, preventing illegal copies.

    The intent of copyright, as far as I know, is to provide an incentive for others to create content or ideas by giving them a monopoly on their use for a given time period. After this time period, whatever that may be, it reverts to the public domain upon which these ideas can now benefit society as a whole. We want these ideas in the first place.

    However, any remotely useful DRM scheme would go against this. Think about it; say I make a culturally significant CD or article or book tomorrow and sell it only via iTunes or some other DRM-only scheme. I die the day after it is published. Under the law, some 50 or 90 years later, depending on your country, you should be able to use my content in any which way your heart so desires. How do we unlock the content?

    In effect, we're placing control of our media and "intellectual property" in the hands of publishing companies whom we are forced to hope that they will still around by the time the copyright expires. Some might even try to fight releasing it back to the public (why should they host the unemcumbered copies, or the keys?) See the american sonny bono copyright extension act.

    We can still read books, we can still read CDs and records. Even if we lose that technology in particular, we do not have to face a mathematical challenge trying to prevent us from reverse engineering it when we try to do so.

    Finally, illegal copies are already, well, illegal. Prosecute those whom you find to be breaking the law. Copyright affords you that right; DRM is not required for this. In the end, DRM seems to be a race to effectively control and/or lock up what should eventually be our collective "intellectual property" (I am actually not fond of that term). Of course many of these schemes will be broken over time - but keep in mind that none of them are designed to allow unauthorised access once the copyright expires.

    You might see things differently.

  94. Just put a chip in our heads by MobyDisk · · Score: 1

    If it were possible for a computer to know what is legal and illegal, or moral and immoral, then why limit it to a piece of software on a disk? We could just put it on a chip and into everyone's brain to make them only do moral/legal things. And we could replace courts and judges too, since they just enforce the law, and this chip somehow knows the law. There are various Sci-Fi/distopian works based on this concept. They aren't pretty.

    1. Re:Just put a chip in our heads by Creepy+Crawler · · Score: 1

      If you have a few hours, check out The Metamorphosis of Prime Intellect at k5 http://www.kuro5hin.org/prime-intellect/ .

      Scary scary story by baldrson.

      --
    2. Re:Just put a chip in our heads by Spyder_Snyper · · Score: 1

      Nah... I would never put a chip in my head that does that. And I'm pretty sure there would be too many people who would oppose it. What we REALLY need is Judge Dredd. THAT will solve the problem then...

  95. In the future... by Anonymous Coward · · Score: 0

    1) Optical disks will be obsolete and everyone will have giant harddrives they carry around with them. They will put all their content on the drive.

    2) In an infinite supply world the cost of all media will tend towards zero.

    3) Any content not fitting on the drive by way of DRM will be ignored.
    a) Carrying around a bunch of disks no longer works, as a hard drive is more convenient.
    b) The only way to backup a hard drive is with another hard drive.
    b) Making media more portable gives it a greater audience.
    c) Making media less portable gives it a smaller audience.
    d) Getting burned by DRM is a strong deterent against DRM.

  96. Silly Question by Steve525 · · Score: 2, Insightful

    As others have pointed out, this is a silly question. There could never be such scheme, since the boundaries between legal and illegal use are so fuzzy, and may depend on the intent of the user. What you are really trying to ask is, "Is this fair-use thing just a smoke screen, and is the real reason we all object to DRM is that it prevents you from committing obvious copyright violations?"

    I suspect there's some truth to this. I'm sure plenty of people here download music/movies etc. that they don't really have the right to. I personally wouldn't care so much if I couldn't do this. (Although I won't claim that I haven't). However I do like being able to trade and copy CDs from friends. This isn't really legal either, and DRM such as you described would put a stop to this, too.

    In it's current form, though, DRM makes it harder for me to do things I should legally be able to do.

    One obvious example: iPods play music. iTunes software makes it really easy to tranfer the music from shiny disks I buy onto the iPod. iPods also play videos. However, there is no legal software that I'm aware of (and iTunes certainly doesn't) that allows me to transfer my movies from shiny disks I buy onto the iPod. This is solely due to the DRM on DVDs.

    I think illegal trading has served a valuable pupose: I wonder if without illegal trading, we'd have iTunes today. Without any compitition, it would probably be in the music companies best interest to keep forcing us to buy music as complete CD's.

  97. DRM takes away rights by zoeblade · · Score: 1

    Even if it were possible to stop people from copying something unless it was for fair use (which it isn't as the device can't tell context), it would still be a waste of people's time implementing such a scheme. The whole point of DRM is to stop people from freely sharing something that is inherently designed to encourage sharing. You can put all the hard work and effort into making the original that you want, but it benefits society as a whole to be allowed to study and improve upon your work. This should apply to everything, be it medicine, genetically engineered crops, or digital media. Taken to its logical conclusion, this would probably mean that governments should fund scientific research, that musicians and actors should be paid for live performances, and that no patents or copyrights should exist. Just a thought.

  98. Get Real by Alchemar · · Score: 1

    Would you have a pet unicorn if you could have one. Look at all those idiots that want an imaginary animal. This is a question phrased to come back later and say look at all the people that agree to DRM, even on slashdot. The only way that you could allow all legal uses of DRM protected material would involve tracking every person, every use, every location, time and date of that use, the current holder of the copyright, any lawsuits that have been settled about a particular song.

    If a song writer gets sued over a song he released in the public domain, there would have to be a way to restrict the song retroactively. If a song writer gets sued and the song is declared public domain, then all copies need to be unlocked upon release of the judgment. When copyrights expire, the DRM needs to take this in account. When Disney increases the duration of copyright for 10 generations instead of 5, the experation date of all DRM files would need to change. If I fly to a country that has different copyright laws, the restricitions would need to change as soon as I cross the border. How will the cd player know that I just got a letter in the mail from a garage ban saying that I could copy that CD they cut as a demo before they broke up. You have some kind of DRM monitoring device that can tell if I want to make a satire of a copyrighted work? If you do have a magical software package that can determine all these things, how do you keep people from lying to it. If you trust the people not to lie to obtain a free copy, why do you need DRM?

    I am against fair DRM on the same grounds that I am against perpetual motion machines.

  99. Witness what DVDs can do by AnalogDiehard · · Score: 2, Insightful
    When I witness a DVD sending a command to my player to ignore the skip/FF buttons during ads and FBI warnings, that is a foreboding omen of things to come from DRM.

    That is very frustrating and points to a practical reason why I oppose DRM totally.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  100. to late by Anonymous Coward · · Score: 0

    Once something leaves a bad taste in your mouth you will find you never really like it. Had the media conpanies put some intelligent thought into real world use of DRM and its' affects on people and designed this at the beginning I think it would be generally accepted and well received. By forcing it on people and treating them as criminals and they created the situation where people go out of their way to avoid their products. I dont think it matters much now if they try to rethink there approach, the damage is done. When you lock people into what should be commodity dont be surprise to find no one wants anything to do with it no matter if you put a different window dressing on it later.

  101. Media are plural by unitron · · Score: 1

    If digital media was available for sale at a reasonable price...

    Should be "...were available..." or "If a digital medium was available..."

    As for this question of magical imaginary DRM,sure, fine, as long as it has no effect on hardware whatsoever.

    I don't want to pay extra so that manufacturers can include stuff I don't want to limit what the hardware can do, and I don't want uncrippled hardware unavailable at reasonable prices because everybody is concentrating on making and selling crippled hardware because the majority of the buying public has been conned into buying those devices. 56K hardware modems never came down in price due to mass production because the market was stolen by WinModems which appeared to cost less but required a greater CPU investment and often OS lock-in.

    I shouldn't have to pay more for hardware and settle for reduced choice as well just because somebody else might violate copyright anymore than I should have to pay more for a car because they all have to have disabling devices built in that detect whether the vehicle is being used for the getaway in a bank robbery.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  102. Not distasteful but pointless. by EWAdams · · Score: 1
    The age of copyright is coming to an end. Sooner or later, all information will freely distributable. (People may get paid for the labor of creating the information, but they won't be paid for the information itself.) Thus, even a non-irritating, non-intrusive DRM system is ultimately pointless.

    However, such a DRM system -- if it could be created, which is debatable -- might stave off the eventual dissolution of copyright for several decades.

    --
    I piss off bigots.
  103. Ah, well, by biglig2 · · Score: 1

    This is of course not a meaningful question. As I belive Cory Doctorow once pointed out, the only way you can build a DRM system that is able to accurately determine whether a copy is fair use or copyright violation is to embed in it an AI simulation of the Supreme Court of the USA.

    And by the time that's possible, we'll have dismantled the MPAA, along with all the other non-geek population of the earth, in order to make more computonium. It'll be sad, but I can't imagine we'll pay much attention to our emotion subroutines.

    --
    ~~~~~ BigLig2? You mean there's another one of me?
  104. DRM is like Buckley's by Dretep · · Score: 1

    It tastes awful, but it works - most of the time...

  105. Defective Merchandise is Intrinsically Unethical by ewhac · · Score: 1
    Copy protection is a product defect.

    It is a deliberately-introduced capacity for failure. If the copy protection were not there, the corresponding failures would not exist.

    It is, to varying degrees depending on circumstance, unethical to manufacture and distribute merchandise you know to be defective.

    It also complicates your QA process. How do you know the failure you've encountered is the result of a genuine defect, or one of the fake ones you've incorporated?

    You also can't make the case that, in order to ensure an artisan's livelihood, you, as the buyer of that artisan's work, must accept defective merchandise. There is no way to semantically spin a deliberate defect as a fair trade. The "tradeoff", such as it is, is unbalanced and unfair.

    So, copy protection is intrinsically unethical, and should be rejected wherever and whenever possible.

    Schwab

  106. This is a flawed question by hendersj · · Score: 1

    "but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying)"

    If you can play it, you can copy it. End of story. The point of DRM is to limit usage by preventing format shifting, time shifting, or playback on different devices.

    The question is based on a false premise - that you can control only illegal copying but allow legal copying. If copying is allowed, legal and illegal copying will occur - and there's no way around that.

    What solves the DRM "problem" is for the price point to be *fair* to consumers, rather than based in price fixing and unreasonable usage restrictions. Back that up with legal action (and not the types of crap **AA are doing, but go after the ones who are making illegal copies and selling them for a profit on the black market rather than the grandmothers who don't have computers and can't download stuff via P2P because they don't know what it even is).

    --
    Insanity is a gradual process; don't rush it.
  107. Yes, unless open-sourced and freely available by CodeShark · · Score: 1
    Let us assume a hypothetical situation in which I (a content producer)
    • am equipped with a minimal amount of equipment in the form of access to a) a library computer with a USB port, an inexpensive USB connectable digital camera/video corder/scanner/whatever, and the cord...
    • I am the only person in the right place at the right time and capture some amazing event with world-wide benefit and implications...
    • I do not wish to keep the benefit to myself or profit unreasonably from the dissemination of the content, and
    • the library auto-encodes my content to the theoretically perfect DRM solution that meets all of the listed specs, but is not open source and is not freely available to run on ALL browser connected systems.
    My content is no longer free. It is now controlled by an outside interest that can profit from it's dissemination or alternatively from it's suppression.

    For example, if I invented a vaccine for one of a number of deadly viruses and wished to publish both the vaccine and the inexpensive production method for use throughout the world -- in the process rendering a highly profitable line of drugs useless. If you can't unlock my content because the DRM is commercially controlled, then what?

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  108. Speaking for myself by Anonymous Coward · · Score: 0

    Given a choice between buying restricted content and going without, I go without. I own 2 DVD movies, both were gifts and I watched them using xine. No way I'd invest in more given the legal uncertainty over CSS decryption.

    I had a switch hooked up to my cable box and the a tech was awestruck when I told him that the macrovision wouldn't affect my viewing because I wouldn't pay for a deliberately sabotaged channel. If I want to convert to S-Video or mult the signal to an old hi-band deck, so long as I'm not redistributing it's nobodies business but mine. Guess I'm in the minority?

  109. Short Answer: Yes, Long Answer: See Below by Jthon · · Score: 2, Insightful

    Would I accept a DRM scheme that ONLY prevented illegal copying and other illegal uses? Sure.

    But such a system could never be built. For me to buy into a DRM scheme they would have to allow me to back up any and all files as I wish. Watch, listen, or read such files on any equipment that would be capable of accessing such information if it wasn't DRMed, and not expire or limit my ability to access the data in the future.

    The problem is that with any scheme is that both legal in illegal actions will likely look identical to the system. Let's use music as an example. I should be able to copy my song to my MP3 player, leave a copy on my computer, share the song over a network with other devices in my house, and burn as many CD's as I want as long as I only play one copy of the song at once. How would such a system be able to tell that in one case I'm burning a CD to use in my car, but in another I'm burning one for a friend?

    Sure we could require special authentication along the line, but that would require the DRM exist in EVERY device I would want to use. This isn't acceptable as I'm not about to buy new CD players, DVD players, or other playback devices. It also seems to be an invasion of privacy as any scheme would require constant monitoring of everything I do.

    So while such a system initially sounds great, implementing such a thing will probably never happen.

    -Jthon

    1. Re:Short Answer: Yes, Long Answer: See Below by AeroIllini · · Score: 1
      The problem is that with any scheme is that both legal in illegal actions will likely look identical to the system.
      That's absolutely correct.

      The key to this whole mess is intent. The DRM scheme cannot possibly know why I made the copy, and therefore it doesn't know if the copy is illegal or not.

      But back to the question of whether my objection to DRM is on practical or philisophical grounds: at this stage in the game, the question doesn't make any sense. It's like asking how much the color blue weighs. There is no way for a technological system to know intent of the copy, and therefore the hypothetical Perfect DRM is an impossibility.

      What worries me more is the implicit acceptence and slow erosion of our rights that happens when we settle for a system that's "almost good enough." Apple's DRM is infringing on people's fair use rights, but it only takes away a few, and that's "almost good enough." It's a slippery slope.

      After all, it is theoretically possible for cars to know what road they are on (via GPS) and what the speed limit is (via a wireless connection to a database) and it is possible to install a device that limits maximum speed (a governer). Would people be opposed to installing a speed limiter in a car that would force drivers to drive at the speed limit or below at all times? What if installing such a device meant you saved 50% on your car insurance premiums? What if car makers started voluntarily installing them standard on all models? What if Congress passed a law saying it was illegal to tamper with or remove them once installed unless you are a licensed and bonded repairman? What if farther down the line, the government makes it mandatory that all cars sold in the U.S. have them installed?

      DRM in any form takes away rights, even if they're rights that 99% of the population will never use. Losing any rights at all is a Bad Thing (tm).
      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
  110. The question is moot by nsayer · · Score: 1

    Allowing format shifting implies the ability to shift it to an unlocked format (allowing format shifting to locked formats doesn't count as format shifting). Allow that and you might as well not bother with DRM at all. For that reason, the whole question is moot.

  111. Neither by QuietLagoon · · Score: 1
    My objection to DRM is that it takes the judgment and punishment for the illegalities of wrongful copying out of the court system.

    So far I have not seen one DRM vendor provide any rationale for usurping my right to a fair trial, and replacing that right with the DRM being the judge and enforcer.

  112. Simple objection - who pays for it by orionpi · · Score: 1

    To put it simply, I don't want to pay for development time to design a product to prevent me from doing things. Previously software development costs were to add features to empower the user, not limit how the user uses the product..

  113. Fundamental Objections by FrankDrebin · · Score: 1
    DRM is fine if you agree to it contractually. My main objections to entrenching DRM into law are:
    1. DRM doesn't prevent determined infringers and never will. It is a colossal waste of time and money conjured by lawyers.
    2. A copyright holder, always a private entity (in the US), has no business controlling or even downgrading my (or your) entertainment equipment by force of law.
    3. DRM does not expire, but copyright does. If DRM actually worked, big media gets defacto infinite copyright term.
    --
    Anybody want a peanut?
  114. this is the wrong set of questions by virchull · · Score: 1

    This is the wrong set of questions for reasons that many people have laid out - no way to define "illegal copying", no hardware to support, no architecture, no mass appeal - DRM appeals mostly to media companies, yada yada.

    A better set of questions would be: Have art creators, e.g.,musicians, movie actors, writers, been seriously harmed by the lack of DRM? If they have been harmed to some extent, can they take actions, other than using DRM, to compensate, or even come out ahead? I specifically leave out media corporations in the issue of being harmed because they are businesses and like any other business they need to deal with technological change. Risk is the nature of business, and businesses must change operations, and not legislate their way out of difficulties.

  115. Flawed Premise by spoonboy42 · · Score: 3, Insightful

    A DRM scheme which allows full legitimate usage is no longer a DRM scheme. DRM can only regulate technical actions, but whether or not an action is legitimate depends on human factors. If a DRM scheme allows me to change formats and move content to any device I want, then I should be able to view content on Linux, re-encode to XViD/Ogg Vorbis, put the files up on my home server, and stream them to the PCs around my apartment. I should also be able to ssh in from work or school and pull down a few songs to listen to at my desk. All of this is legal fair use, because I paid for the content in the first place. If DRM doesn't restrict these actions, then I really don't see how it can hope to restrict doing the same re-encoding and sticking the files on some P2P network.

    DRM as it is today is like buying a car with a governor that keeps the speed locked below 20 miles per hour, so that no matter where you drive you'll never be speeding. It can get you around your neighborhood, but by not trusting the user, it prevents you from doing things that you really ought to be able to. If the governor were set to 70 miles per hour, I would still find it distasteful, because the system is still setting parameters on exactly what I'm able to do with it, and the parameters continue to stifle legitimate use (for example, I can drive as fast as I want on a private road).

    Basically, it boils down to this: either a DRM system must lock down uses which are perfectly legal, if rare, in order to stop piracy, or the system must be so weak as to be essentially nonexistent and allow everything (including piracy). Trying to design a system which lets you have your cake and eat it too, so to speak, is like trying to design bullets that only hurt the bad people.

    --
    Anonymous Luddite: "What do you think of the dehumanizing effects of the Internet?"
    Andy Grove: "Not Much."
  116. Irrelevant. by seebs · · Score: 1

    Making a DRM format that only ever impedes illigitimate use, but always allows legitimate use, is omniscience-complete.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  117. Principle by Trojan35 · · Score: 1

    I reject it because although I buy a "license" for a piece of software, if the DVD is scratched they do not send me another at a nominal value ($1), they charge me the full price. Therefore, I should be able to backup my data.

    I reject it because of the lies the industry has told us about HD content.
    I reject it because the first HDTV's won't even be able to display flagged HD content.
    I reject it because it locks out entrepreneurs from creating middle-ware components.
    I reject it because it promotes incompatibility.
    I reject it because it wastes our government's, media's, and corporations' time.

    I reject it because once again, it limits my use, does NOTHING to stop illegal piracy, and *I* have to pay the additional cost.

  118. DRM is distasteful by dukerobinson · · Score: 1

    I am opposed to DRM as the idea of intellectual property is flawed in the first place. Aside from instructions detailing the construction of a hydrogen bomb, the free exchange of information benefits mankind. The internet long ago made obsolete the business model of the big record companies, and it is time that we stop trying to prop them up artificially. Let artists make a living the way they have since time immemorial, by performance, or creating physical art. Software programmers can contribute to mankind's collective knowledge and ability, and if they don't have anything new to contribute, there are other jobs. Rewriting software that accomplishes the same task with the same efficiency is silly. Open source must be the law. Intellectual property is a ball and chain that our our society must (and will inevitably) shed. The question is, how long will we continue to shoot ourselves in the foot and hold back human progress? There is not one person reading Slashdot who has not copied a tape, "pirated" software, or swapped an mp3. You know you have done it, and you know that you do not feel guilty about it. Stop lying to yourselves.

  119. Just so's ya know.. by CantStopDancing · · Score: 2, Informative

    almost everybody you know != 1 in 100 people.

    Unless you personally know 60 million people.

    --
    I'm running a pirated copy of Linux.
    1. Re:Just so's ya know.. by CaffeineAddict2001 · · Score: 0, Redundant
    2. Re:Just so's ya know.. by Anonymous Coward · · Score: 0

      both good points, but i have to agree with you.

      if 1 in 100 people did something bad with a gun, per lifetime, we'd have anarchy, followed by martial law, followed by an economic disaster the likes of which have never been seen, which would be followed by more anarchy.

  120. Irrelevant by evil_Tak · · Score: 1

    The question is so flawed that there's no way to answer it. It's like asking, "If you could create something with no volume and no surface area, what color would you paint it?"

    It has been proven that DRM cannot disallow redistribution, let alone make a distinction between unauthorized distribution and fair use.

    http://www.dashes.com/anil/stuff/doctorow-drm-ms.h tml

  121. Depends on context by Phreakiture · · Score: 1

    I have no problem with my satellite TV provider using DRM.

    The DRM that they have applied is applied to equipment they own (as opposed to being imposed on my PC). This DRM prevents me from watching the channels to which I am not subscribed, and enforces the "view" part of the "pay per view" channels (by calling home to tell them I need to "pay" and cutting me off if I don't).

    The signal that comes out is compatible with my TV. I am not prevented from recapturing it. It is analogue, in the case of the particular receiver that I have, but this is not universally true.

    The competing satellite TV network uses Macrovision on several channels to prevent recording. These guys do not.

    I do not approve of DRM as applied to media or equipment that one purchases. If they want me to be subjected to DRM, then let them buy me the equipment to play it.

    --
    www.wavefront-av.com
  122. Applying this argument to other copyrighted works by zoeblade · · Score: 1

    If genetically modified crops were available for sale at a reasonable price, but subject to a scheme that allowed full legitimate usage (growing, eating, etc.) and only blocked illicit usage (growing a second generation you didn't pay for, cross pollination), would you support the usage of such a scheme? Especially if it meant a wealth of superior food? In other words, if you object to such schemes, is your objection based on principled or practical concerns?

    Of course, crops are more important than entertainment, as they can be quite literally a matter of life and death, but both things use technology in order to stop people freely using and sharing them as they otherwise would naturally be able to, because of patents and copyrights.

  123. I'm not sure your question makes sense. by hedrick · · Score: 1

    I think the distinction between "principled" and "practical" is hard to make. I don't object to the three letters DRM. Objections are to what the technology does. So in some sense all objections are practical. If you permit magic, you can come up with a set of specifications that I woudn't object to. But it's hard to imagine a real technology that I would find acceptable. Sure, if all it did was prohibit giving away copies to someone else, I might not have a problem. But I'm single. If I had a family I'd be concerned about other family members. I'm also worried about what happens at the end of copyright. If there are no unencumbered copies, can it get into the public domain? And will any real technology have a long enough lifetime and good enough compatibility to actually meet the requirements you mention. I very much doubt it.

    I don't know what the answer to piracy is. But I suspect it's not DRM in the current sense. In a world where it's easy to find illegal copies, the way to sell legal copies is to make them as useful as possible. I can't fathom a strategy based on making the legal copies progressively less and less useful.

  124. DRM not necessary. by Devv · · Score: 1

    No, twice. If media was priced reasonably DRM wouldn't be needed. And I as a customer, or pre DRM customer, don't want to pay for the developement of some badass encryption that can do nothing but cripple me what so ever.

    --
    +1 Agree -1 Disagree
  125. Can't be done. by Dr.+Manhattan · · Score: 1

    "Trying to make bits uncopyable is like trying to make water not wet. The sooner people accept this, and build business models that take this into account, the sooner people will start making money again." - Bruce Schneier

    --
    PHEM - party like it's 1997-2003!
  126. DRM is bad for consumers by Bluefirebird · · Score: 1

    DRM is just bad for consumers.

    Just look at iTunes. You buy DRM protected songs that can only be played on your computer and your iPod.
    If you buy a CD, you pay an average of 30c per song in royalties, while in iTunes you pay 70c in royaties. What do you get? A lossy compressed song that is crippled by DRM. Besides that, you are actually paying for the DRM you are using. You pay the licensing fees for the fairplay system.

    DRM creates monopolies and it only benefits large companies.
    Just the other day, there was a report on the SONY's policy to keep porn out of blue-ray. Porn has always been the testing ground in the U.S. for freedom of speech. You may not like it but you shouldn't prohibit it.

    If porn content distributers cannot license blue-ray, what is stopping SONY from blocking other small content distributers?
    Maybe they will block next films that go against "family values".
    DRM creates vertical monopolies by coupling technology with the content. This goes against the fundamental principle of converging technology: play everything in every device, where ever you are.

    --

    Fear is the mind-killer.

  127. "Only In America" by Tim+Ward · · Score: 1

    Anywhere else such a vastly high murder rate as 1% would get some action.

    1. Re:"Only In America" by Culture · · Score: 1

      Is school in the UK as bad as in the US? A murder rate of 1%, given the US population of 300M, would indicate 3M deaths per year. Surely you do not believe there are 3M murders per year in the US? The actual number of firearms homicides is about 11,000/year.

      --
      ----- There are two kinds of people in this world, my friend; those with loaded guns, and those who dig.
  128. Not possible by gweihir · · Score: 1

    Whiole it sounds good, this is not possible. What is "illicit copying"? Right, copying that the copyrightholder does not want. There is no way to allow me everything I want to do with that stuff, while disallowing everything the copyright holder does not want.

    For example, I cannot do backups, since by its very definition backup needs to be restorable without anuthing that the backup. And it needs to be restorabne to an entirely different system. That is already enough to require unlimiting copying possibilities. I also want to be able to play stuff for my friends. If I now leave for the kitchen for a moment, should the stuff be allowed to stop playing?

    So stop this argument. DRM is, and can only be, about the copytight holder dictating what can be done and what not. Since copytight is not a natural right in any way, but an artificial one made to stimulate creation of content (which can also be done in other ways), there is no reason at all to give copyright holders this power.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  129. DRM -- No. Detection, sure. by MarkLewis · · Score: 1

    I don't think anything that PREVENTS possible uses would ever really be palatable unless it had a magic sensor to detect the intent with which an action is performed, so I will always oppose DRM. I don't think I'm determined enough to maintain that position if all non-DRM'd avenues are closed, but as long as there are ethical ways to get non-encumbered content, I don't think that any kind of magic "less evil" DRM would ever get a dollar from my wallet.

    On the other hand, I wouldn't be opposed to anything whose sole purpose is to trace infringing content. Some kind of perfect watermarking technology would be acceptable, because the assumption isn't that I'm a bad person that is going to do evil things with the content (as with DRM), instead the assumption is that I'm a good person who will use the content responsibly, but if I don't then I leave fingerprints around that the cops can use to find me.

  130. Interesting comment by killmenow · · Score: 1
    Almost everybody I know has copied something illegally at some point in their lives.
    I want to say something about this comment; but, I can't quite put it into words. I've re-written this reply many times over and I just can't seem to get the right essence of what it was about the quoted bit that peaked my interest. It's something along the lines of laws being on the books that have no right being there, laws that society en masse ignores, selective enforcement, and repealing the 18th Amendment. Roll that all up, add a twist of lime, shake, and pour over ice. Then you'll be getting somewhere right about what's going on in my mind.

    Geez, I wish I were more coherent. I should probably lay off the booze.
    1. Re:Interesting comment by Rudd-O · · Score: 1

      Once you layy off it... *hiccup* why donncha shpare a bottll fur a poor guy like me?

      --
      Rudd-O - http://rudd-o.com/
  131. My objection - it is MY computer by bigberk · · Score: 1

    My objection is that this is MY computer - I own it, I paid for it, I run it, and I can pull the power plug on it. I will not load it with software that works against me.

    DRM sets up a mini battle going on within the OS/motherboard/applications. I refuse to let that battle happen, because this is my property to begin with. I just will not tolerate the insult of software that works against ME, the owner.

  132. OT/reply by Anonymous Coward · · Score: 0

    There is nothing special about our time. Except that, without it, just when would we be?
  133. That's an easy one by arodland · · Score: 1

    No such thing will ever exist. A digital system can't the difference between legal and illegal copying, and it will stay that way until we have AIs that are smarter than Federal judges. (Yes, I know that's a pretty low target, but AI still hasn't reached it). Maybe there would be a point in arguing about such a perfect, unobtrusive DRM system, but it will never exist, so there's no use bothering. Anything that can actually be implemented is going to be annoying and insulting. So yeah. DRM is bad mmmkay?

  134. DRM Isn't Really Possible by MarkPNeyer · · Score: 1

    If you take a look at DRM from the point of cryptography, you begin to see how silly it really is. Normally in cryptography, alice wishes to send a message to bob, and neither alice nor bob wishes eve to be able to read the contents of the message. This is NOT easy to do, but it's possible if you design your system well enough.

    The 'DRM' problem is as follows: Alice wishes to send a Message To Bob, without Eve seeing the Message. Bob however, would like to show Eve the message. In this case, Alice is a Media Producer, Bob is a Media Consumer, and Eve is a would-be pirate. You can't even begin to argue how any system could be provably secure. All current DRM systems are based upon security by obscurity, which cryptographers have known for years doesn't work.

    The legal system must accurately reflect the portions of reality which it is intended to govern. The concept of a functional DRM system is becoming more and more an imaginary thing.

    --

    My blog
  135. Nope by tom's+a-cold · · Score: 1

    Any DRM scheme that allows fair use can be abused, since it is impossible to distinguish legitimate time-shifting and format-shifting from copying with malicious intent. Therefore, any DRM scheme that cannot be bypassed by emulating the exercise of fair-use rights will necessarily prevent the exercise those rights. And that's why I am against it. DRM's absurd extension of the ability to arbitrarily assert property rights is unethical and fails to balance the rights of the producer against those of the consumer.

    --
    Get your teeth into a small slice: the cake of liberty
  136. This is the only DRM scheme that will work by Elladan · · Score: 1

    I'd like to propose a DRM scheme which I'm confident is the only one which can meet all the requirements for a non-evil DRM simultaneously -- specifically, it must allow legal copying, but prevent illegal copying. In addition, it must be compatible with all operating systems, including ones that already exist and don't yet exist, and those operating systems that will exist in 500 years or whenever the copyright eventually expires.

    Here is how this DRM scheme works:
    1. There is a field in the file which specifies that it's copyrighted, along with some details about who owns the copyright, when it was copyrighted, in what location, etc.
    2. When you make a copy of the file in a way that might reasonably be thought to infringe a law somewhere (eg. you send it over the network), software should show the following:

    "Warning: file is copyright (c) Joe Schmoe, 2007."
    "Please verify that the copy you are about to make is legal."
    "Really copy? [Copy] [Cancel]"

    3. If the user presses [Copy], the copy is made.
    4. If the user pressed [Cancel], the copy is not made.

    This is the only workable "DRM" scheme which will effectively prevent infringing copies, while allowing users to make the legal copies to which they're entitled.

    If you wanted to make it really fancy, you could extend it to Manage Digital Rights, and for example display a link to a site you can go to purchase the right to make another copy, as well as keep track of when the copyright expires.

    The funny thing is, all the popular file formats already support this scheme (mp3, etc.), yet for some reason the *AA don't seem to want anyone to use it. I wonder why... Could it be that they don't actually want a scheme that effectively manages your rights and allows you to make use of them as the law allows?

  137. *IF* there were "perfect" DRM... by SmoothTom · · Score: 1

    *IF* there were "perfect" DRM, a DRM that did not extend beyond or 'expand' the copyright laws into areas they do not cover, and if that "perfect" DRM didn't remove any rights from either side of the equation, and allowed me to personally listen to music I've bought the right to listen to whenever/wherever I want to, I would have no problems with the DRM in any real sense.

    I seriously doubt that such a thing is possible with ANY current hardware/software.

    I personally ran into a "DRM problem" last year. The sound system in both my vehicles will play "MP3 CDs" and I have a large collection of DRM protected music bought on-line from iTunes. For long trips I like having "travel CDs" that have hours of music on them so I'm not constantly fiddling with the CD player while trying to drive. iTunes refused to allow me to directly make an MP3 CD with any of those songs on it.

    Yes, I could legitimately have converted to full AIFF audio, burned CDs of them (max about 72 minutes each) and then converted those to MP3 and burned a couple of 6.5 hour MP3 CDs for the car. iTunes would have allowed that without objecting, but then I would have all these "regular" CDs I'd burned and didn't want - a total waste.

    Instead, I used some third party open source software to directly convert every last protected iTunes bit of music to unprotected MP3s.

    Shortly after that, Apple once again made internal changes to iTunes to prevent that software from working - and I have not bought one single iTunes selection since. Hmmmmmmmmmmm...

    I don't wish to copy and distribute music to others, I just want to listen to music at home and in my cars. Until I can do that, simply, easily, and without ridiculous extra steps, I won't be buying more DRM'd music.

    --
    Tomas

  138. What about radioactive decay? by mangu · · Score: 1
    The DRM could be implemented in a hardware dongle with a chip containing a small radioactive crystal, just like many smoke detectors have. When the radioactivity decayed below a certain limit, the dongle would allow free access.


    Of course, nothing is perfect, that dongle wouldn't be able to allow for the extensions that legislation in the USA creates every time the copyright on the first Disney film is about to expire. Life is a bitch. Or would you say that not everyone agrees to those copyright extensions?

    1. Re:What about radioactive decay? by e_armadillo · · Score: 1

      You would have to have a unique dongle per "work" wouldn't you? So my mp3 player would have 1 dongle per album? or release year?

    2. Re:What about radioactive decay? by mangu · · Score: 1
      You would have to have a unique dongle per "work" wouldn't you?


      Hell, no, *I* wouldn't! The DRM people who want extended copyrights would!

  139. If water wasn't wet... by Col.+Klink+(retired) · · Score: 1

    Bits can be copied. Speculating on how to remove their fundamental property is waste of time. Speculating on how to make bits track and implement legislation (laws do change, you know?) is even more inane.

    --

    -- Don't Tase me, bro!

  140. How about this ... DRM OR Copyright. Not both. by Anonymous Coward · · Score: 0

    If an individual or organization wants to use DRM, that's there perogative. But unless it easily and cheaply allows all legal fair use, it forfeits any protection under copyright.

    So, if they want to go it on their own, the DRM is their ownly protection. If it gets cracked, to bad. If they forgo DRM, they have the full backing of the law to pursue copyright violations on their work.

    In this view fair use is not just a right of the consumer, but an obligation of the copyright holder.

  141. Only if copyright == copyobligation by aix+tom · · Score: 1

    One problem I have is with restricting the copying a media is that what happens when the copyright owner disappears.

    I have a list of about 50 or so movies open I try to get, but they are unavailable in any formats anywhere. I managed to get some of them by copying from someone, or from some other *cough* sources *cough*

    Copyright was once invented to give artists compensation for their contribution to the arts and society. The basic idea should still be that the artists work becomes part of the common heritage some day

    So in my opinion DRM would only be OK if the copyright holder also had a copyobligation ( for a fair price ) if someone requests a copy. And there should be a 'official' way to get a copy in case the copyright owner disappears.

  142. DRM doesn't change anything by gallondr00nk · · Score: 1

    As mentioned before, the only thing DRM can achieve is to inconvienance a copy procedure, not bury it totally. Even if everything in my house had a locked architecture, I could hold a microphone to a speaker or a camcorder to a TV and still record. Only by outlawing and banning *any* sort of recording device would DRM become anywhere near a success, and thats on the assumption that it's uncrackable. Until someone replaces my eyes and ears with digital equivilents (nasty thought, huh?), there will always be an analogue output to any media. The way I look at DRM is thus. I still uphold my right to break copyright to make a CD for my girlfriend or for my car stereo in the same way that I'll drive my car at 110mph when it's 3am and there's no cops on the motorway. Or in the same way that i'll stub a cigarette out on the pavement or (back in the day) buy alchohol underage. We are all guilty of something, so why bother hiding it? If i get caught, then I am a fool. Simple as. Just because it is a law doesn't mean that everyone adheres to it. Being honest, I wouldn't imagine that the powers that be would want everyone to adhere to it. Civil disobedience is the summit of a free society, and the time to start worrying would be when everyone starts doing what they're told.

  143. Silly hypotheticals by dazedNconfuzed · · Score: 1

    Question amounts to:
    "If something that sucks, could be made to not suck, except for where it would continue to suck, would it still suck?"

    Charles Babbage noted:
    "On two occasions I have been asked [by members of Parliament], 'Pray, Mr. Babbage, if you put into the machine wrong figures, will the right answers come out?' I am not able rightly to apprehend the kind of confusion of ideas that could provoke such a question."

    --
    Can we get a "-1 Wrong" moderation option?
  144. Open Source by SanityInAnarchy · · Score: 1

    Let me add that I, personally, prefer mplayer to watch movies, and usually mplayer or audacious to listen to music.

    Others prefer VLC. Still others actually prefer Windows Media Player or iTunes (yuck!)... I prefer mplayer.

    Now, mplayer is fundamentally incompatible with DRM, because the only way this would work is if every single configuration I want to play with is covered by your trusted computing hardware. And you can't possibly do that, because what if I want to do some kernel hacking? What if I have custom mplayer plugins?

    I reject the DMCA, and I play DVDs on Linux as a matter of civil disobedience. And it's important to keep in mind that if you accept the DMCA, you are saying that anything not covered by the DRM scheme is automatically illegal, because it is illegal to circumvent the DRM scheme.

    But, if you ignore the DMCA, it is wholly legal for me to play my media on whatever hardware or software I want. And for me, and others like me, it's not merely an issue of having the particular combination I like now be able to play it, with the feature set I like now. It's a matter of being able to change my mind later, or even hack it or patch it myself -- or pay someone else to do so.

    Let me provide a simple example: I rent a movie. I bring it home, and pop it into my Powerbook, and rip it from there, because for some reason, my Powerbook seems to be good at ripping movies. I then copy it over a network to my Linux desktop. I return the movie. Then, sometime tomorrow, I watch the movie, then delete it.

    I consider this to be a perfectly legitimate form of time shifting, yet any DRM architecture which would allow me to do that would also be so restrictive in terms of things completely unrelated to music that I would never willingly use it. We've already seen this with Windows, by the way -- pop in a Sony CD, the autorun installs a custom CD driver (or layer, or somesuch) which, if you attempt to tamper with it (or remove it), it kills your CD drive, and if you don't, you can't copy that CD, or even play it with normal software.

    Now, I will say that I'm willing to make compromises, sometimes. For instance, most media (movies, music) may be played by all kinds of software, including open source -- it's not as if they ship a player with the media. However, most games must come with their own software, and so already are requiring the main thing I don't like about DRM -- being forced to use their software instead of having a choice. But, since I'm already being forced to use the Source engine to play Half-Life 2, and since that is as it should be, I'm willing to compromise here -- I don't mind that it requires Steam, and in fact, it's nice that Steam lets me do just about everything that's not infringing.

    But, with music and movies, such restrictions are unnecessary, usually much worse than Steam, and even if they weren't, it's not worth it to me -- I can still rent DVDs and listen to my local radio station. And I should mention, this station runs entirely on open source (Ubuntu and FreeBSD), and stores just about all their music in Ogg Vorbis ripped from CDs, and the studios don't seem to have a problem with it.

    --
    Don't thank God, thank a doctor!
  145. This hypothetical DRM is self-contradictory by Great_Jehovah · · Score: 1
    subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.)
    If format shifting is allowed, then it isn't DRM. That's the problem with DRM.
  146. Re:Disney Extension doesn't work quite that way by Venner · · Score: 3, Insightful

    >>Consider that even if an artist was the last of his bloodline, owned all his copyrights, and did not will those rights to anyone, you still couldn't copy any of his works for however long Disney decided they should be extended.

    IANAL, but I think that'd be untrue under a couple of legal theories at least:

    First, if she had no heirs at all (including parents, siblings, cousins, etc.) then her property would escheat to the State. The practical effect of which (I believe - I haven't researched it) would be to put the work in the public domain. I have no idea if anyone has done any work with this area, but it'd be fun thing to try...

    Next, if the copyright is in limbo and no one seems to have any rights to it, it would probably be considered an Orphaned Work. There have been Bills recently in Congress to clarify and codify the status of such works, but none have passed yet (that I know of.) The Copyright Office was soliciting advice from the public on what should be done last year. ( http://www.copyright.gov/fedreg/2005/70fr3739.html ). I personally opined that they should go into the public domain, possibly with a grace period to allow for a lost author to suddenly show up before it becomes public property*.

    *I admit my anti-copyright bias, but I don't think this is unfair. If you want your work to be protected, you should have to put a notice of copyright within the work, as under the old system. And you should have up to a year or so to decide you want to do that (to prevent people copying your expression.) Beyond that, it's public - period.

    --
    A preposition is a terrible thing to end a sentence with.
  147. Yes. Humans must interpret the law. by Geof · · Score: 1

    Copyright is supposed to be imperfect and leaky. I do not want a scheme for perfectly enforcing it via architecture.

    Exactly. Even when laws appear to be cut-and-dry, they require human interpretation. Is abortion murder? At what stage - conception? at some arbitrary point later?

    Copyright is anything but simple. What's a copy, for example? Does a temporary file generated by a web browser count? What if you record a streaming video? Is a photograph of the Eiffel tower a copy? A few frames of network television captured while filming a documentary? Is copying sometimes justified - perhaps because the document in question is evidence of serious problems with voting machines? Is the work in question even in copyright? (There's a clear yes/no answer to that one, but it can be very difficult to figure out.) Is hyperlinking a violation? I haven't even considered fair use.

    Code is not interpreted. It is inflexible. It cannot change when society changes - and society will change. There was a time when slaves and women were not "persons". Once embodied in code, the human actions that created the rule become invisible - they appear to be facts of nature. Radio is a mass medium: you can receive, but you cannot transmit. That's just how it is. Well, no: that's a choice that was made when the technology was developed. It could have been point-to-point like the telephone (just as the telephone could have been a broadcast medium - some early providers played music over the phone); it could have allowed two-way communication.

    The decisions made in the development of technology cast a long shadow on the future. This is unavoidable. The question to ask then is whether the shadow cast by DRM is a desirable one. DRM entrenches the model of mass communication: of a few broadcasters and many listeners. It limits the potential for speech and participation in a free and democratic society. It reinforces hierarchy, control, monopoly power - in the market, in software, on your computer. Not your control: someone' else's. That's the DRM we are faced with today. If, for argument's sake, we accept that makers of music and video would never distribute their products online (a questionable assertion), would the trade-off be worth it? I say the price is too high: DRM is always bad.

  148. DRM is not "Digital Rights Management" by Anonymous Coward · · Score: 0

    I'd prefer that people call DRM what it is: Digital Restrictions Management. The class of technology commonly referred to as "DRM" works by enforcing (or inflicting, depending on your point of view) restrictions on digital content. Since much of DRM is used to restrict or deny rights, e.g., fair use as defined by copyright law, calling it "rights" management is inaccurate.

    People might take more interest in DRM (although the cynic in me doubts it) if it were called what it is, not what the people pushing it claim it to be.

  149. MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    Consequently, my objection to DRM is based on both philosophical and practical terms.

    This is one of the clearest posts on this topic so far.

  150. Onus on the Industry by stewbacca · · Score: 1
    I've long stated it is the responsibility of the industry to protect their interests. The answer is NOT to chase down 12-year olds and sue their moms' asses off. Companies need to copy-protect their shit, or at least make it inconvenient enough to copy that reasonable people would rather pay a small fee than geek-off for hours on end just to stick it to the man.

    DRM is the responsibility of industry and is acceptable as long as it doesn't reasonably infringe on my ability to use the product in my home at my leisure.

    1. Re:Onus on the Industry by Spyder_Snyper · · Score: 1

      But you know what???

      Myself, *I*, would go through the hassle to program an easy app that will get through ANY DRM just to stick it to the man. I would then flood the planet with it.

      And yes, I WOULD do it just to prove a point.

    2. Re:Onus on the Industry by stewbacca · · Score: 1

      Well, I have to admit, I enjoy you attitude much better than the last guy. The Man, by the way, has never been Apple Inc. (for the record). I think if you had a cuppatea with Steve J. you'd see he's much more like you and I than he is the man. Suck that Apple Fanboi haters! OOps...never post drunk...

  151. How to make DRM more platable by petehead · · Score: 1

    Being from California, I find that most things are more tasteful with some ranch dressing.

  152. You can't fix a Social problem with Technology by hAckz0r · · Score: 1
    DRM as a technology is a futile battle from the get go. Give a motivated person both the key and the data and [s]he can certainly figure out how to put the two together. You can't play the media unless you have both pieces of the puzzle, and if you do have both then you can copy it too. Its only a matter of time before someone does it, just once, and its game over if they choose to share it.


    The main point of the matter is that they need to 'want' to share it. By making it difficult to use the media you are in fact creating a bias against the DRM provider, and that owner of the brand new unlistenable or unwatchable 'coffee cup coaster' may just choose to get even. The only question that remains is just how motivated this person becomes. Smart idea or not, once the mp3/iso/mpeg is out in the wild you can't put the genie back in the bottle. It only takes one pissed-off geek.

    As a technology DRM can only be successful if you can withhold one of the pieces until it is needed or have it locked in the hardware. But even the 'special hardware' does not stand up to a simple soldering iron and a logic analyzer. The major players in the Video black market know how to use, modify, and build electronics that can get around the DRM. They can make a boat load of money dumping thousands of pirated CD/DVD's on the streets, and all that fancy DRM isn't going to be but a speed bump in their way. This is where the laws and enforcement needs to be channeled, not into suing somebody for copying last nights TV show for their little sister who was out late at that PTA meeting and happened to miss it.

  153. Define Illegal in a C way? by Anonymous Coward · · Score: 0

    And also, define it in all country and all years to come.

    Thanks

  154. Yes by Wordsmith · · Score: 1

    Yes, DRM is inherently distateful - much in the same way any product-crippling is distasteful. As soon as you put an artificial restriction on a product, preventing a useful fuction that would otherwise exist, you lower the value of that product.

    That being said, there are times when I might be willing to buy a DRMed product, if something else about the experience was worth the trade-off - a compelling price, better quality content or presentation, etc. I accept DRM on music rental services - because I'm paying very little, with the understanding that the music isn't mine to keep anyway. It's up to the provider to come up with a product that the consumer finds valuable; DRM may or may not be a deal-breaker, but it certainly takes away from the quality of the product as a whole.

    Where we run into a real problem is when laws like the DMCA effectively make circumvention of copy protection and access controls (DRM) illegal - it's absolutely wrong to tell me I can't lawfully do what I want with my purchase, just because the producer of the product tried to limit it.

    Let's say the people who make my toaster limit it so that it can only lightly brown bread. They've got a super-dooper- Actually Toast Toaster on the market too, and don't want to cut into its sales. But I know a thing or two about toaster-making, and with $2 of parts from radio shack, I can turn this thing into a Cajun cooking machine. Should that be illegal?

  155. In principle... by Spyder_Snyper · · Score: 1

    I think the idea or DRM is to make intangible, digital media follow the same rules as physical media. For example, you go out and buy a CD, that EXACT CD can't be copied (the contents can be, the digital part). And therein lies the problem. IMHO, this cannot be done. If, and I stress the word *IF*, there was some way to have this "perfect", dream DRM, yes, I would go for it. I mean, I DO buy CDs and DVDs. So why would I not pay for the same stuff, just even more conviniently delivered? Just as long as there is ABSOLUTELY NO inconvenience(?) to me. But there is something that I have not seen any higher-ups address. And that is "Why?" Why do we refuse to pay for media? Why do we insist on "stealing" movies and music? Because the "lawfully" acquired media is useless. I can my DRM song on all of nothing, and my DVD that i downloaded can only be played on my tiny 13 inch monitor. We can't do anything with DRM. Now this is something that's been mentioned time and time and time again. But if the RIAA and MPAA and all those other idiots had EMBRACED, instead of rejected the new technologies, we wouldn't be in this situation. Then again, the industries involved wouldn't be making their insane profits either. So it's greedy idiots with no knowledge of the real world and real people and real situations who get to make the rules. Great. I guess everyone in the US gets to take it in the ass. Good job! Myself, I'll stay right here in my Canada and enjoy my legally downloaded free music. Maybe in a few years the US will collapse upon itself, and everyone'll move up here to enjoy the freedoms of free music for all!

  156. "Distateful" epends on the intent by Anonymous Coward · · Score: 0

    Most DRM schemes appear designed to make customers pay for the same product more than once. For example, locking material to a specific device means if that device is ever lost, stolen, or broken, you have to pay for the material all over again. While I recognize that copyright holders do have a legitimate right to try to prevent unauthorized copying of their material, it should be possible to do so in a manner that permits fair use -- backup copies, small excerpts, time shifting, space shifting, having a copy available to more than one playback device at a time, etc.

  157. No it's not by melted · · Score: 1

    But in order for it to work for me, here are my requirements:

    1. I must be able to make backup copies of stuff. By backup copies I really mean backup copies to protect the content in case disk gets scratched up or something, not something folks put on eMule.
    2. I must have guarantee that my content will still play 20 years from now at least
    3. I must be able to use it on all my devices, from cell phone to DAP to car stereo. Using it on my devices must not require extra effort. Everyone in my family must also be able to use the content I purchase on their own devices.
    4. I must have a guarantee that I can re-acquire content in a format that's supported by future players (with CD I can rip and convert or re-burn onto something else)
    5. I must be able to temporarily give my copy of content to my friends, like I do with CDs. I'm OK with losing access to the content while someone else has access to it.
    6. No region locking, ever, for anything. If you want to geographically differentiate movies, localize them into foreign languages and omit the English audio track.

  158. DRM are intrinsically wrong by Coeurderoy · · Score: 1

    DRM have two key moral drawbacks:
    1) It assumes that the user is criminal
    2) It needs to modify the user's terminal to work.

    Basically you cannot have DRM without having an electronic big brother resident on your computer.

    It is basically the same as having a cop resident in your home, assuming that if you would not have a cop there you would be unable to resist ther temptation of abusing your children.

    Just think of the "lightest" DRM possible, that would be a piece of software recording everything that goes through on the off chance that you do something illegal.

    It would not actually stop you but just enable the government to punish you adequatelly if you would be found out.

    It would be perfectly "user friendly", but you would/should freak out because of the privacy issues.

    And you might resent the fact that this "spy" can only be installed on your computer (or player or phone) if the computer has an "approuved" operating system, (since it has to interact with the OS)
    This not only destroy any pretence of Free/Open Source option, it also implies that ANY alternative operating system needs to "ask for permission" from the DRM manufacturer.

    Well in short DRM are made by people that are evil, and think everybody else is too, and it is not about "fair use" and "protecting the artist" but all about monopoly market control.

  159. Moores Law can help. by Ageing+Metalhead · · Score: 1

    Given thirty or forty years into the future, we should be able to decrypt media that has been encrypted with "old" technology with small keys. For example, given today's computing power, not all messages were decrypted by the allied forces during WW2. How much time would it take to crack such schemes now? A.M

    --
    The knack of flying is learning how to throw yourself at the ground and miss. - HGTTG
  160. DRM / No DRM by hisstory+student · · Score: 1

    First of all, I am of the opinion that our opinions aren't going to matter much in the short run. If some producers of music use DRM and they still sell their music, they will.
    As for me, as long as there are places where I can go and buy music that is DRM-free, I couldn't care less about who's selling music with DRM.
    My only concern is that there are laws in place that make it illegal for the music sites to sell DRMed music without there being obvious notices in place that they do indeed incorporate DRM in the music they sell. That goes for CDs too. I've seen a few that made it next to impossible to tell. Anyway, that way it becomes merely and exercise in checking every six months or so to see if those sites have abandoned DRM or not. It may take a few years (maybe more than a few) for DRMed music peddlers to change or go bankrupt, but I'm convinced it's going to happen.

    --
    Heard any good sigs lately?
  161. You're Wrong About Vista's Audio Lockdown by Anonymous Coward · · Score: 1, Informative

    Vista will only lock down unsigned audio IF and ONLY IF it is being played at the same time as protected premium content audio. (DVD Audio anyone?)

    Vista works great right now with unsigned unprotected 24bit 192khz multichannel audio files.

    Vista HAS to provide a method for protecting audio/video content or we will not see PC DVR's, HD content on PC's etc...

    I don't like DRM either but don't spread around the FUD paste please!

    1. Re:You're Wrong About Vista's Audio Lockdown by Panaflex · · Score: 1

      Vista HAS to provide a method for protecting audio/video content or we will not see PC DVR's, HD content on PC's etc...

      Uhh - no they don't. It would be far easier for MS to just offer a good OS that offers no usage hindrence out of the box. Don't believe the FUD.

      --
      I said no... but I missed and it came out yes.
    2. Re:You're Wrong About Vista's Audio Lockdown by DavidTC · · Score: 1

      No shit. If Microsoft were to say 'We'll read any video standards you guys make, and at least try to implement the access rules, but we won't do all this DRM stuff. Once it gets into the computer they're going to be able to copy it if they're smart enough. Here's our one dollar to license the patent from you, sign the contract right now or get the fuck out of my office.', what, exactly, do you think would happen? ;)

      Microsoft wants DRM, or DRM would not happen. They want it not because they care about the music/video industries, they want it because it a) will prevent their products from being copied easily, and b) lock out OSS from playing the content legally.

      Video card makers are not in the same position with regard to HDCP. I wish they'd band together and say, as a whole, they aren't going to implement that shit, period.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    3. Re:You're Wrong About Vista's Audio Lockdown by Rudd-O · · Score: 1

      "Vista HAS to provide a method for protecting audio/video content or we will not see PC DVR's, HD content on PC's etc..."

      The only way you're not going to see HD content or PC DVRs is if you poke your eyes out with a fork. Because way before Vista, there were (and still are) MythTV HD DVRs.

      --
      Rudd-O - http://rudd-o.com/
    4. Re:You're Wrong About Vista's Audio Lockdown by tkrotchko · · Score: 1

      I disagree with this position and people don't quite understand what I mean.

      If Microsoft said to the HD-DVD and Blu-Ray consortiums:

          "We don't care if you allow your content to play on PC's or don't. We won't stop your attempt to secure content played on Windows, but we won't assist, either"

      People generally assume that we would have no next generation content or devices. I say the opposite... the next generation content couldn't get started; there simply would not be a critical mass necessary for widespread adoption of the format. My contention is the personal computer is so important to mass adoption of any consumer technology that MS could easily say "No".

      There's a subtle point here that most people miss... media companies like DRM not because they're trying to protect content, they've simply done the calculation and figured they'll make more money that way. If their calculation turns out to be wrong (i.e. DRM hurts sales and adoption), they'll drop it.

      The history fo devices heavily locked down with DRM has not been terribly successful. SCMS was mandated by law on early digital and late analog recording technologies with the result that they were completely ignored by the consumer market. Not because people didn't want new technology, but because they didn't want a tape recorder that couldn't record their buddy's vinyl or CD.

      The truth is that Microsoft and Apple see a huge opportunity by catering to the media companies with a promise of effective DRM. There's money in being a media cartel, but there's a lot of money being the tollgate for the media cartel, too. I am somewhat amused by people who think Apple is somehow pulling a fast one on RIAA members by putting weak DRM on music. The truth is, Apple is pulling a fast one on consumer by selling people music at $1 a song in a very limited format and removing basic rights that most people take for granted (i.e. loaning a CD to your buddy at work).

      My final point is that Microsoft is not in a position of weakness when it comes to content protection in Vista; in fact, MS designed most of the protections for media in Vista in hopes that they can license much of it to the media cartel. The truth of the matter is, if they didn't have these protections in Vista, Blu-Ray and other content would make it to Vista anyway. There's no choice. If you want to succeed with a consumer technology it must work with Windows.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
  162. the practical concerns arise from the principles by bzipitidoo · · Score: 1

    DRM is copy protection by another name. For years, the software industry has tried copy protection with techniques such as writing their own especially difficult to copy DOS for the Apple ][, making intentionally defective sectors on floppies for the PC, serial port dongles, and the glory days of CDROMs and no CD-Rs and burners. Copy protection could always be broken then, can be broken now, and will always be breakable in the future. Since in principle copy protection cannot work, I object to the waste of money and time on the practicalities-- the many inconveniences to legit users, the unforeseen legit uses that are blocked, the additional expenses of the attempts to create copy protection which are passed on, and the expenses created when copy protection goes wrong.

    Most of all, I object on the grounds that supposing there could be DRM that worked, it would be bad for society. DRM is "extreme capitalism", in which every thing, no matter how petty, must have a price, and every act has an additional tax on it beyond the expenditure of effort fundamentally necessary to act, and every idea and bit of info must be owned. It'd be a world where everyone must pay auto manufacturers and insurance companies for every minute they are running a car, pay a broadcaster for every minute they listen to the radio, pay a toll road authority for every meter they drive on any road, street, or alley, and most of all, pay for the huge overhead both indirectly in things like the loss of privacy, and directly for the systems needed to monitor and record all that data (which the subjects might not have opportunity to examine) to assess and collect all those tolls. The neighbor kids couldn't play with your kid's toys without their parents paying the toy manufacturer for a license. You might even ought to pay a carbon tax on every breath you take! That's not my vision of Utopia. That's not even a workable society.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  163. Re:Both. and HATS! by Anonymous Coward · · Score: 0

    1. Eat crusty 100+ year old hat.
    2. Ummm....
    3. PROFIT!!

  164. Fair use is inherently leaky by alispguru · · Score: 1

    Consider that one of the long-allowed copyright exceptions is "short excerpts for review purposes".

    One thousand "reviewers" each legally excerpt a different portion of, say, Peter Jackson's new release of "The Silmarillion". Each of them legally posts their review with their excerpt. These reviews are not required to have any DRM on them, because they do not individually infringe on the copyright of the movie.

    I can now find their reviews, paste together their excerpts, and recreate an illegal copy of the movie.

    No DRM scheme can distinguish between me creating this illegal copy, and me just reading those thousand reviews, at least not without becoming incredibly intrusive.

    --

    To a Lisp hacker, XML is S-expressions in drag.
  165. The same question in different words... by Anonymous Coward · · Score: 0

    If someone offered you a perpetual motion machine to generate unlimited energy supply, would you use it?

  166. I don't think DRM is about copy protection by bmajik · · Score: 1

    Here's why.

    Suppose that I told you that i saw a working prototype of an audio watermarking system. When someone wanted to download a song, a per-user watermark was injected into the audio stream right before they downloaded it. This watermark was not detectable to the human ears, however, it survived generational copying. Infact, in the demo i saw, computer A played the watermarked file over its speakers in a busy convention hall. Computer B had a mic and recorded the audio (along with convention floor noise). Computer B was able to detect and verify the watermark.

    I would say that this watermark was resilient to basic attacks, and would allow for format shifting, resampling, and so on. By the time you had destroyed the watermark, you'd have destroyed the audio quality.

    I was describing the demo of this prototype i saw to someone and they asked "wow why aren't companies using it?"

    I thought about it for a while, and I'll tell you what I told him.

    Because audio watermarking doesn't make them as much money.

    Under a DRM scheme, content mogels get 2 improtant benefits

    1) They have more control then they are supposed to according to fair use rights. They've effectively invented new distributino terms and opened up all kinds of control schemes.. limited only by their whims. Fair use is completely out the window. Now you can be charged for the same thing 33 times - once on each of your computers, each of your phones, and so on. DRM gives them control, control in a way that is orthogonal or in opposition to the normal protections that content consumers have via exceptions to copyright like fair use or public domain expiration

    2) Under the watermark scheme, rights enforcement remains a civil matter. So the RIAA sees "bob.mp3" out ont he torrent sites, extracts the watermark, and matches it up with the Credit Card in their database. Now they go after Joe Blow and sue him in court.

    The problem here is that
    1) they have to file a civil suit. that costs them money
    2) the defendant has all kinds of ways to weasel out of this (someone hacked my PC, someone stole my credit card, etc etc)

    But the big problem is that it is so unattractive compared to the alternative:

    Under a DRM scheme, for the file to be in any way useful to anyone at all, including illegal file sharing, the DRM protections must be cracked or removed.

    This constitutes a violation of the DMCA. Now, as I understand it, a DMCA violation is a violation of Uncle Sam's laws. This means that the RIAA gives the FBI a "tip" and then uncle sam goes after Joe Blow. Making this a DMCA violation means that apprehension, prosecution, enforcement, and conviction are all paid for by the government. And its damn sight harder for Joe to weasel his way out of a criminal charge than a civil one.

    So by using DRM, the **AA give themselves more rights than they actually deserve, and they can also offset the cost of litigation and enforcement onto the federal government, and ultimately, tax payers. It's a great example of industry using government to further its own interests at the expense of normal people.

    This theory is a little on the tin-foil-hat side of things, but it just sounds so plausible and so inline with how we've seen the **AA people act.

    --
    My opinions are my own, and do not necessarily represent those of my employer.
    1. Re:I don't think DRM is about copy protection by Spyder_Snyper · · Score: 1

      IMO, I don't think the watermarking would ever be socially accepted, so I don't think that the watermarking could EVER work, whether or not the **AA chooses to use it. I think there would be too much questioning involved whether or not those sounds actually affect us. Some people can hear higher pitches than others, some lower. So how could we possibly test every person to see if they can hear it? So maybe just make the sound so high that it's "supposed" to be beyond any human ears to hear? On that thought, human combustion, telepathy, ghosts, and all other matter like that is not possible either. Open to debate, yes, but that debate is for another time. And then you'd have the tin foil affect that maybe it's mind control through subliminal messages. And then Marilyn Manson will be ain a LOT of trouble... But I think that on a social level, the audio watermark would never pass any kind law...

  167. what about by Some_Llama · · Score: 1

    Derivate works, or parodies? If we had full functioning DRM that no one objected to, wouldn't it hurt both of these currently non-copyrighted covered uses?

    Doesn't DRM take away the user's copyrights?

  168. DRM subverts the law by saltydogdesign · · Score: 1

    My primary problem with DRM is its extra-legality. Enforcing copyright by technological means could result in a copyright regime that totally favors the copyright holder and fails to respect the rights of the rest of us. What happens when a work's copyright expires, but it is still wrapped in DRM? What happens if the law changes, increasing my rights as a consumer, but the DRM still conforms to the old law?

    I'll buy DRM when everyone else becomes willing to buy cars that won't go faster than 65mph.

    --
    // This is not a sig.
  169. Hypothetical by FreeBSD+evangelist · · Score: 1
    ...is your objection based on principled or practical concerns?

    Practical. I would no more object to a properly working DRM than I do to locks on supermarket doors.

    But this is a hypothetical discussion, because there isn't a DRM that "does the right thing" and I fear there will never be one.

  170. Show me one, and I'll think about it then... by mengel · · Score: 1
    The item described -- a DRM system that actually refuses to do things that are illegal, but allows for fair use, actually sounds wonderful in theory -- but I have yet to see a mechanism described, even a theoretical one, that does that. (Implementations using /dev/psychic or as yet not constructed AI notwithstanding.)

    The problem inherent in all of this is that the legality all hinges on the reason someone is making a copy of something, and knowlege of the future plans of the user. For example, it's okay to make a backup copy CD. Even two or three of them. But if you, six months later, turn around and sell them, suddenly it's illegal (not to have made the copies, but to sell them). So the backup CD's, sitting in their little jewel cases, should know to spontaneously self destruct the minute someone buys them.

    Or consider that the original CD gets trashed. Shredded. Put down a garbage disposal. Now one of the backup CD's becomes, in essence, the original. So if I sell the one backup, that's actually legal -- I'm selling my only copy. But how can the backup copy tell that the original was destroyed and that it's okay to sell the backup?

    So explain to me how one implements any of that, and I'll discuss it. Otherwise, you're asking for a discussion of the most ethereal of vaporware, and itsn't worth the effort. You can assume circuits, etc. in a new and improved CD that can measure and test anything you care to mention within a 10-mile radius, and you still can't tell in the general case.

    So my claim is that your perfect DRM mechanism is in fact the least probable of all vaporware, and discussing it as if it were a possibility only lends credibility to the corporate drones who promote the concept.

    --
    - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
  171. Here's how by Anonymous Coward · · Score: 0

    "...How is copyright supposed to be leaky?"

    Real "fair use" gives you the legitimate right to use portions of copyright works in various aspects of your own use - i.e. extracts for commentary, satire, scholarly works, etc. (Mind you - extracts - not the whole work or even a significant portion). If DRM locks you out, how is it possible to do this? heck, the DCMA does not allow you to buy or sell the bypass tools...

    Instead, we get the anal world of copyrights; where reality and news TV blurs corporate logos and art on the walls out of copyright concerns. Sound is blanked because the radio in the background or the blaring stereo in a passing car is a song for which rights are not obtained. Critically acclaimed documentaries cannot be shown commercially because it contains news photos, film clips, even music from long ago. It is impossible to track some of this ownership to obtain the correct releases, and the liability insurance company will not cover the film-maker without the appropriate releases.

    The dream of a permanent online archive of the world's news sources has been fragmented by the court decisoin that the content, purchased for print (and presumably later microfilm distribution) is not licensed for online - requires further negotiation with ever author ever freelanced for the publication.

    The "Hitchhiker's Guide to the Galaxy" original BBC radio broadcast was completely re-recorded for sales releases (record, CD, etc.). The original was "thrown together" using the radio studio's extensive collection of music; for much of it, there wasn't even a record kept of which musicians were used, since it wasless distinctively recognizable older and classical "mood music".

    A DRM system that is in no way a hindrance cannot exist. At the lowest level - If it cannot prevent me from putting an MP3 copy of good quality on my simple MP3 Player, how is it going to stop me from putting one on yours? You can then connect to your home devices and copy that again. I can make backups (say, to CD or DVD-R) that I can later replay on my system, even if I've had to reformat and reinstall, even if the supplier has gone bankrupt, even if I'm in a place with no internet, even if your "guaranteed re-download" service is closed, even if I've relocated to another country without 1-800 modem dialing... What good is it?

    What scheme could you possibly come up with that would not inconvenience me, but kept your data safe from borrowing hand? Any lock is an inconvenience; the benefit of my locked doors, for me, outweighs the incovenience of lost keys. I like coming home to find my belongings intact. Conversely, DRM provides NO benefit for the consumer that a plain unlocked file cannot do better.

    In the late 80's, software companies used to make it difficult as heck to copy their products.In the days before hard disks, they required the key disk. (Try finding that diskette drive now. Try getting a replacement key disk. But I know of applications still reliant on dBase). It was nothing but an inconvenience to the end user, and eventually software companies figured out they risked losing customers to less anal competitors.

    Plus, the appropriate laws were being enforced. If you're a billion-dollar company, and can afford to pay your employee $60,000 a year, you can afford to buy him or her the necessary $600 worth of software that lets them do their $60,000 worth of work. And, if the boss pisses them off, the ex-employee would be happy to report their boss for not spending the money.

  172. Not intrinsically objectional- only practically. by Maxo-Texas · · Score: 1

    DRM means at some point in the future legally purchased products may become unusable.

    Perfect example is DIVX dvd's. They TOLD you that you would be able to view them forever once authorized.
    The problem: After a very short time, they brought down the authorization servers and all DIVX disks became useless plastic.

    ---

    If the government required these fools to put up authorization servers for life (with hefty bonds up front) or have an exit code (so when they closed down they could unlock the content) then it might be okay at the right price level.

    It's my same issue with music. If it is a license to play the music, then they should RECORD the license and if my physical copy is broken I should be able to replace it for production cost (since I already have a license to the song).

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  173. DRM would need to ... by Skapare · · Score: 1

    DRM would need to allow:

    Anyone can publish any content on that type of media, in any format/resolution (extreme examples being video at 2160p60, or 32 bit audio at 384kHz sample rate). All players, recorders, software, or other devices, that can deal with that format/resolution shall do so whether DRM-ed or not. If not DRM-ed, then no copy restrictions exist. There also needs to be a way within the context of DRM to specify that no copy restrictions exist (which sounds kind of pointless but might have verification value).

    The DRM must be designed so that an open source operating system (such as BSD or Linux) can act as a gateway between the recorded media or network feed source, and a device that integrates the DRM. For example, instead of having DRM in software, with all the headaches of protecting that software, the DRM could be put in the video card or the display monitor, or in the sound card, or in an external box. Then the software is doing little more than shuffling data between media/feed and the device. For this to be useful, the DRM-ed data stream must be structured so that the frame boundaries and index are NOT encrypted. This allows things like partial rewind in the software before any DRM decryption even needs to take place. An A/V program would be divided into chunks per frame or at least group of frames, with clear index headers as needed, and the rest of the content of that block encrypted. Then very basic software (not needing a bunch of codecs or plug-ins) is all you need since the device (video card, monitor, or external USB/Firewire/Ethernet connected device) can do the real work.

    --
    now we need to go OSS in diesel cars
  174. End of discussion by wakejagr · · Score: 4, Insightful

    Parent is not quite correct. I agree that "Principled" DRM is completely and utterly impossible, but that doesn't make the question moot, it makes the question simple to answer, because it makes the answer "I object based on principle". If DRM is inherently unprincipled, I object to DRM because it does not meet my principles.

    Here's how I see the arguement. I object to DRM because its very nature goes against my principles. Unless I'm being sued or charged with a crime, for anyone to seize control (electronic or otherwise) over my media player of choice is intrinsically an invasion of my privacy. In order to secure a media player so that it will play digitally encrypted files without me being able to remove the encryption, some form of electronic control must be seized. So, I object to DRM that works (keeps me from unencrypting the files) because it doesn't meet my principles concerning privacy rights. I object to DRM that doesn't work (lets me unencrypt the files) because it doesn't meet my principles concerning stupidity.

    --
    Don't save Windows XP! http://www.petitiononline.com/jjw1xp/petition.html
  175. Principle by Anonymous Coward · · Score: 1, Insightful

    DRM is me taking control of your physical property (your computer) so that I can impose my concept of "information ownership" upon you.

    I don't think a content provider should have the option of taking even a little bit of an end-user's control over his own hardware away from him.

    If he was just renting the computer, then perhaps the owner of the computer should be able to put some limits on what he can do with it (he cannot, for example, use it as an anchor for his raft). This makes sense, since the computer is honest-to-goodness "stuff," and making another one of it requires the expenditure of honest-to-goodness material resources.

    Information is not stuff, duplicating it does not require the expenditure of material resources, and the duplication of information does not impact the provider's ability to use and duplicate it as well. Therefore it cannot be "rented," and as such the provider shouldn't expect that he has some sort of moral prerogative to control other people's property whenever it might be processing a copy of the provided information.

  176. despite your sarcasm, what you said was accurate by circletimessquare · · Score: 1

    if you are a nobody, how do you get found?

    you give away what you have freely. then, if you are talented, you get discovered

    when you are discovered, you get famous

    now you get what you deserve

    when you get famous, all sorts of revenue streams become possible. for a writer it could be a myriad things. talking appearances, book signings, endorsements, paid to write, etc. and what of books? things made of wood pulp: never going away. that form factor is superior to anything electronic. and you can sell a book. you can control access to something in the physical world

    same with movies: movie theatres are never going away: you can control access to that

    same with music: concert venues are never going away: you can charge tickets for that

    etc., for every type of art form

    but what can you not control? ANYTHING ELECTRONIC. anything on the internet. anything made of bits and bytes. you simply CANNOT CONTROL IT. get used to that concept. there is no NOT getting used to that concept. that concept is the rock of gibraltar. anyone telling you that you can control digital distribution on the internet is selling you snake oil. point of immovable, undeniable fact

    in a world where i can ctrl-a, ctrl-c, ctrl-v, and your 100,000 word magnus opus that you sweated blood and tears over for 2 years is now copied to anyone who visits a website, guess what?: it's not about what is right or wrong, it's not about what the law says. it's about what simply IS

    don't argue against me. i'm not imposing my ridiculous philosophy on you. you are not resisting my words. you are not arguing with me, you are not resisting me

    you are resisting reality. i'm simply the messenger. go ahead and shoot the messenger, go ahead and smirk at with me your sarcasm. i'm not your enemy. i'm telling you what is happening beyond your or my control, i'm not telling you some wacky ideology i'm imposing on you. i'm not telling you what might happen, i'm telling you what is already happening, out of your control, out of my control, out of anyone's control

    welcome to the new reality of the internet. you really need to figure out how disruptive technologies PERMANENTLY ALTER THE WORLD

    it wasn't fair when the spanish came with their guns and the incans folded like a deck of cards. it wasn't fair when they refridgeration came and put the ice vendor and his underground caves out of business. it wasn't fair when they adapted oil heat and put the chimney sweep out of business. it wasn't fair when they invented the airplane and put the cruise liners out of business. it wasn't fair when they perfected the internal combustion engine and the horse shoe blacksmiths went bankrupt. on and on and on

    it wasn't fair BUT IT HAPPENED. PERMANENTLY. AND THERE WAS NO GOING BACK. EVER

    adapt or die

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  177. Does a bear... by bquickfoo · · Score: 1

    What a title! Are you serious? You might as well ask slashdot "Is Windows inherently bad?"

  178. DRM goes against copyright by criscooil · · Score: 2, Insightful

    It seems to me that DRM contradicts the idea of copyright.
    Recall the basic idea of copyright (feel free to correct me if I bungle this): to encourage and promote the creation and publication of new works of art, etc. The mechanism to provide the impetus is (or was) an ugly short-term, government-enforced monopoly on duplication. Think of it as a bargain: the public, and society, gets to enjoy the output of artists, etc, in exchange for giving those artists a limited-time monopoly on reproduction.
    With DRM, it seems we have really lost sight of the whole idea of copyright. Now the producers still get their lousy monopoly, but the public are not really getting their end of the deal, because in a very real sense, DRM-protected works are not really published. They are released in encrypted form, so they may never actually make it into the public domain. If the courts were really doing their job, they should say to the producers (of DRM stuff), "Look, mate, you are not really publishing your material. You are in effect making a private contract between yourself and your customers, asking them to agree to all these extra restrictions. If you have an issue with your customers, thats your problem. Copyright doesnt apply here. Case dismissed."
    Well I can dream.

    --

    My life is an open book ... up to a point.

  179. Yes, but... since it's impossible, no. by Anonymous Coward · · Score: 0

    "If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?"

    I don't think such a scheme is technically possible. Examples:

    I want to copy a 2-minute-long video clip for the purposes of a presentation in an educational setting. But the machine has to prevent me from collecting 60 two-minute-long segments and splicing them together into a complete movie (assume I'm a persistant pirate willing to go through the hassle).

    I want to copy a work that has passed into the public domain after its copyright period has expired, and the DRM scheme detects this and allows free copying after the relevant date (no scheme I know of does this yet, even though they should, and calculating it based on the owner's dying day is going to be a challenge). But the machine wants to prevent situations where joe pirate has fooled the computer into thinking it is already 100 years later.

    Fair use and copyright expiry are subtle enough that no machine is going to be able to permit all circumstances copying is legally allowed, while prohibiting all other circumstances. It just isn't going to happen. Something has to be compromised: either the security against illegimate copying is limited, or the scope of legitimate copying is limited. In the case of *all* DRM schemes I have ever seen, and ever expect to see for the foreseeable future, content owners choose the latter option, and discard legitimate uses.

    How can a machine possibly tell I'm copying something for educational, scholarly criticism, or other such legitimate purpose that would otherwise be illegal? How can it possibly tell when the minute-long clip I want is okay, but disallow 120 minute-long clips that I could splice together into a complete movie?.

    It may change the day we have HAL 9000-quality artificial intelligence, at which point the computer can say, "I'm sorry, Dave, I'm afraid you can't copy that." Before that, it is a pointless argument.

    DRM currently sucks, and it will for a long time. It's better to say "no" to it, and let a human being decide whether the copy is permissible.

  180. you know something? by circletimessquare · · Score: 1

    go back 150 years, and instead of china flaunting us copyright laws, it would be the us flaunting european copyright laws. and in 150 years it will be aberbaijan flaunting chinese laws, etc.

    and your problem is you've moved off target. i'm talking about COPYRIGHT, not PATENT. patent is a design for something you build in physical space. copyright applies to media, ie, anything you can effortlessly reproduce over the internet. they are different concepts. you can control the physical production of physical goods. you cannot possibly control the effortless copying and distribution of electronic bits

    and finally, i am not imposing some wacky ideology on you. i'm simly describing to you the REALITY of what IS. there is NO WAY to enforce DRM. not a single way, ever. there is ALWAYS a way around it. why? because the cost of copying say, an automobile in real life has actual real economic cost. but the cost of copying bits is absolutely ZERO

    so you are raging against the inevitable. i am only the messenger. go ahead and argue with me. but you're not really arguing with me. you are simply failing to perceive and understand and adapt to a changing reality. disruptive technology permanently changes society. and there is simply no going back

    go ask the chimney sweep if oil heat is fair. do we continue to use wood to heat our homes for the sake of preserving the chimney sweep's job?

    so what is this nonsense with preserving an economic structure that exists NOT TO REWARD CONTENT CREATORS, BUT SIMPLY THE ECONOMIC MIDDLEMAN

    the middleman whose only marginal value existed in a world of physical CDs and tapes and vinyl. where it cost something to make a cd. it costs NOTHING to copy a file on a computer. therefore, the economic middleman is defunct. extinct. gone. as surely as the chimney sweep

    the patent system is SAFE: it applies to physical goods, not bits and bytes like copyright. you're off target

    and content creators WILL STILL BE REWARDED: concerts, endorsements, other revenue streams

    the only one who suffers are the middlemen

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you know something? by zippthorne · · Score: 1

      "and content creators WILL STILL BE REWARDED: concerts, endorsements, other revenue streams"

      Under such a scheme as an artist cannot make money from the distribution of recordings of their work, the free recordings would compete with the artist's paid concerts. Wise artists would endeavor to ensure that no such recordings exist save for specific glimpses for advertising purposes only. I for one do not look forward to a world in which the only way to listen to new music is pay through the nose for the privilege of submitting to a body search on the way into the megacoustidrome.

      --
      Can you be Even More Awesome?!
    2. Re:you know something? by andm461c · · Score: 1

      No, perhaps I did not make myself clear.

      Soon enough, the Internet WILL BE the "physical space". I'm not aiming at something sci-fi here, I'm simply saying that soon enough, enough things in society will be based solely on the Net that there will be no big difference between whether a thing exists in "reality" or just "artificially".

      The banking world is an example.
      At the rate we are going, we will soon not have currency. You will have a card that will contain your "money".
      The "real" thing "money", has become the "unreal" thing "binary code". It doesn't matter if we can see it or not - the influence it has on our lives is what matters.
      And what matters? Well, labor matters. Effort matters.
      And these things must be rewarded. Through effort being translated into money.
      And these things will only be properly rewarded if there is a patent-system/copyright-system for the Net.

      No. You can not copy these things "effortlessly". You need a computer, an OS, an ISP, a government to plant cables, electricity, etc.
      However, just because you can copy something "effortlessly" does not mean that the entity creating the thing you are so readily copying hasn't put money/effort into the product. And thus if future investment is to take place, that entity must reap a reward.

      I consider you, the user, and the other end of the Net, another user, to be the two ends. The rest is made by "middle-men". Forgive me but I still don't get your definition of a "middle-man".

      I agree that society evolves and we must evolve with it.
      However, I do not agree that we should simply let this enfold in a random manner.
      Future employment, future research, future *anything* might be dependent on the Net.
      It is not just about you downloading your free mp3s in a holy war against the RIAA.

    3. Re:you know something? by Anonymous Coward · · Score: 0

      Actually an artist can make money by allowing access to their work for no cost. It's called patronage.

      What this means you can download some artist's .mp3 for no cost. In exchange for producing the work, the artist should recieve donations in return. It's your call whether you pay or not. If the artist is any good, people will make donations so the artist can have free time or materials to produce more works. If fans of the artist don't contribute, and the artist has to do something else besides perform to make ends meet - then it's their own loss for being stingy. Tough break, but their own fault.

      This eliminates the middlemen and their arbitrary selection methods regarding promotion, and yet the artist can still be fairly compensated. Sure, there may not be the megabucks in it anymore and word of mouth will have to take most of the current advertizing and production means of exposure. But in the long run, music should be better off for it.

      The only thing that copyright should be reserved for is commercial rather than personal use. So if someone trys advertizing with or selling this music which is otherwise provided freely, there should be some mechanism for compensation there. (If not financially, then perhaps at least compensate by attribution so the originating source would garner proper recognition. Thus facilitating possibility for future donations.)

      Now that I think of it, isn't this what the Creative Commons licencing model goes by?

      Of course CC based music hasn't made its way to mainstream (on-air) broadcasting, but at least internet-radio/streaming-media is providing a good means of exposure for artists willing to forgo the current market model.

  181. I am NOT a criminal! by haggie · · Score: 1

    I am not a criminal. DRM assumes that I am. That is why DRM, in any form, is unacceptable.

  182. No Point by mikeplokta · · Score: 1

    It's a pointless question, because it's a counterfactual. There can never be a DRM system that allows legal use but not illegal use, at least until we have human-equivalent artificial intelligence, because the boundary between legal and illegal can only be determined by human beings, not an algorithm. In fact, it can sometimes only be determined after several years of legal proceedings, so even a human-level AI couldn't do the job.

  183. Debating a Hypothetical by Thad+Boyd · · Score: 1

    The question is moot.

    First: There is no evidence, up to this point, that such a thing as DRM that allows legitimate use and only prevents illegal use can exist. How would that be technically possible? How can a DRM scheme be capable of telling the difference between a backup copy, a copy to resell illegally, a copy for academic study, etc.?

    Second: Illegal where? Copyright law in China is pretty significantly different from copyright law in the US. Should we have different DRM schemes for different nations with different laws? And what about Sealand?

  184. Impossible sitution; pointless question. by ChaosDiscord · · Score: 1

    DRM is fundamentally incompatible with fair use.

    You might as well be asking if we're opposed to perpetual motion machines, or lossless compression algorithms that compress all possible inputs on principled or practical concerns. DRM that allows all fair use is equally nonsensical.

    It is not possible to design a DRM system that prevents illegal activities while allowing all possible legal activities. No DRM system can tell if a copy is being made for a legal reason or an illegal reason. Every freedom you add to allow more fair use simultaneously makes it easier to make illegal copies. If you allow all fair use then making illegal copies will be easy.

    Say I have a media player that only plays media in formats that don't support DRM. Maybe it's a lossless format. Maybe it's the same format you provide DRMed content in, but without the DRM wrapper. You can either block this fair use, or you let me make copies that I can then use to make further copies for infringing uses.

    A more complex situation is free software in general. I want to to engage in fair use and play back content I've purchased using an entirely free software operating system and player. I can modify any of those layers to make an infringing copy. Or you can not allow free software players.

    So to answer the impossible hypothetical question: assuming you've invented some magical, pixie dust filled, DRM system, sure, I'm all in favor of it. While you're offering the impossible, I'd really like a perpetual motion machine and a lossless compression algorithm that worked on all possible input.

  185. yes, on principal by Anonymous Coward · · Score: 0

    Against it for moral reasons.

    But practically the people making DRM today can't forsee tomorrow's technology and laws so whatever they restrict today will most likely conflict with the future. Even today's fair-use often has to be debated in court, DRM doesn't even deal with that. And I've yet to hear of a DRM that removes itself when the copyright expires. You remember that *all* content is suppose to enter the public domain, right?

    So "practically" speaking there can be no good DRM.

    Half of the industry wanting DRM is to try to continue the trend of format obsolecence (lp->8track->casset->cd->various dl formats, similar for video). It is more profitable to resell the crap content you already own then to make more. So the industry tends to like proprietory formats that can't be easily/legally be converted to something else.

  186. Not the same things... by Bagheera · · Score: 1

    While I fully agree with you on an artist's right to restrict (or not) their creations as they see fit (regardless of the inherently abhorent idea of restricting access), part of your argument above is spurious.

    Radio station licenses are a racket. Product bar codes are a racket. Liquor licenses are a racket. Marriage licenses are a racket. The whole "top-40" thing is a racket. The list is long and depressing.

    None of these are related to DRM in any meaningful way. Radio station licenses exist in an effort to regulate a limited comodity: radio spectrum. Bar code technology is, as I understand it, open. The registration of UPC symbols may be limited - though it's a For Business By Business situation. Marriage licenses are a formality imposed by the government because certain legal functions depend on the status of whether or not a couple is married. That doesn't make them a "racket" any more than getting a license to drive is a "racket."

    The top-40 I give you hands down. It's purly a marketing construct.

    --
    Never attribute to malice what can as easily be the result of incompetence...
  187. No, but trusting DRM is. by holophrastic · · Score: 1

    obviously if drm creates no problems for anyone using it, then it will be accepted. but that's not the issue. the issue is in trusting something else to accurately make that determination. I've said the same thing about cars that don't let you exceed the speed limit, or drive drunk. You're ultimately letting the hammer make a decision. If the hammer is programmed to disintegrate before striking your thumb, then you can't use the hammer to defend yourself, or to nail a rubber hand to the wall on halloween. If the car won't speed, then you can't get to the hospital in time. If you can't drive drunk, then you can't spill beer.

    drm is the same garbage. if I can't plug in fifty wires and seventy-five devices to get my music to play on my very weird car stereo then that's annoying. and if I can't tranfer my music to my networked hard-drive because, as far as the protocol is concerned, it's the same as a public internet site, then all it's done is restricted the term "compatible devices" -- which it necessarily must do in order to deem my friends hard drive different than my own.

    but drm has one more problem. I want to share my music with my children. my children don't exist yet, and are at least a decade away from being born, and so at least two decades away from caring about my favourite jazz vocalist. data is data and while finding old hardware is difficult, finding old software is not. but if my drm'ed music won't support the technology of 2025, then we've effectively thrown out your father's collection of old baseball cards; your mother's collection of romance novels; and your grandfather's old record collection.

    I still have my grandfather's favourite hammer, my grandmother's favourite painting, and the portrait of my great-grand-mother taken from a tiny sepia photograph held in my grandfather's back pocket through two wars as a soldier, that I digitally restored myself. Good thing that tiny photograph wasn't drm'ed from 1921 to restrict me from scanning it in 1997.

  188. Re: HATS! by TaoPhoenix · · Score: 1

    Is the content on a 2007 era Red Hat Linux box?

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  189. Nickelback? by Anonymous Coward · · Score: 0

    even without DRM, he was already limited in how he could enjoy the media

  190. Re:Why I don't buy online (Bingo!) by usagibrian · · Score: 1

    That's why I've passed up purchasing new albums from artists I've enjoyed for years. If there's a copy warning on it, I can't plug it into the devices I use to listen to my music. Thanks, but I've got no interest in adapting my listening habits to fit what the RIAA wants me to use. There's plenty of good stuff out there.

  191. Endgame by redelm · · Score: 1
    My biggest problem with DRM (beyond fair-use) comes for end-of-life and orphaned works. If they are DRM, how can they ever revert to the public domain? Most likely, the file format or keys will be lost, and the work will be forever lost.


    This is not the bargain the US Constitution permits as "copyright".

  192. Omnipetence Paradox DRM? by Anonymous Coward · · Score: 0

    Can God restrict copyright protected material with DRM so secure that even he can't transfer it to another form of media?

  193. Devil's Advocate by The_Wilschon · · Score: 1
    Personally, I oppose DRM in every possible fashion and in every concievable use.
    Ok, here's a hypothetical situation for you. Purely hypothetical, as I can't imagine that such a thing could ever come up, but my inability to imagine it in no way constitutes a proof that it could not or will not, so the situation and the problems it presents are still meaningful.

    Suppose that the use of some DRM today could prevent the use of a much much larger amount of DRM in the future. Further suppose that there is not any other way to prevent the use of that large amount of future DRM which is not ruled out by other concerns (for instance, destroying the planet in order to prevent DRM rather defeats the purpose). Now, do you oppose the use of the small amount of DRM today? If you do, it would seem that your opposition implies support of the large amount of DRM in the future.
    --
    SIGSEGV caught, terminating

    wait... not that kind of sig.
    1. Re:Devil's Advocate by Haeleth · · Score: 1
      Suppose that the use of some DRM today could prevent the use of a much much larger amount of DRM in the future. Further suppose that there is not any other way to prevent the use of that large amount of future DRM which is not ruled out by other concerns (for instance, destroying the planet in order to prevent DRM rather defeats the purpose). Now, do you oppose the use of the small amount of DRM today? If you do, it would seem that your opposition implies support of the large amount of DRM in the future.
      Suppose a woman is kidnapped by two men, and one of them says "I wish to have sex with you. You are welcome to refuse, but if you do, my friend here will use violence to force you to have sex with him." If the woman refuses, and the man's friend duly does as threatened, has she been raped?

      By this example we can see that refusing to choose the lesser of two evils in no way implies support for the greater. It may sometimes prove to be be unwise, but it is not logically inconsistent. Not least because there is no certainty about the future outside contrived scenarios. In my scenario, the men might have been bluffing. And in yours, a convenient change in government might mean that the apparent certainty of draconian DRM in the future could fade overnight.
  194. Government analogy by Tancred · · Score: 1

    The question is a bit like:

    Would you oppose a dictatorship, even if it's a benevolent one?

    Well, my answer is I wouldn't trust it to be entirely benevolent, and even if the dictator is ruling exactly as I'd like, I don't trust that it'll stay that way (power corrupting, succession, etc).

  195. Practical ... by jc42 · · Score: 1

    As a programmer, I come down instantly on the "objection due to practicality" side.

    Copryright law isn't programmable. It's something that depends strongly on the decisions of legislatures and courts. Until we have a true artificial intelligence that's much more intelligent than any human, there's no hope whatsoever that this can be programmed.

    So any software DRM is guaranteed not to agree with copyright case law in any jurisdiction.

    And there's the additional question of multiple jurisdictions. Has any DRM software been written that takes into account different copyright law in different countries? I rest my case.

    The question is a blatant "strawman" that presupposes something that can't possibly exist in our world. DRM will never agree with copyright case law. And given the commercial realities, it will generally be much more restrictive than copyright case law, whatever your jurisdiction.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  196. The question is pointless and misleading by Opportunist · · Score: 1

    It is like asking "Would you support a drug that doesn't cause addiction?" The basic idea of a drug dealer is to make you an addict.

    And the basic idea of DRM is to limit your freedom with the content. The idea is to control what you can do with it. The "dream" is still to make content perishable, so you have to buy it over and over.

    The fact is that DRM, no matter what shape it takes, limits the way someone can use content. And that way, the content becomes less valuable. Content with a "best before" date is obviously less valuable than content without, simply because you have more time to use it. And as long as the content industry doesn't realize that, they won't understand why DRMified content is no big seller. It is simply less valuable than DRM-free content.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  197. Principle or Practical by TaleSpinner · · Score: 1

    Principle, so no, I would not support such a format. My primary objection: this technology provides no automatic means for a copyrighted item to move into the public domain. If anything it helps encourage and support the idea of eternal copyrights. The Constitution of the US provided for copyrights - "for a limited time" - in order to encourage the production of intellectual property. To that end police power, paid by our taxes, would enforce the copyright with the understanding that when the copyright expired the IP would drop into the public domain, where it would be available for new uses of the property. Immortal copyrights (even the functionally-immortal system we have now) have no such bargain built into them. Copyrights last effectively forever, so police power paid for with our taxes continue to enforce the copyright forever. Why should anyone have to pay taxes to support the profits from privately held copyrights? Why should we all have to pay so Disney and Sony and who-all-else can make more money?

  198. Tags by dosboot · · Score: 1

    Yes/no tags would be more useful if the editors would be consistent in how they word their questions. The question in the article title, "Is DRM Intrinsically Distasteful?", is the opposite of the question in the article text "Would you support the usage of such a DRM scheme?". Also, it would be nice to see the numbers on yes/no so people don't have to read all 300 comments on a controversial article to gauge the response.

    Yes, I'm new here. Why do people keep asking me this?

  199. DRM is incapable of being good or bad by Aire+Libre · · Score: 1

    Like a gate, DRM can be good, bad or ugly. A good gate will keep uninvited people off of your property and keep your cows on it. Good DRM will protect copyrights from infringement -- and nothing else. A "bad" gate may have a positive use, but we must always weigh whether the negative effects outweigh the good, such as whether a very strong gate keeps firefighters away when your house is on fire. "Bad" DRM might be tolerable, such as a limited download intended for you to be able to "try before you buy" new software, or intolerable, such as a timed out movie intended to prevent people from exercising their statutory right to sell, lend, rent or give away their copy. An "ugly" gate would be the one that creates a barrier where no right exists to do so, such as if I were to place a toll booth at the Brooklyn Bridge. In the DRM world, the DRM that gives publishers cotrol over what they have no right to control is ugly, just plain ugly, and should be prosecuted. No copyright owner has the right to control private performances of their works (e.g., how many times you watch a movie or play a song). No copyright owner has the right to require playback using one particular CD player, computer operating system or media player. No copyright owner has the right to regulate whether I rent my movie, sell my used CD, sell a lawfully made copy of computer software to an artist instead of a student, or play my video games 10 years from now. See http://interactionlaw.com/id13.html

    --
    Aire Libre
  200. I didn't mind DRM until... by ScottSCY · · Score: 1

    I really didn't think much of DRM. I have an ipod (didn't buy it; won it in a drawing), used itunes, bought a little music on there. Life was good. Then I got fed up with windows XP and switched to ubuntu. Then I didn't like DRM too much. If apple would just release itunes for linux I would probably be content again, but it really highlighted the fundamental problem with DRM: I can't listen to my own music on my computer unless I do something illegal or play by someone else's rules (which would mean using macOS or windows). Unacceptable.

  201. Stupidest question ever by Rudd-O · · Score: 1

    This is the stupidest question I've heard throughout the year.

    If this "ideal" DRM you're implying on your question *did really* comply with everything set forth in your initial assumption, it'd still be useless for me.

    Why? Because I like to do lots of things with, say, music I have. Remixes and megamixes. Sharing it with my friends. And that's just a corner example, I could recite ten more.

    By definition, Digital Restrictions Management is about creating unnatural obstacles to these kinds of uses. These unnatural roadblocks translate into my direct and unwavering unhappiness. Therefore, it sucks.

    The whole notion of others controlling things and knowledge in my power is absurd. We as a society tolerate it only because 1) we all recognize there's value in monetary incentive, and 2) we have too many politicians bowing to people in power.

    Unnecessary nuisances should be treated exactly like unnecessary laws: shot upon sight.

    --
    Rudd-O - http://rudd-o.com/
    1. Re:Stupidest question ever by Tancred · · Score: 1

      1 - short year so far, stick around!

      2 - sounds like you want to break copyright law and are therefore against DRM on principle

      3 - "too many politicians bowing to people in power" - you (and everyone!) should be supporting publicly financed elections of some kind (see e.g. Public Campaign)

  202. speed limiter by Animaether · · Score: 1

    I've always found the reactions to the notion of a speed limiter on regular cars (they're common on trucks, and the hayabusa is the last production motorcycle that would be able to top 300km/h as all later motorcycles post-2001 are artificially limited to that top speed) interesting.

    65Mph is the maximum speed on rural interstate highways. There's always a bit of leeway, presumably to deal with situations as that mentioned by the parent poster. And I certainly wouldn't like cars to be limited to the maximum speed limit for thos reasons either

    However.. let's say they put an articial limiter on cars at 100Mph - would you still object? Please note that this is well over any speed required, or even attainable (lest you have a supercar), for you to take any evasive maneuvers and far above the maximum speed limit on any road. I have a feeling a lot of people would still say "yes!" based on principle - without a particularly solid foundation (I guess that's what 'on principle' means) as to what possible purpose / excuse they could have for going faster than 100Mph. What if it was 200Mph?
    ( "getting away from a crazy stalker with a chainsaw" notwithstanding - presumably their car could also go faster than 100Mph, so you would still be quite screwed )

    Just curious, really..

    1. Re:speed limiter by corsec67 · · Score: 1

      75MPH is the rural speed limit in the midwest here. Imagine if your car was set to california 65MPH, and you were in Texas, where the speed limit is 80 MPH. http://www.foxnews.com/story/0,2933,197072,00.html The speed limit used to be 55, then 65. Do you want your car to be limited to a speed less than the legal speed limit?

      Also, I have driven a Ford Tarus that had a limiter at 107MPH. If you went past that speed, where the engine was still in the middle of the tachometer, the throttle would cut until 95MPH.

      My old Subaru Loyale couldn't go past 80, unless it was downhill, with a tail wind, with a few mile straight, then you might be able to reach 100 MPH.

      --
      If I have nothing to hide, don't search me
    2. Re:speed limiter by Anonymous Coward · · Score: 0

      No, I would object.

      Because the people who ask question like this are without exception bad drivers who try to hide behind laws to mask their incompetence. They also put on a mask of holier-than-thou as a way of keeping the moral high ground as well.

      I'm not falling for it. I'm too old and too cranky to dumb-down because you are incompetent. If you have a hard time driving at night or in the rain, then don't drive. Don't demand everybody change their behavior to compensate for your lack of ability or unwillingness to devote 100% attention on the road.

      I'll bet the same people think it's okay to talk on the phone when they drive, too.

  203. Off-topic sig comment... by Anonymous Coward · · Score: 0

    Do you really mean mote or moat?

  204. Ridiculous Premise by Sloppy · · Score: 1
    ..subject to a DRM scheme that allowed full legitimate usage .. and only blocked illicit usage ..

    It's a dumb question. Might as well ask, "If we could eat our cake and have it too, would we get fat?"

    It is impossible* to have DRM that allows all legal things and only disallows illegal things. Either I can access the plaintext or I can't, and by the time I have it, you don't know what I'm going to do with it (good or evil).

    If the user can access the plaintext, he can do bad things with it.

    If the user can't access the plaintext, you can't permit all good things.

    (*) When I say impossible, I don't mean that it's hard. I don't mean we lack the technology or ingenuity, like "it's impossible to break the sound barrier." I mean it's as impossible as being a little bit pregnant, or a snake being right-handed, or an album cover being more black than Spinal Tap's black album.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  205. Non-interference w. fair use by rlp · · Score: 1

    I don't like DRM per se. But I'd be willing to buy a product with DRM as long as it didn't get in my way. This means, I can play the music / video on any device I own. I want to make my own mixes on a CD for my car, etc. Basically, I'd put up with DRM that doesn't interfere in any way with my fair use rights to the media. And doesn't require special software, dongles, replacing existing devices, etc. That said, I've yet to encounter a DRM system that fulfills these requirements.

    I used to buy a lot of music to listen to in my car during my commute. The first time I bought a CD I couldn't rip (and couldn't return) that was the end of that. Thank goodness for podcasts and TWiT.

    --
    [Insert pithy quote here]
  206. Impossible by GWBasic · · Score: 1

    Such a system is impossible; how does it know if the CD I burn is for personal use? Likewise, what if I have a legitimate use for 100,000 liscensed playback devices?

    It is impossible to objectivly judge the intent of a consumer; thus content creators need to build a trust-based relationship with their sponsors. DRM inheritly breaks such a trust relationship.

  207. Impossible? Maybe by natet · · Score: 1

    IF they could come up with a DRM scheme that only blocked illegal usage, but still granted me my fair use rights, I would support it. My dis-like of DRM is only because all the current schemes step all over my rights as a consumer and purchaser, or they lock me into a single proprietary vendor for devices to access the copyrighted material. Well, that and the fact that some vendors (*cough* Sony) have decided that their rights as a copyright holder far outweigh my rights as a consumer, and that has led them to believe that it's alright for them to damage my property to protect their material.

    I'm not against DRM, I'm against having my rights made obsolete by technology, something a copyright holder might also say about their rights.

    --
    IANAL... But I play one on /.
  208. Never by illuminatedwax · · Score: 1

    So you're saying, if there was a magical way to make media have DRM, and make it so that it gave me all the freedoms that I think it should have (assuming that we can all agree on what those are), would it be good?

    No. Not at all. Would you want to put a magical lock on a gun that would instantly know if it was being used illegally and then have it refuse to fire? No. In order to have a free society, its citizens MUST be allowed to break the law. Otherwise the country becomes nothing more than a huge prison.

    --
    Did you ever notice that *nix doesn't even cover Linux?
  209. Invalid premises, invalid question by introp · · Score: 1

    [...] a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?

    The describe a system which is impossible to create, so the question is pointless. Software can never tell the difference between fair and illegal use. If panels of judges regularly have trouble determining if a use is legal or not, I guarantee it can't be done algorithmically.

  210. Both by JumperCable · · Score: 1

    "is your objection based on principled or practical concerns?"

    Both.

  211. Would I? Not that one. by kindbud · · Score: 1

    The scheme described in TFA could only be realized by having a copyright expert monitor my use of the media. No technological product could conceivably meet the requirements set forth. Since I would not accept having a representative of the RIAA/MPAA observe my use of the media, I would not accept this DRM scheme.

    --
    Edith Keeler Must Die
  212. Amen! by Anonymous Coward · · Score: 0

    Thanks. I was trying to formulate a wording to my thoughts on it, but your post pretty well sums it up.

  213. Not Possible by Bugmaster · · Score: 1
    but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying)
    I object to DRM because I don't believe that it is physically possible to create a DRM scheme that can permit legitimate usage, but block illicit usage, unless the DRM is telepathic. Otherwise, how will it know what I intend to do with the copy I make ?
    --
    >|<*:=
  214. DRM isn't really *the* problem by Anonymous Coward · · Score: 0


    It's the Criminalization via DMCA type legislation that is our big problem here.
    Heh, the captcha says "insights".

  215. You can't make people care by Anonymous Coward · · Score: 0

    The problem that I have with DRM is this: where will it end? I remember back in primary school, out of a lack of knowlegde combined with ignorance, I converted the strange format of an audio file by plugging a 3.5 stereo cable's one end into the line-out of our family computer, and the other end into the line-in. I recorded the sound at a high sample rate in Sound recorder and converted the wav file to an mp3. I realized, if you can play any kind of sound on your computer, you can copy it. duh. So where will DRM end? I'm guessing the DRM architects will eventually arrive at the dilemma that digital music's copyright infringement problem starts right there. It's digital. The era of information's greatest feat is the ease by which information can be distributed, copied etc. and trying to inhibit that will be virtually impossible while still allowing someone to play sound on his computer, or watch video on his TV for that matter. Add to that the fact that even average joe will go to the greatest of lengths just to save a few dollars, and the architects are screwed. Average joe also doesn't care. Don't you cringe when multi-million dollar record companies and millionaire artists who can afford to whipe their asses with $100 notes complain that you are denying them income? Why would you give an artist another $1 when you could get his hit-single for free by copying it from a friend? Remember that time when millions of dollars was stolen from Oprah's bank account and she didn't even notice? You can spend a truckload of money on a new DRM scheme, but you can't make people care. Don't get me wrong. I will support an indie band that actually needs the money.

  216. Yes, But No Such Condition Will Be Met by Anonymous Coward · · Score: 0

    Yes, if I would be given those allowances and the price actually reflected the reduced cost of internet distribution I would purchase such a product. But I don't believe it will happen, it really isn't possible and the RIAA is too greedy to actually have a reasonable price.

  217. If your aunt had balls... by Anonymous Coward · · Score: 0

    ...she'd be your uncle.

  218. I want to BUY the music, not a liscence to a copy by Anonymous Coward · · Score: 0

    Here's the thing. I don't actually want to buy a liscenced copy of the music, with rules on it. I want to buy the music, and have it be mine to do what i will with.

    Unfortunately, that is not what the sellers are selling.

    But this is where your question boils down for me. Even if all the rules were ones I could agree with, would I want to buy the liscensed copy?

    Certainly if given a choice between an (legit) unliscensed and a liscenced copy of the same thing, I'd go with the unliscensed one, because I don't want the headache. What if my situation changes, and the rules I thought would be ok are now annoying?

    But given the real world choice of buy what the seller is selling, or walk away: then for things I want more than I dislike the liscensing, yes I would buy. And things that I don't want bad enough, I wouldn't buy.

    This actually applies to even draconian DRM... the more I dislike the liscensing terms, it gets harder and harder for me to want the product enough to actually buy it.

  219. let me rephrase that... by 6 · · Score: 1

    If I could guarantee that an absolute monarch would always be wise, never evil...would absolute monarchy still be distasteful? Or how about slavery?

    The point is you are still surrendering control against your trust of a corporations promise. For many people it doesn't matter how many guarantees you give they will be unwilling to give up ownership and control to someone else.

  220. Nobody may want that... by Rudd-O · · Score: 1

    ...but nowadays all american cars have that restriction. Usually all it takes is a reprogramming of the onboard computer, and presto, it's an increase of 20 MPH or more. And this is not even tuning the engine, it's just removing the throttle/redline limiter.

    --
    Rudd-O - http://rudd-o.com/
  221. Is DRM Intrinsically Distasteful? by wideBlueSkies · · Score: 1

    On /. that's like asking the following question:

    Does Windows intrinsically suck?

    --
    Huh?
  222. This whole idea is based upon flawed logic by Whuffo · · Score: 2

    To a surprisingly large group of people, the idea that you can create technical solutions to societal problems sounds reasonable and worth pursuing. DRM is just another example of this bad idea; consider internet filters (save the children!), spam filters, etc. As attractive as the idea may be, it's doomed to failure no matter how eloquently you describe it. There's a class of problems that can be solved by technology, and there's another class of problems that can be solved by human intellect. They're not the same, and they only overlap in a very small area. Trying to use technology to solve problems that can only be described / solved by human intellect is an exercise in futility. So it's not possible to create an internet filter that'll block "illegal" material and let everything else through. It's not possible to create a spam filter that'll block all the spam and let all other email through. And it's not possible to create DRM that'll block all "illegal" actions and allow all other uses. Are those executives pushing DRM evil, or are they just ill-informed. I suspect that they really expect that DRM will do what they want it to do and just don't understand that what they expect is impossible.

  223. DRM now and future by BanjoBob · · Score: 4, Insightful

    DRM is plagued with problems that were never really thought out. The implementations in use today are to solve an immediate need. In most cases, they are failing badly.

    I work with some Indie record labels and none of them employ DRM except for what they sell on iTunes. Their CDs are all clean. They have recently come under fire for CMT videos not playing in Firefox, Opera, Netscape, etc. To counter this Microsoft PC only issue, they have now started posting the music videos on YouTube.com also. They had to as nearly 30% of their audience couldn't watch the videos.

    But, we come to an even bigger problem. Obsolesence. Labels get bought and sold. Media changes (cylinder - 78 - 45 - LP - EP - CD - SACD - Digital.....) So, it is quite likely that any mechanism employed today won't work in the future and, at the rate of technology evolution, that won't take too long. At some point, the music becomes unaccessible. You paid for it. You licensed it. But you can't listen to it.

    We also have copyright issues. Lets say in 50 years the copyright expires and the music becomes public domain. How to you remove the DRM? How does one make the music available to the general public once it is in the public domain? Under DMCA you can't - even if it is for legitimate use.

    Finally for historical and archive purposes one would need to keep the playback mechanisms current, licensed and capable for playing old DRM'd content. In 100 years if somebody wanted to do research and study 1990-2010 music of a particular genre, it would probably be much more difficult due to DRM'd media getting in the way. How do you play, restore and repackage the DRM's oldies?

    The DRM people haven't seriously looked at the cultural and social long-term impact of DRM. They don't really care as that doesn't bring revenue to their pockets but society does care but society doesn't have a voice or lobby power that RIAA/MPAA/BMI/ASCAP and the other Performance Rights Organizations (PROs) do.

    --
    Banjo - The more I know about Windoze, the more I love *nix
  224. Re:despite your sarcasm, what you said was accurat by andm461c · · Score: 1

    "adapt or die"?

    "don't argue against me. i'm not imposing my ridiculous philosophy on you. you are not resisting my words. you are not arguing with me, you are not resisting me

    you are resisting reality. i'm simply the messenger."?

    Ever thought of starting a cult? (~_^)

  225. Do you really own it? by softweyr · · Score: 1

    I demand my right to shift materials that I've rightfully purchased onto other media... I have my entire music collection, not to mention a mass of recorded video

    Assuming you actually own the recording, I agree with you, but that is often not the case. For instance, if you recorded a TV show off the air with your MythTV, you do not own the recording. Broadcast is intended to be a one-time "performance" and the broadcasters can and do reserve the right to sell recordings via other means.

    Sure, I use a DVR too, but if we're gonna use legal hair-splitting to justify doing away with DRM, let's be clear about what we're advocating. "Honest, officer, that bicycle was just laying there unlocked so I assumed it was OK to take it..."

  226. How could DRM work so perfectly? by Anonymous Coward · · Score: 0

    I would object to DRM such as that described in the OP simply because any 'ware that could actually deliver on that promise would be far too cumbersome for practical use.

    The key is that it would have to be able to discern perfectly between legitimate and illegitimate use, meaning it would have to know the legitimacy, for example, of every instance of copying and editing any portion of the content. It would have to know that it would be okay to extract the audio of a newscaster's speech for a biography is legitimate use, yet extracting and rearranging individual words to falsely implicate a celebrity in a crime is not. It would have to know that putting an episode of a sitcom on a television in the middle of a piece of performance art is legitimate, but extracting two ten-minute clips of a television show and hosting them on YouTube is not. It would have to be DRM that can read intention and context, and these are challenges that have frustrated people trying to create human-friendly search engines and the "Semantic Web."

    Why should I be burdened by having such an intricate and powerful program running on my computer and performing prior restraint while I attempt to create multimedia content?

  227. you don't get it by circletimessquare · · Score: 1

    if you share something, anything, electronically, it will be copied and disseminated. your "glimpses" are permanent and easy to get as soon as they are made widely available. doesn't matter what controls you put in place, it will get out. that's the whole point, a point you still don't seem to understand: you can't share anything electronically on a mass scale and expect to continue to control it. so your "glimpse" gets out there, and STAYS out there. it's pandora's box: if you disseminate it widely and publicly, it STAYS OUT THERE. try to grasp that concept before forming your impressions

    then you say you don't want to pay a lot of money to go to a concert. implying that that would be the only way to get new material. it's as if you don't like the idea that you can't get your hands on what goes on at a concert. as if the that DOESN'T HAPPEN ALREADY RIGHT NOW AND FOR DECADES FOR EVERY ACT THAT HAS EVER EXISTED! duh

    and finally, your first point is that the artist would never make money because no one would go to his concerts because you can get his recordings for free

    (smacks forehead)

    idiot: the people who have all of the guys free recordings are the ones MOST LIKELY to go to his concert. the fans. duh! are you implying that people are going to go pay for concerts of people they never heard before? you mean right now people go "i'm not going to this justin timberlake concert... because i already have his cd"

    !?

    you have some serious limitations on your ability to understand the reality of the subject matter you are commenting on

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  228. Re:Disney Extension doesn't work quite that way by mcrh · · Score: 1
    Consider that even if an artist was the last of his bloodline...
    First, if she had no heirs at all (including parents, siblings, cousins, etc.) then her property would escheat to the State.

    Did anyone else find it just slightly disturbing that the subject was given a postmortem sex-change operation? Please tell me the name of that mortician, so I can be sure to steer clear of him.

  229. Of course by FredMenace · · Score: 1

    Of course I would: the only way for a DRM system to determine whether a usage is fair or illegal would be to unduly invade the user's privacy. So I wouldn't object to such a hypothetical DRM system per se, but I would object to the privacy invasions that would be required for it to work.

  230. My two cents by sacrilicious · · Score: 1
    If... a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?

    Depends on what the "etc" in the allowed functionality list is. Things I want include

    • [a] guaranteed ability to backup media, or otherwise completely hassle-free retrieval of media in the event of loss/destruction
    • [b] a guarantee that no new restrictions will be placed on the media in the future
    • [c] the ability to play on as many devices as I want, perhaps not at precisely the same instant but with no overhead/hassle for registering/unregistering devices as "valid"
    • [d][ when the DRM system fails (like key-finding logic screws up), it allows rather than restricts playback (erring on the side of the consumer), and
    • [e] only a single purchase ever required, i.e. no "rental" or "licensing" terms that manifest as multiple payments.
    If "etc" does not include all of the above, then I'm probably not interested... really, the only concession I want to make for DRM is that I won't ever give the media to someone else. If "etc" *does* include all of the above, there is some chance I'd be interested.

    In other words, if you object to DRM schemes, is your objection based on principled or practical concerns?

    You tell me. My list above is, IMO, comprised of requests that are simply geared to make my life functionally (practically) easier. I'm willing to suppose that "wanting ease" is a practical rather than principled concern.

    But look at item [c]... in practical terms, the ability to play on as many devices as I want means either letting them play simultaneously, or having all involved devices implement the hardware and software required to communicate utterly reliably (and I would not be satisfied with paying any arbitrary additional cost that such hardware/software levied on the price). Due to the technical impossibility of getting such a reliable and cost effective communication technology spec'd out and the probable impossibity of getting companies to agree on the standard (they can't even agree on disk formats, fcs), this probably requires that I be allowed to play on as many devices as I want simultaneously. Would DRM folks stand for this? If not, does this requirement amount to a practical one (because I want my life to be easy) or a principled one (because I refuse to let technological and political limitations prevent me from having having what I want)? If the latter, who's forcing the principle here... me, or the premise of this "Ask Slashdot" that gives a "restricted only in principle" utopia as a premise?

    I posit that the foundation of this Ask Slashdot is flawed. There is no bright-line dichotomy between "practical" and "principled" when it comes to DRM.

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  231. I would go even further by myowntrueself · · Score: 1

    I would say that there is, in fact, no such thing as "intellectual property" at all, in the sense that an individual cannot have an idea all to or by themselves. A corporation cannot have an idea *at* *all*.

    Ideas come to people from their life experiences. Their life experiences come from the world around them.

    That is to say, their ideas emerge not just from themselves but from the society they inhabit; they those ideas are, in another sense of the word "property", an emergent property of that world, that society.

    Intellectual property, if it exists at all, must be the property of the society from which it emerges.

    To my way of thinking, the assertion that individuals or corporations can claim property rights to ideas is an attack on society itself; it is an attack on *civilisation*. Because without the free exchange of thoughts and ideas there *is* no civilisation.

    What we are seeing today is a kind of civil war; between those who believe that they can somehow generate and lay claim to ideas just as someone lays claim to a piece of land, and those who believe that ideas are the property of us all.

    It has been said that wars of independence are almost always followed by civil wars. Well, the world of ideas has been through a kind of war of independence; with the advent of the information age and the ability to copy things which have value, with no loss or degradation.

    There thus ensues a civil war, the outcome of which will set the scene for the future of our entire civilisation.

    --
    In the free world the media isn't government run; the government is media run.
  232. Missing the point... by tre4lien · · Score: 1
    I am shocked that comming in this late, I found no comments on what I consider the MOST important reason ALL DRM IS OFFENSIVE:
    Restraint of development
    It's not just DRM, it's a neccessary evil of mature capitalist organizations - you can't create a standard without trying to sabotage technology development in that area.

    In fact, that's the whole business model behind DRM...
    You are not to prevent dick from giving a copy to Jane, so much as prevent Dick from inventing a new use before you do that makes Jane stop thinking of you as the only source.

    For example, If you are a television media company, you want to do anything you can to prevent someone from inventing a TIVO before you can figure out how to secure a monopoly in that market and control the release and development of that tech - otherwise you may not have a place in the new market at all.
    If they do invent a TIVO, you have to do everything in you power to sabotage that new market so that you can regain control with a new, and (apparently) better thing.

    Ideally, as a monopoly, you are the only one legally allowed to bring new technologies to market.

    I really can't believe this question was taken seriously, then no one just spit out the bottom line:
    Obviously all DRM is distasteful, it's whole purpose is to restrain technological human development.

    I understand that many people feel that overall human development is not as important as immediate artist prosperity - I disagree, but I understand that view.
    But even if I agreed with that view, it makes DRM no less distasteful, just "neccessary".

    Finally, I have seen the argument that it is impossible to maintain artistic creation in a society without our current lottery of potentially large financial reward; to that, I say Bu11shit.

    I don't give a damn about my right to personally evaluate "Fair Use" compared to my right to develop new uses and technologies from emerging standards!
  233. I'll pay for music and movies when its worth it by crumplez · · Score: 2, Insightful

    The entertainment industry wholly gets way too much money by monopolizing content through artist contracts and vertical integration into movie theatres. I can think of about 3 recent movies worth 10 dollars and I can think of zero recent albums worth 17. This industry has been living with delusions of grandeur since the inception of media recording. The wave of novelty has crested and broke. As far as software is concerned I see no reason to integrate DRM into any data format. The CD Key/watermark system has worked fine for the kind of software I support the production of.

  234. Exactly. Should your car refuse to go over 55mph? by Anonymous Coward · · Score: 0

    Isn't the point of Law to allow human beings to generally operate using their own free will, while at the same time setting boundaries as to what behavior is tolerable by society?

    As such, I should be allowed to watch a pirated movie in my basement just as if I decide to drive 80mph in a 55mph zone. I'm succeptible to the consequences, of course. However, my car does not shut down when I speed, and so why should my DVD player shut down when it "thinks" I'm doing something illegal?

    I think you bring up an interesting case to declare DRM as unconstitutional. By controlling what I can and can't play using equipment that I own, and otherwise seizing control of my personal property, my 4th amendment right is being violated.

  235. Subconscious copying? by tepples · · Score: 1

    Because there are some people who make audio productions who do not charge and do not restrict distribution. As long as that is still possible, and those people don't have to pay some arbitrary group for a "license" or other enabling mechanism to distribute their "stuff" for free, I'd be all for it.

    Except how do they know whether it's actually their stuff? For instance, George Harrison and Michael Bolton got burned when a court found that they had accidentally copied songs by Ronald Mack and the Isley Brothers into their own songs, forgetting that the melodies they were using had already been used in a copyrighted work. See Bright Tunes Music v. Harrisongs Music and Three Boys Music v. Michael Bolton .

  236. The question is inadequate by WheelDweller · · Score: 2, Informative

    In the 40's, the best and brightest of the German minds created the Enigma machine. These were top-level scientists...and the British broke it. No encoding scheme will ever be break-proof; it's (another) waste of time and millions trying to do it (again).

    Remember the cassette tapes? Copying them was a loss of quality...and then the pirates got really good tape decks, and made more. When it came to 8-tracks, trying to keep all the recorders off the market found that these machines, too, were found on the black market. Then CDs. Most of you are young enough to remember all the attempts to make DVDs only work one way, and only from the original.

    This is paralleled by the floppy market where a certain sector is damaged (and, in theory un-copyable) to keep people from making illegal copies. Pirates made copies.

    Now we're told that all this money is being invested in making motherboards that won't play video without a decoder in the screen...won't output unless there's a decoder in the speakers...and when we buy music, two months later it disappears in a puff of logic, so we'll buy more. I don't cotton to that new world, with a live, grabbing hand in my pocket all day. It's a primary reason I run Linux, after all.

    What the music barons need to do is find someone to sell-out to. Just get out of the market- they're not needed anymore, and there's no chance they're going to make billions-per-year on the backs of artists who have to take day jobs.

    And don't get me started on how they've destroyed the music; Disco lasted (arguably) four years...for some reason, that was too much. However, Rap starts it's 16th year soon, and that's just not quite enough! No chance of a blind artist (Stevie Wonder, Ray Charles), or ecclectic artists like we had before- the barons feel the need for money, and won't dare risking a single dollar on anything that might rock the boat.

    No encryption is permanent. People have GOT to stop telling them different. It's time, like the carpetbaggers, the lamplighters, and the foremen in the buggywhip factory, it's time for them to get other jobs. What they're doing to the music industry is just plain wrong.

    Instead, *people* should make the music; "producing" is pretty much some time with Audacity and burning a CD. Venues have opened up for these people in the places the music is played; bars, dances, that kinda thing. When a band has recognition....on it's on merits...it will grow. And they'll get a large share of the box-office when they play in person. That's already happening now, in larger towns.

    The music business is one with a bright future behind it. But it's days of free-flowing profits is coming to a middle....and they should continue to the end, without losing their shirts. Cause nothing else is gonna change.

    --
    --- For a good time mail uce@ftc.gov
  237. two bits or two cents, whichever comes first.... by UncleTogie · · Score: 2, Insightful

    My objection to DRM is basic; it's an assumption of guilt. Were anyone to seriously accuse me of doing something that I didn't do, wouldn't do, and have a general distaste toward [example: my friend is mad at me because he thought I was humping his pet beagle's right nostril,] then I'm going to react with more than a brush-off. I don't care for being called a thief when I'm not taking a fraggin' thing I don't already own. I don't object to compensating the artists for their work; I just feel it's not fair to slap handcuffs on everyone for something someone MIGHT/will do. It's bad enough from our government; I'll be damned if I'll take that crap from ANY corporation.

    Executive Summary: Methinks they're getting too big for their britches...

    --
    Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
  238. Phew! thank heavens by tkrotchko · · Score: 1

    "For example, I'm against the sale of automatic weapons to teenagers"

    Well, you're in luck. No one can buy automatic weapons, at least not in the United States.

    You can rest easy tonight.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Phew! thank heavens by Anonymous Coward · · Score: 0

      well, I would be sleeping well, if it weren't fer the the arthritis in me hip, and the angry people what with their torches and pitchforks and what not.

  239. DRM technology is harmless. by Anonymous Coward · · Score: 1, Insightful


    DRM technology is harmless. DRM software is a simply pattern of bits, which by itself can do no harm.

    The harm comes entirely from the legal system.

    We are proceeding in a very clear legal direction: Some day, it will be illegal to use a computer that does not have the proper "trusted computing" hardware and software installed on it.

    The public will accept this, too, because the politicians will convince them that it's a necessary step to "keep the Internet safe". They will exploit the public's ignorance of technology, and they will tell the public that "trusted computers" are necessary to prevent viruses, child porn, and terrorism.

    And the public will applaud them for it, because it sounds like common sense if you don't think about it for more than a few seconds (which they don't). As long as they can continue to get their entertainment products, few people will object to the idea of requiring all of our computers to be trusted.

  240. The question is fundamentally flawed. by Anonymous Coward · · Score: 1, Insightful

    If digital media was available for sale at a reasonable price, but subject to a DRM scheme that allowed full legitimate usage (format shifting, time shifting, playback on different devices, etc.) and only blocked illicit usage (illegal copying), would you support the usage of such a DRM scheme?


    The question is fundamentally flawed.

    The whole point of DRM is to prevent format-shifting, because it's indistinguishable from illegal copying.

    The scenario presented in the question assumes that the Mafiaa will trust people to perform their format-shifting in a "responsible" manner. However, DRM exists specifically because people cannot be trusted. The question tries to combine these two contradictory worlds together. The resulting scenario simply cannot exist in the real world.

  241. Law Enforcement by kdean06 · · Score: 1

    Quite simply, there is no such thing as tasteful DRM. Even IF it prevented ONLY illegal copies, that is still a freedom that is being taken away from the user. I'm an American, often criticized for my stance on gun ownership by my international friends. To me, it has nothing to do with guns themselves, but rights. Even a stupid right is still a right, and I am appauled when they're threatened, or simply trampled over. The same with DRM. It is the place of law enforcement, NOT media corporations, to enforce the penalties for violation of the law. If people were being detained in Wal-Mart by the blue vested employees because they have hands and "could commit theft against us", that would raise alarms that would set the most conservative people aflame. The **AA has no right to restrict me or anyone else, in any way shape or form, even IF I should choose to violate the law. And not until there is proof I've comitted a crime, and I've been given due process of the law, should my rights be taken from me.

  242. Stupid question. by uncoveror · · Score: 1

    A DRM scheme that stops real piracy, but allows everything consumers want is not feasible, and never will be. Would I support giving frogs wings so they won't bust their asses hopping? Now let's stay in the realm of the possible. No DRM will ever be unhackable. Counterfeit movies and music will always be on street corners. All DRM assumes the legitimate customer a thief, and disrespects his or her personal property right, so yes. DRM is intrinsically distasteful.

    --
    The Uncoveror: It's the real news.
  243. You don't have to do that. by Grendel+Drago · · Score: 3, Insightful

    You don't have to postulate some magical "moral entitlement" to give creators a temporary monopoly on their works; you only have to posit that people will be more inclined to produce creative work if they have a guaranteed opportunity to profit from them. (Nothing's guaranteed; if nobody buys your CD, your rights under copyright law help you not at all.) Of course, current copyright terms are absurd, and serve to stifle creativity by locking up our culture. Still, it's based on a completely legitimate idea, and I for one don't advocate the abolition of copyright as a whole.

    I'd advocate a return to Founder-era copyright terms, heavy protections for fair uses (especially noncommercial and educational ones), and something like for full protection, commercially exploited works must submit to the Library of Congress, to be held in escrow, a fully unencrypted, unencumbered version of the work. But wonky ideas don't count for much when the central question is whether copyright will go from Life+70 to Life+90 in the next few years...

    Bah. I wish we had Public Domain Day in the US.

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:You don't have to do that. by ShieldW0lf · · Score: 1

      You also have to weigh the cost (tying access to culture and education to financial capacity) against the benefit (paying people to create new "creative works").

      We're getting to the point where we'll have the technology to put the entire sum of human creativity to this date on a single device and giving one to everyone on earth. Copyright would prevent that.

      We simply need to find a better way to entice people to create. The cost of our existing structures continuance is too high.

      --
      -1 Uncomfortable Truth
  244. Re:Disney Extension doesn't work quite that way by cpt+kangarooski · · Score: 1

    First, if she had no heirs at all (including parents, siblings, cousins, etc.) then her property would escheat to the State. The practical effect of which (I believe - I haven't researched it) would be to put the work in the public domain.

    No. If it escheats to the state, then that means that the state owns the copyright, just like anyone else can. A state could have a policy of putting escheated copyrights into the public domain, but AFAIK, no states do that.

    --
    -- 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.
  245. Make it easier--unencumbered copies. by Grendel+Drago · · Score: 1

    How about... for commercially-exploited works, or works that sell more than blah-blah copies, or some such thing, an unencumbered, unencrypted copy must be deposited with the Library of Congress. What's that, you say? Someone might copy it? Tough shit--they have audio CDs and books which anyone with a CD drive or scanner can copy. Require that access be restricted to archivists; whatever. The point is that an unlocked copy exists and is preserved.

    This works best with shorter terms; maybe 28, plus 28 with renewal, or 14+14. And while I'm at it, I'd like the government to require source code review/escrow of any software running on systems dealing with high-security data. And a pony, damnit.

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Make it easier--unencumbered copies. by Bert64 · · Score: 1

      Better yet, copyright should expire once a threshold of sales has been reached. The idea of copyright and patents were to allow someone to make money from them, once they have covered production costs and made a reasonable profit they should be forced to compete fairly with everyone else. Once the initial production costs have been met, selling additional copies effectively amounts to printing money. The law shouldn't allow companies to make absoloutely obscene levels of profit from a single work.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  246. Why DRM is silly by Anonymous Coward · · Score: 0

    I read /. a lot on and off, but have never posted before, until now.

    The real issue with DRM, or any copy and protection technology is what it's trying to do. Any of you have taken economics perhaps remember a price floor above the supply and demand intersection, and the black market it creates - that's exactly what's going on here. These companies are making more gross dollars by making the problem worse as opposed to lowering the price. It's more profitable, at least for now, to spend big $$ on preventing users from pirating the material, and charging more, instead of just setting a price (more) people are willing to pay, and don't feel the need to pirate. I don't want to pay $20 for a CD for album art, insane post-production, loads of marketing, DRM, and a case. I want to pay $1-$10 (depending on age, genre, etc) for a basic disk, with no fluff, just music.

    The issue gets even worse when you go beyond music, to things like vista, HDCP, and other associated technologies. Vista comes with some of the most advanced anti-piracy methods of any Microsoft operating system. Why ? Because it's $400, and people will definitely want to pirate something that expensive. Why is it $400 ? Because it comes with aero, is new, and comes with more anti-piracy technology that anyone can shake a stick at. It has very little, if any technology to make the computing experience better for the end user. There's no way in hell I'm going to buy a copy of Vista. And I'm not going to waste time and energy trying to pirate it. When XP no longer does the job, it's either going to be linux or linux + MacOS. If I could buy a regular DVD for $3 to $10, and a HD-DVD for $5 to $15, I wouldn't ever want to copy one. Hell, at that price, if I cracked my copy, I'd just go buy another, as the blank + my time would end up costing me more. I'd like the legal ability to transcode so I can use my content on a portable device, but if the prices were low enough (a dollar or so?) I'd pay for that, too. Instead, I have to pay $20+, and if I actually want to use my HDTV to watch Hi-Def content, I'll probably need a new one, due to HDCP. Unless someone leaks a key, and I spend hours copying my disk, I have to buy a new one if I crack / scratch it. Games are the same way. There are few games out there that have justified their cost to me, but even that's better, as you get 10-50 hours of entertainment for your $20-$50.

    Until companies learn that they need to fix the source of the problem, what makes SO MANY people want to pirate (the price), they're just going to continue to escalate the problem, by wasting our money on technologies that force us to spend more of our money.

  247. Yes, it *is* intrinsically evil. by amper · · Score: 1

    Because DRM is like legislating against thought, at least in the case where DRM schemes effectively become government legislation through illegitimate laws like the DMCA.

    Put simply, the most essential freedom we possess is the freedom to break the law. When this freedom is lost, we cease to be a free people.

    Other than that, such a DRM scheme as you are attempting to describe is something that I believe to be impossible to produce. There is no feasible way of protecting digital content that cannot be broken with commonly available resources (within reason). All forms of encryption known to man are nothing more than stop gaps that buy time to give the appearance of security.

    If DRM were simply a choice in the marketplace, it would fail miserably, as it can be argued that it demonstrably *has* failed, despite Apple selling 2 gigasongs. Unfortunately, we are left in a quandary, because it only takes one "free" copy of a digital work to be released to the Network, and left to their own devices, *someone* will see that it is done. You may argue whether or not this is a good thing, but there are many who disagree. Perhaps it is that now that we have progressed so far with technology that an original idea can become known to nearly everyone on Earth in a short period of time and at practically no cost, that original ideas will cease to have economic value.

  248. Red herring. by Grendel+Drago · · Score: 1

    Red herring. DRM isn't designed to protect data; it's designed to restrict the ways in which data can be used. It's perfectly possible to encrypt hospital data and, for instance, require doctors to carry around USB fobs with decryption keys on them, attached to their belt loops; walk away with your key and the data turns back into encrypted sludge. Or something of that nature, dealing with the possibility of keys being lost or whatever. The point is, your example is utterly irrelevant to the debate at hand. Just because DRM-pushers use the words "trusted" and "secure" doesn't mean it's at all helpful to you, in any manner at all.

    Besides, DRM is about assuming complete control of the user's machine, and making it not really the user's. Asking about a DRM system which allows fair use but prevents infringement is like asking about a five-sided triangle; it's self-contradictory in nature.

    --
    Laws do not persuade just because they threaten. --Seneca
  249. You're looking at the wrong target by Anonymous Coward · · Score: 0

    Actually you're all looking at the wrong target; the media or the hardware. Tie the key to the person; everything that person buys or owns is tagged with that key. Any two identically keyed items can interoperate; a cd you burn will work in any cd player you own, etc.

  250. Good DRM or DMCA? by Decimus_Brutus · · Score: 1

    In a free and open society, artists would be free to use any means necessary to protect their content - and consumers would be free to use any means necessary to crack the shit out them. If the consumer knows exactly what they're getting when they purchase a DRM-enabled device or protected content (e.g. no hidden rootkits please) then DRM is just an enabling technology - it allows a willing buyer to purchase a commodity from a willing seller. If the sets the price too high, or makes the constraints to burdensome, then the technology will die. To those who have a knee-jerk reaction to dump on DRM I ask the following: do you prefer the current system, where private corporations can influence the FBI to - using your own tax dollars - bust you for exercising your right to free speech? My opinion: if you don't want me copying your songs, then either build some real DRM, or don't sell it to me in the first place. It should be the media provider's responsibility to protect their shit, not the government.

  251. Toss the bathwater, but keep the baby. by name*censored* · · Score: 1
    silly troll, it's called "capitalism". Like it or not, our societ(y/ies) work on the basis that people are rewarded for work/contributing to society, and the more you contribute the more you're rewarded. Granted, ideas are for the most part more heavily rewarded than they should be, and there is a LOT of disproportion in general regarding how much some types of work is worth versus others, but unfortunately it's the best system we have.

    Progress in a capitalist society happens precisely when people DO profit from their ideas, since otherwise they wouldn't bother trying to develop them. And no, there is no real moral reason why you should profit for something that's essentially free (ignoring production/development/other costs), but try saying to every artist/scientist/inventor/programmer/hollywood-typ e in the world "hey, how about you do the same thing you do now, but we won't pay you for it!". The law DOES recognise that ideas need encouragement, and that's why we still have the patent office/IP protection (although this, like modern capitalism, is a bastion of corruption and injustice favouring the powerful).
    --
    Commodore64_love: I don't comprehend people who're so frightened of death that they'll bankrupt themselves to stay alive
    1. Re:Toss the bathwater, but keep the baby. by Anonymous Coward · · Score: 0

      silly troll, it's called "capitalism". Like it or not, our societ(y/ies) work on the basis that people are rewarded for work/contributing to society, and the more you contribute the more you're rewarded. Granted, ideas are for the most part more heavily rewarded than they should be, and there is a LOT of disproportion in general regarding how much some types of work is worth versus others, but unfortunately it's the best system we have.

      Progress in a capitalist society happens precisely when people DO profit from their ideas, since otherwise they wouldn't bother trying to develop them. And no, there is no real moral reason why you should profit for something that's essentially free (ignoring production/development/other costs), but try saying to every artist/scientist/inventor/programmer/hollywood-typ e in the world "hey, how about you do the same thing you do now, but we won't pay you for it!". The law DOES recognise that ideas need encouragement, and that's why we still have the patent office/IP protection (although this, like modern capitalism, is a bastion of corruption and injustice favouring the powerful).

      Nope. You're wrong. Capitalism is all about giving you the freedom to try virtually enterprise to make a living. Capitalism is NOT an entitlement to make money off your "good idea". Capitalism, in its purest form allows you to make money in any way possible. (Yes, this includes ripping off someone else's idea and making money doing it.) Obviously some limitations have to be set for capitalism to work, but that does not include a "right to make money." Having your idea protected for a limited time to allow you to make money with it is a privilege not a right. And that is what nearly everyone has forgotten.
    2. Re:Toss the bathwater, but keep the baby. by mpe · · Score: 1

      Obviously some limitations have to be set for capitalism to work, but that does not include a "right to make money." Having your idea protected for a limited time to allow you to make money with it is a privilege not a right. And that is what nearly everyone has forgotten.

      Even having that privilege is not a "right to make money". There may be little or no money to be made from that idea.
      The idea behind copyrights and patents is that the possibility of financial rewards encourages people to publish their ideas. The other thing which appears to have been forgotten is that monopolys are harmful to capitalism. It's only in the short term that copyrights (and patents) may be able to do more good than harm. (With this period if time most likely having decreased as communications have improved. It might well have taken years to sell a book worldwide in the 18th century, it certainly dosn't now.)

    3. Re:Toss the bathwater, but keep the baby. by Bert64 · · Score: 1

      As you say, the system is completely corrupt and favours those already powerfull. The use of government powers to artificially inflate prices is very much anti-capitalist, infact it's closer to fascism. Under a true capitalist system, there would be nothing to stop a third party coming along and producing cheaper copies of a work, thus driving prices down.
      If you can't produce content which is cost effective, then your business model is flawed and you deserve to go bankrupt. Actors earn far too much anyway, and most of them could go into theatre where they could easily compete on quality and price with other theatres.
      If you paid your actors less, and used more computer generated effects than expensive stunts you could produce movies a _LOT_ cheaper. And people would still do it, aside from the few rich con-artist actors, there are thousands of actors often more talented who make a lot less money already. Many people would produce movies at a loss because it would serve to increase their level of fame, as fame can bring many other opportunities. And with lower prices and competitive distribution, lots more people would see those movies.
      You could also distribute your movie in cinemas or on television before making them available on hard copy media. This would also create disincentive to stagger the releases, in this world of global communication foreign websites and friends of mine in other countries often ruin the plot of a movie because it's not on show here yet.
      Infact, a lot of movies already cover their production costs and generate a profit purely from cinema showings, any dvd sales are 99.5% profit.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    4. Re:Toss the bathwater, but keep the baby. by name*censored* · · Score: 1
      In theory, yes, but unfortunately, we live here in the REAL WORLD, where nothing works like it's supposed to. And yes, yes it is a privelege - I don't recall ever denying that fact. It doesn't cancel out the fact that without good reason, very few people would bother developing their ideas, and that system of reward is the one we have now. As much as I am all for chaining up every single creative-type worker and whipping them for not meeting their idea-quota [/sarcasm], rewarding people for ideas seems to work (or at least it used to, before big corporations started bastardising the system). Without the PRIVILEGE of patents, noone would come up with ideas. It's not a perfect system by any measure, but we don't have anything better.

      PS.
      the freedom to try virtually enterprise to make a living.
      "virtually enterprise", That doesn't make any sense, did you mean "try virtually ANYTHING", or "virtual enterprise" (which still wouldn't make sense)?
      --
      Commodore64_love: I don't comprehend people who're so frightened of death that they'll bankrupt themselves to stay alive
    5. Re:Toss the bathwater, but keep the baby. by Anonymous Coward · · Score: 0

      In theory, yes, but unfortunately, we live here in the REAL WORLD, where nothing works like it's supposed to. And yes, yes it is a privelege - I don't recall ever denying that fact. It doesn't cancel out the fact that without good reason, very few people would bother developing their ideas, and that system of reward is the one we have now. As much as I am all for chaining up every single creative-type worker and whipping them for not meeting their idea-quota [/sarcasm], rewarding people for ideas seems to work (or at least it used to, before big corporations started bastardising the system). Without the PRIVILEGE of patents, noone would come up with ideas. It's not a perfect system by any measure, but we don't have anything better. Given the fact that you were responding to - and by all appearances disagreeing with - a post (which, BTW, got unfairly modded "troll", and no it wasn't my post) that pretty much was just stating that you are not entitled to profit off your idea, it does seem that you were denying that profit is a privilege not a right. And while I do agree that hard work (whether mental or physical) should be appropriately rewarded, it seems that most of the IP controversy right now is over entertainment IP rather than what might be considered truly beneficial IP (ie. scientific developments). And therein lies the rub. We all know that basically anyone is capable of performing some type of entertainment, so not only is entertainment vastly over-paid at the moment, the price is artificially increased, and worse it's not even the artists that benefit!

      PS.

      "virtually enterprise", That doesn't make any sense, did you mean "try virtually ANYTHING", or "virtual enterprise" (which still wouldn't make sense)? It was supposed to read "virtually any enterprise". Perhaps that makes a bit more sense to you?
    6. Re:Toss the bathwater, but keep the baby. by name*censored* · · Score: 1

      Oh thanks for that, I wasn't trying to be pedantic - I really didn't know what GP meant.

      --
      Commodore64_love: I don't comprehend people who're so frightened of death that they'll bankrupt themselves to stay alive
  252. DRM is Illegal by Quzak · · Score: 1

    No, DRM is illegal. It attempts to bypass the consumers RIGHT to produce a backup of their investment. The copyright law provides a clause that states quite plainly that consumers are allowed to make one (1) backup for personal useage and that the backup must be transfered or destroyed if the original is sold, traded or given away.

    Everyone has forgotten that the companies and service providers SERVE the consumer, not the other way around.

    --
    Support your local school shooter, give them your firearms.
  253. I don't like to be forced to trust someone by polemistes · · Score: 1
    It seems most people's concern is that DRM restricts how they can use content.

    I'm surprised that so few have pointed out that to play DRMed media on a computer, you have to use closed source programs, programs that make it impossible to know what they actually do. We know that the programs let us watch the movie, but we don't know, and can never know if they do something else as well. Like making a log of all our computer activities. Who knows? We don't.

    I know, this applies to any closed source program, but DRM is different, since it's a very effective way of forcing people to give up their control of their computers, their choice of software and their privacy.

  254. Clarification: by zippthorne · · Score: 1

    The "glimpses" won't be whole songs. They'll be highlights, like a movie trailer. Designed to get you into the stadium. Artists and promoters will WANT it to stay out there.

    Casual fans of Timberlake will buy the CD and not pay any particular attention to his concert schedule. They might buy tickets, but they won't put any effort into knowing his schedule. The CD is enough for them. They aren't specifically avoiding the concert they're just not aware it might be in town. If they can't get a CD, they might pay more attention to the concert schedule. Just like you or I might go to the movie theater when a film comes out rather than wait for the disk.

    --
    Can you be Even More Awesome?!
  255. I think they should be scared of making DRM work.. by Joce640k · · Score: 1

    I think they should be scared of making DRM work properly.

    If they really, truly got DRM working then they might find they have a whole bunch of people who don't listen to their music any more, but go looking for "free" stuff instead. Once people start figuring out that there's music outside of MTV then the RIAA could be in even bigger trouble than it is now.

    --
    No sig today...
  256. Re:Exactly. Should your car refuse to go over 55mp by Anonymous Coward · · Score: 0

    Actually, it would make more sense for your car to be capped at 55 MPH than to have DRM on DVDs. After all, excessive speed with an automobile can cause serious injury and even death. Lack of DRM? Uh.. yeah, the perceived potential loss of some small profit for the wealthiest industries in the world is something we just can't have. Of course.

  257. Forgot the Creation of derivate works? by eiapoce · · Score: 1

    I would rule out DRM in case it does not allow the creation of derivate works! To me being unable to create derivate works is a limitation of freedom to speak. Enrico

  258. Re:Disney Extension doesn't work quite that way by mpe · · Score: 1

    *I admit my anti-copyright bias, but I don't think this is unfair. If you want your work to be protected, you should have to put a notice of copyright within the work, as under the old system. And you should have up to a year or so to decide you want to do that (to prevent people copying your expression.) Beyond that, it's public - period.

    You might also want to make copyright libraries workable again. e.g. In order to claim any copyright you must deposit a "plain text" copy in all such libraries clearly labled with the date the work becomes public domain. Acceptable formats, media and labling to be decided by the relevent librarians.

  259. Problems with speed limiters by Anonymous Coward · · Score: 0

    What about the emergency services?
    The forces?
    They need occasionally to break the speed limit.

    So now we either have to have two radically different engines (so what stops someone "sourcing" a non-limited engine" or we have a limiter that is tacked on (and can be removed, so what's to stop bad people breaking the limiter).

    In either case, you really don't have an option.

    Rental cars and fleet cars that you don't own can use limiters because the owner wants it limited. With personally owned cars, you need the aquiesence of the owner to get this to work. So you'll only stop the law abiding from breaking the law.

    And then you need to make sure that the limiter doesn't affect normal usage (if it breaks on the motorway and cuts your engine...).

  260. Re:Exactly. Should your car refuse to go over 55mp by mpe · · Score: 1

    As such, I should be allowed to watch a pirated movie in my basement just as if I decide to drive 80mph in a 55mph zone. I'm succeptible to the consequences, of course. However, my car does not shut down when I speed, and so why should my DVD player shut down when it "thinks" I'm doing something illegal?

    It would be possible to make a car which did shut down. But fortunatly most people realise that cars which randomly shut down are more dangerous than those capable of exceeding some arbitary speed limit.

  261. no such DRM by yacc143 · · Score: 1

    The problem is that such a system is most certainly not workable.

    I include the right to play content with free software, for that I have source code and that I can customize for my needs.

    Now any software that can access the data raw, by definition can break any DRM.

    So basically, yes I'm all for it. Problem is, that such a thing does not exist.

    yacc

  262. DRM: A complex moral issue. by Anonymous Coward · · Score: 0

    DRM, as a technological attempt to create a power balance in favour of middle-men (e.g. the music publishing & distribution industry), is immoral, distasteful and wrong.

    Any power imbalance that is created WILL be exploited to drive profits for an industry that adds very little value for the consumer.

    Unless consumers actively fight for their rights, they WILL lose out financially.

    On the other hand, if consumers are able to act together and negotiate agressively, then DRM-like technologies just might create a new power balance: One that acts in favour of creative content creators & consumers; to the detriment of the middle-men.

    In such a situation, DRM (As a power manipulation technology) can protect the interests of the majority & provide a meritocratic framework for future growth.

    I.e. just as new peer-to-peer models for file distribution have arisen, so new peer-to-peer financing models could, in future, arise.

  263. Subject by Legion303 · · Score: 1

    An interesting thought experiment that will never be reality. DRM is about control, and no company will ever allow "legitimate" usage, since that's what they're trying to kill via DRM.

    I don't know if I'd support such a system. I do know that I support companies that decline to use things like DRM and copy protection (for instance, Bethesda's awesome TES4: Oblivion) if they're at the right price point (~$20-30 for games, ~$10 for CDs from bands like Harvey Danger and pretty much anyone distributing through CDBaby). Otherwise, the shit gets downloaded.

  264. This is a hypothetical question. Deal with it! by narve · · Score: 1

    It is probably impossible to design such a DRM scheme, but let us assume that: - You can copy/transfer/access your content whichever legal way you like. Assume a perfect system that enables you to do that, but that doesn't allow you to do anything illegal. If it is simpler, assume that the content is watermarked (in a secure, unbreakable way) so that you can do illegal things as well but they can be traced back to you. - To be allowed to sell DRM'ed stuff, a company's content must also be uploaded in un-encrypted form to a state-controlled agency (a sentralized, digital library) which will automatically release it in unencrypted form once the copyright expires. (Or rather, once you stop re-enforcing the copyright every year, just to release all "comercially dead" stuff If you can't answer a hypothetical question, just stay quiet -- don't attack the current DRM system (we all hate that). Given these assumptions, what then? My personal opinion, given this unlikely scenario, is that DRM is ok. Not perfect, and maybe not necessary, but still acceptable.

    --
    .asif
  265. No one is answering the question by lagerbottom · · Score: 1

    This is a problem with geeks in general, it's all digression all the time. Regardless of weather that is drm, or if it's even possible the submitter asked a straight forward question, and a good one at that. For me, in response to the actual question asked. I don't know. :) In all honesty I rarely buy content of any kind (and no I don't steal it, I just don't tend to consume things that would come with DRM). I would do what I did when considering DRM in it's current form...I'd read blogs, I'd listen to what people had to say, I'd read the contracts themselves and arrive at a decision.

    --
    "He was a wise man who invented beer." - Plato
  266. Detection rather than Prevention? by DaveHowe · · Score: 1

    Personally, I don't support DRM at all, in the context it is currently used (ie, technologies to restrict usage rights).
    What I do support is watermarking schemes, where a given file is permanently but non-intrusively "stained" with a unique licence number, which can then be traced back to its legal owner should copies of the file suddenly appear (for example) on emule.
    Having such a scheme in place could revolutionize the industry - give recording artists an outlet which doesn't require the big multimedia companies to take 90% of the purchase price and all of the copyright, and the pay to the artists themselves could easily double even if prices per-track dropped.

    --
    -=DaveHowe=-
  267. Asked the Wrong Question by Crash6-24 · · Score: 1

    "If they can get to to ask the wrong questions they don't have to worry about the answers." Why should a person be paid every time a created work is used? Shouldn't I be able to buy a right-to-use once and then re-use it forever without having to continue to pay the owner? But to do this would beggar lawyers and executors and other who live off the creations of others.

  268. DRM elevates copyright to state-secret level. yuk. by Dr.+Zowie · · Score: 1

    DRM is distasteful because it elevates corporate information to the level of classified state secrets. With the DMCA, for the first time it became illegal to investigate something that you own -- for example a DVD. Until the DMCA passed, if you owned a physical object you were allowed to investigate it, dissect it, and ultimately understand it completely subject only to the limits of your own equipment and understanding.

    After the DMCA, inquisitive people became criminals.

    That sucks.

  269. Is Murder Intrinsically Distasteful? by Haeleth · · Score: 1

    Would you oppose murder if we had the ability to raise the dead? Doubtless an interesting question, but not of any real relevance, because we don't have that ability.

    Would I oppose DRM if it didn't restrict any legitimate activities? An equally interesting question, but given that it seems to be as impossible as raising the dead...

  270. Nice hand, sir. by Mateo_LeFou · · Score: 1

    This is a great comment. Not to hijack, but this is an example of philosophy doing its job, which was the subject of this other post of mine

    --
    My turnips listen for the soft cry of your love
  271. DRM makes products less reliable by williambbertram · · Score: 1

    I'm an iTunes / iPod user. Not because I'm an Apple fanboy, but because that combo worked so easily and reliably in the beginning.

    Then my first iPod quit working for some reason, and I had to get a replacement. I sync'd the replacement, hopped on the eliptical machine, and none of my songs would play. Turns out I have to log into the iTunes store in order to activate the replacement. After that some songs play, some don't. It's been a hassle.

    My wife won an iPod at work, which we have connected to her laptop and out home PC. Now songs that she purchases on her laptop, then sync's with our home computer won't play on my iPod. I'm not sure if this is how it's supposed to work or not, but it's sure a pain in the ass and I have zero time / patience for iPod troubleshooting. The reason I bought it was because it was "plug and play".

    DRM, in my opinion, is just another consumer hostile device put in place by the entertainment industry to maximise profits. The entire industry obviously could care less how well their products work, how much people enjoy them, or whether they are perceived as "bad" people. They want our money, money, money bottom line and NOTHING else.

    So sure, I would buy more products with DRM IF THEY WORK WELL. As it stands now I have ripped all of my itunes to mp3, and will continue to do this with any DRM songs I buy. I'm also planning on purchasing a different mp3 player that allows me to manually copy my mp3's to the device with a file manager (no fancy sync mechanism that stops working).

    As a consumer, the only thing I want is to put songs (that I have paid for) on my mp3 player and have it play ALL of them EVERY time when I'm working out. Can the consumer hostile entertainment industry ever accomplish that? I doubt it.

  272. Have you tried asking by Mateo_LeFou · · Score: 1

    any of the millions of artists past and present who either did not or could not copyright their work?

    --
    My turnips listen for the soft cry of your love
  273. Poor, poor brother. by Mateo_LeFou · · Score: 1

    My brother is clinically insane. He just spent a year arranging his toenail clippings into a portrait of Christina Ricci.

    Alas: society, in the aggregate, does not consider my brother's efforts to be time *valuably spent, in the economic sense. Especially as he did this outside, and the clippings were soon scattered to the four winds.

    There is a principle at work here: you spend time doing what you think is valuable. Great. Enjoy. But when your work enters the marketplace, your assessment of its value means precisely dick. The relevant economic questions are:

    What is the next-cheapest substitute?
    Is the difference worth it?

    "If my brother spends a year writing a unique book, and you derive pleasure from reading it then you should compensate him."

    And I will. Send it over.

    --
    My turnips listen for the soft cry of your love
  274. add me by Mateo_LeFou · · Score: 1

    The hypothetical DRM you speak of would have a very interesting property: it would be aware of, and enforce *technically, any sort of agreement between the provider of the digits in question and the recipient. That, I think, is what perfect "digital rights management" would do, yes?

    Alas, I object, for a pretty simple reason: human beings should be free to break their promises. I don't mean that such people are "good" -- in fact I think that keeping to one's agreements is *the *essential question of character.

    A technical measure that makes it impossible to exercise this fundamental right to break promises (and, of course, accept the consequences of doing so) dehumanizes the parties thereto.

    --
    My turnips listen for the soft cry of your love
  275. Just say NO! by Anonymous Coward · · Score: 0

    There are situations where DRM is appropriate, such as protecting national or corporate IP and secrets. DRM is NOT appropriate for products one has purchased. IMHO, it is totally inappropriate to encumber a purchased product with anything that can prevent the legitimate use of the product by the purchaser/owner. If I buy a CD or DVD, I can resell it legitimately to someone else. I can play it on any suitable system I have access to. That DRM may, even inadvertently, prevent me from legitimate use is abhorrant to me. Sony has permanently lost any possible business from me for all time (until they apologize for their arrogance, stop all use of DRM in their consumer media products, and make proper restitution for the root-kit fiasco), and that includes going to the theater to view movies they have produced. I even sold my Sony Wega TV and purchased a competitor's.

  276. I disagree; that plan would backfire. by Grendel+Drago · · Score: 1

    I don't think it's the government's prerogative to refine "reasonable profit", except in the cases involving public utilities and the like, which are practically socialized in some ways. I much prefer limiting the time-frame in which profits can be made rather than limiting the amount of profit that can be made. If copyright lengths max out at 28 years even with renewal (and if you add a $1 fee to the renewal, which must be performed in the last two years of the initial copyright period, and only if the owner of the copyright owned it in the first two years, you discourage corporations from locking up never-profitable material Just Because), you don't really have the issues we have here.

    Problems with "absolutely obscene levels of profit" don't apply to creative works the same way they apply to pharmaceuticals, or to oil. If they're trying to gouge the public, the public can just wait a few years.

    But I still feel strongly that the whole thing idea that there should be a limit in profit instead of in time takes away from the whole incentive structure that's the basis of copyright. There's no compelling reason to institute a ceiling; I can't even see how it would help set lower prices for anything other than the highest-selling works. At worst, if the sales-cap was $10 million, they'd sell $9,999,999 worth of the work and then just refuse to sell or license it, locking it up for the rest of the copyright term; it would be worse than the system we have now. I suppose compulsory licensing could help with that problem, but the whole idea still has the issues listed above; it's a kludge, and there are better, less exploitable ways of achieving the same goal.

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:I disagree; that plan would backfire. by Bert64 · · Score: 1

      It wouldn't....
      Being greedy, they're more likely to gouge $9,999,999 as quickly as possible, and then lower their prices in order to continue making sales in a competitive market place. That way they make more money, having something locked up and not selling it is pointless for a company out to make profit. The profits realised from selling copies are still very high, simply due to the low costs involved, thats why third party groups selling copied digital media still make huge profits.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  277. Of course we're not answering the question. by Grendel+Drago · · Score: 1

    The question is based on a false premise; namely, that DRM is possible which can tell fair use from illicit copying. As innumerable other posters have pointed out, it's impossible by definition. It's like asking, "if I draw you a five-sided triangle in 2-D Euclidean geometry, can I fuck your sister?".

    Yes, Slashdot is populated by geeks, and yes, we're all digressing. We're doing this because we're not a bunch of suckers. The question is a trick; it's to get you to agree that some level of DRM is acceptable, when in reality, it's not. How much shit do I want smeared on my pizza? None. "Not even a little?" None. "Even if it's just a tiny bit?" None, goddamnit!

    DRM is surrendering ultimate control over your computer to someone else. That is unacceptable. Period.

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Of course we're not answering the question. by lagerbottom · · Score: 1

      "The question is a trick"

      ..And my wait continues.

      --
      "He was a wise man who invented beer." - Plato
  278. Are you not paying attention? by Grendel+Drago · · Score: 1

    Did you miss the part where I said no DRM is acceptable? Did you miss the part where a dozen other posters said the same thing? What exactly are you waiting for? A parade of tags?

    --
    Laws do not persuade just because they threaten. --Seneca
  279. Re:Exactly. Should your car refuse to go over 55mp by Anonymous Coward · · Score: 0
    It would be possible to make a car which did shut down. But fortunatly most people realise that cars which randomly shut down are more dangerous than those capable of exceeding some arbitary speed limit.

    OK -- let me change it slightly. Instead of shutting down, your car just can't accelerate after that point. You're topped off at, say, 55mph. This is entirely possible, and actually in use in some types of vehicles (e.g. a golf course may limit their golf carts to 5mph).

    Why do car manufacturers not ensure that all the cars they're selling in a particular country are configured to stop accelerating at the country's maximum speed limit?

    I think the answer to that question applies to the argument as to whether your dvd player should enforce DRM at the hardware level as well. In both cases, you're disabling the functionality of the product based on a perceived legal violation -- "perceived", of course, by inanimate machinery.

    I guess my point is: it shouldn't be entirely up to the devices themselves (be it a vehicle, a firearm, a dvd player) to determine if what you are doing with them is legal. The water is just too murky.

  280. I support dictatorship... by The+Raven · · Score: 1

    But only 'benevolent' dictatorship. As long as the person who wields unbounded power over the country is incorruptible, fair, and intelligent I fully support dictatorship as a viable government choice.

    Wait, what's that you say? Power corrupts, and that's assuming the person starts out honest to begin with? Most dictators are corrupt, unfair, stupid, or some mix of the three? Because dictators are just as fallible (if not more so) than the next person?

    Maybe giving absolute power to a single entity isn't the best choice, no matter how much that entity promises to be good. DRM takes away the users control over their computer, and gives it to the entity writing the DRM rules. That person, who has absolute power over the data that is put into the DRM, is inherently untrustworthy, and any fantasy you dream up about 'fair DRM use' is fiction, beginning to end. Individuals cannot be trusted with as much power as DRM hands them.

    The Raven

    --
    "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
  281. DRM - practically impossible by BeardedStranger · · Score: 1

    "If digital media was...subject to a DRM scheme that allowed full legitimate usage..." It isn't, and it isn't going to be. I want to be able to do everything with DRM protected content that I can do with a CD-ROM today: listen to it, copy it to my device, lend it to a friend, sell it on eBay when I get tired of it, donate it to a public library, and leave it to my children in my will. Until DRM does all of that, I want no part of it. I've never bought DRM protected media, and I don't plan to. [I do buy CD's and non-DRM tracks online.]