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DRM — It's Not Really About Piracy

shadowmage13 writes "Hollywood privately admits that DRM is not really about piracy. From the article: 'In a nutshell: DRM's sole purpose is to maximize revenues by minimizing your rights so that they can sell them back to you... Like all lies, there comes a point when the gig is up; the ruse is busted. For the movie studios, it's the moment they have to admit that it's not the piracy that worries them, but business models which don't squeeze every last cent out of customers.' You can take action on Digital Restrictions Management at DefectiveByDesign of the Free Software Foundation, Digital Freedom, and the Electronic Frontier Foundation."

360 comments

  1. It never was about piracy by packeteer · · Score: 4, Insightful

    It never was about piracy. It has always been about controling your customer. The industry knows that they dont lose nearly as much through piracy as they do by not controlling their consumers. Remember a consumer is a customer with no choice.

    --
    unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    1. Re:It never was about piracy by Kaydet81 · · Score: 0, Insightful

      Why is this news? Microsoft's been using this strategy for years...

    2. Re:It never was about piracy by Technician · · Score: 2, Insightful

      It has always been about controling your customer.

      The only problem is they over did it. Customers are looking for MP3's to play on a variety of devices such as flash players, DVD players, car stereos, and such.

      I've been calling DRM incompatible by design. The over doing the DRM has about cratered. all formats in digital music except MP3 and iTunes.

      --
      The truth shall set you free!
    3. Re:It never was about piracy by samkass · · Score: 1

      This article summary is incomplete, as the submitter forgot to take their obligatory pot-shot at Apple.

      I think it's pretty disingenuous to say that DRM isn't about piracy. The fact that it has other advantages for the industry down the road isn't going to matter a lot to a business that survives on quarter to quarter revenues. Of course it's about piracy! And the original Napster's popularity proved it's necessary for the current music industry's distribution model to succeed electronically. You can argue that DRM is thus about maintaining the current music industry's business model, but vague conspiracy theories about wanting control is giving too much credit to corporate forethought.

      --
      E pluribus unum
    4. Re:It never was about piracy by Anonymous Coward · · Score: 0

      Anyone who downloads anything without the artists consent is a thief.

      If you take something that does not belong to you, without permission, it is stealing. Fact

      Some where along the line things have got completely mixed up.
      Yes the industries make huge amounts of money, or at least they have done in the past.
      But they are also the people who invest and shoulder the burden of large financial losses.
      I know people at major labels, and it is a fact that there have been many redundancies in the record industrie, which is the first time in the history of the biz that this has happened, since the proliferation of downloads.

      It is a fact that piracy and illegal downloading decreases revenue, and it is this revenue that supports the industrie and the artists.

      I am a musician and most of my friends are musicians or producers etc., none of them live in L.A. with guitar shaped swimming pools, none of them drive ferarris, none of them have private jets, but many of them are very successful. and these days being successful does not equal wealth. so the often small amounts of money they generate through mcps or ppl is exceptionally important to support their families.

      And yes the industries have exploited the public for a long time, and things are changing for the better, but the does not justify not paying the artist for their years of dedication to producing the material that gets you out of bed and makes you smile on your way to your dismal job every day, I think that everyone should have a good long look at what they're trying to justify, and then shut the hell up.

      How would you feel if you went to work with the concern that you might not be paid what you're due, and that people would write blogs about how you're out of order for wanting to get paid.

      Artists (ie. musicians, actors & composers etc) are the ones who suffer if their products don't generate revenue.
      The heads of Record labels are no longer investing money in artists in the same way they used to.

      It is you the consumer/customer/never-bloody-satisfied-moaner who will suffer in the end because when there is no need to record music anymore maybe us musicians will just keep it to our selves.

      DRM is a necessity for sustaining artists wages, and the consumer has always had a choice, so don't blame others, if you're are not satisfied with a product or its price DON'T BUY IT, the industrie sets its prices by what people are prepared to pay, so it's your own fault at the end of the day.

    5. Re:It never was about piracy by aplusjimages · · Score: 4, Funny

      But Ben Affleck says the reason his movie Dare Devil or Gigli didn't make a lot of money is because of piracy. Piracy is bad for everyone from the actors (making millions) down to the guy who sells you popcorn at the movies (making hundreds). I for one say forget all those anti-DRM organizations and keep pirating these 2 great movies.

      --
      Can I bum a sig?
    6. Re:It never was about piracy by Raven42rac · · Score: 1

      I agree wholeheartedly. I'm really wary of upgrading to any of the new video/television technology complete with crippleware. What still annoys me is how we're allowed as consumers to make archival backup copies of things, but we can't break the DMCA to do so, yet these companies don't run afoul of the archival backup law. It's all about who has millions of dollars to donate to which campaign.

      --
      I hate sigs.
    7. Re:It never was about piracy by slaida1 · · Score: 1

      That much is clear. In practice I've been using the following system: buy any used or new audio record, tape/vinyl/disc, and thus have the right to listen the music regardless where I get it. Ok, I go get it from the internet. I have the media and I have the content, everybody's happy and to hell with any "degraded quality" or other such BS.

      --
      Preserve old classics: copy your collection onto all hard drives.
    8. Re:It never was about piracy by packeteer · · Score: 1

      If you take something that does not belong to you, without permission, it is stealing. Fact

      Yes but online pirates dont TAKE anything, they simply COPY something. Its a small difference i know but both are illegal, if you want to make the legal arguement you dont need to flat out accuse someone of something they didn't do. The actual illegality of downloading music is well established.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    9. Re:It never was about piracy by Odiumjunkie · · Score: 2, Insightful

      DRM is a necessity for sustaining artists wages, and the consumer has always had a choice, so don't blame others, if you're are not satisfied with a product or its price DON'T BUY IT, the industrie sets its prices by what people are prepared to pay, so it's your own fault at the end of the day.

      Something I don't understand about the pro-drm crowd... OK, even accepting logic that "getting something for free that others pay for" = "stealing", where the hell does DRM come into this equation?

      Accepting every argument that demonises file-sharing, p2p, Usenet binaries and other pirate goodness, DRM STILL

      * increases the price of the media for regular, law abiding consumers
      * restricts the ability of those same law abiding consumers from exercising legally protected fair use rights
      * forces law abiding customers into hardware lockins and restricts their ability to choose media platforms
      * makes data backup of legally purchased media more difficult/impossible
      * decreases massively the chance you can still use your legally purchased media in 5/10/15 years time

      and what does it do to thwart all the things that the pro-DRM camp complain about?

      * Stops pirates from stealing media?

      Seriously, this isn't too hard guys! It just doesn't work!. There are software companies that make high-end graphics and video editing suites that cost thousands of dollars to license, that protect their software with deeply complex and highly secure code, multiple layers of remote license validation and so forth, and you can still download cracked copies of the software from Usenet and bittorrent sites. If software companies, with [to use a little *IAA logic] thousands of dollars to lose per copy made can't protect their content, how do you think that music and movie companies that makes hundreds of thousands of copies of their products that have to be accessible/decodable on hundreds of different hardware platforms can possibly do it?

      It doesn't matter how you feel about pirates, DRM still doesn't make sense.

    10. Re:It never was about piracy by hesiod · · Score: 2, Funny

      > Anyone who downloads anything without the artists consent is a thief.

      Oh no!!! I downloaded some U2 songs off of iTunes without asking Bono's permission! IMA THEEF!!!

      Just kidding... U2 sucks, so I'd never download anything by them.

    11. Re:It never was about piracy by hesiod · · Score: 1

      While I agree with the basis of your post, I must point out that they aren't "running afoul" of the law by not making it simple to back up their media. The DMCA, of course, is a big pile of shit, as you pointed out.

    12. Re:It never was about piracy by Saint+Fnordius · · Score: 1

      In short, piracy lets you see that the movie is a waste of money before you go to the cinema. It's a sort of "be your own critic" thingy.

      All moot to me, anyways. I'm too busy reading Slashdot to watch films!

    13. Re:It never was about piracy by jacobsm · · Score: 1

      One of my favorite quotes fits this discussion quote well. The quote is from Robert A Heinlein's 1939 story "Life Line"

      There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest.

      This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.

    14. Re:It never was about piracy by seguso · · Score: 1
      Remember a consumer is a customer with no choice.

      What an incredibly unfair thing to say. The consumer can always choose not to buy.

    15. Re:It never was about piracy by Vitriol+Angst · · Score: 1

      So what, all the people fined or serving jail time -- this gets them an apology?

      "Sorry, we used the government police power to protect profits -- our bad."

      I never believed them in the first place, but it's less annoying to have to not have to pretend anymore. The dead giveaway was the "region codeing" bits. This is to prevent a Latin American encoded DVD from playing in America. A very similar model to the airline industry. A price for every type of buyer.

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    16. Re:It never was about piracy by Anonymous Coward · · Score: 0

      Bono has given his consent for people to buy his music from i-Tunes einstein!

    17. Re:It never was about piracy by hesiod · · Score: 1

      You need to work a bit more on that whole "reading" thing, it would make you look like less of a moron.

  2. Like Region Coding, Then by cyclomedia · · Score: 5, Interesting

    Because THAT worked wonders for release timing, content control and market restrictions, didn't it.*

    *Though having a decent TV that can handle PAL and NTSC helps, in the UK they're 6 bob a throw i can tell ye!

    --
    If you don't risk failure you don't risk success.
    1. Re:Like Region Coding, Then by arun_s · · Score: 5, Interesting

      When I look at the VHS examples of long back, and the more recent DVD-region-encoding failure, it just looks like one big, sad cycle repeating itself every generation or so.
      Even if we get over the current mess (Trusted Computing, RIAA etc), it looks like as if the big media dinosaurs will never really learn to adapt. Each time a new technology pops up that threatens their stable position, they panic immediately and create a huge fuss in trying to maintain the staus quo.
      If only they weren't so powerful already, they'd probably have died off by now; replaced by smarter, quicker companies that didn't have to be dragged kicking and screaming into the new world.

      --
      I can explain it for you, but I can't understand it for you.
    2. Re:Like Region Coding, Then by pipatron · · Score: 4, Funny

      in the UK they're 6 bob a throw i can tell ye!

      Care to translate?

      --
      c++; /* this makes c bigger but returns the old value */
    3. Re:Like Region Coding, Then by zakezuke · · Score: 1

      Because THAT worked wonders for release timing, content control and market restrictions, didn't it.*

      *Though having a decent TV that can handle PAL and NTSC helps, in the UK they're 6 bob a throw i can tell ye!


      Getting multisync TVs to be the norm would be nice, but I was under the impression that DVD players can be had for a low price which will output in pal or NTSC, or multi if you happened to have a TV which handled both. Not being in Europe, I was under the impression that pal VCRS were made to handle NTSC by slowing down from 30 FPS to 25, as opposed to the more complex system of telesync.

      --
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    4. Re:Like Region Coding, Then by melikamp · · Score: 2, Interesting

      Even if we get over the current mess (Trusted Computing, RIAA etc), it looks like as if the big media dinosaurs will never really learn to adapt.

      True, since that's their last stand. We finally have the tools at our possession which enable us to promote and distribute digital content cheaper and more effectively than any corporation possibly could. Once they loose this battle, they are gone for good; they are aware of that, and so they are squeezing every penny out of the established customer base.

    5. Re:Like Region Coding, Then by ettlz · · Score: 4, Informative

      Inexpensive.

    6. Re:Like Region Coding, Then by Dogtanian · · Score: 4, Informative

      Bob = informal name for a Shilling. Although no longer used (*) (since 1971, when British money went decimal), the shilling was worth 1/20 of a pound; that is, 5p in post-decimalisation money (**)

      So the original poster was claiming we can buy DVDs for £0.30; he was quite definitely being tongue-in-cheek, unless he meant blank ones :-)

      (*) Fascinating facts #1! Although the concept of a shilling disappeared in 1971, the one and two shilling coins remained in circulation until the early 1990s, as they were identical in size, composition and value to the new 5p and 10p coins. They disappeared when the 5 and 10p coins were reduced in size.
      (*) Fascinating facts #2!!!!! That was 12 old pennies (12d)... pre-decimalisation there were 240 pence in the pound. No, I don't remember any of this, I'm not that old :-)

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    7. Re:Like Region Coding, Then by Dogtanian · · Score: 1

      No, AFAIK most modern TVs can handle 30fps, 480-line video. I think it's possible to get the DVD player to crudely convert, but this isn't always necessary. Note that the output (AFAIK) is still PAL colour-encoded; that is, the players output 30fps, 480-line PAL, not "true" NTSC.

      --
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    8. Re:Like Region Coding, Then by 91degrees · · Score: 1

      I was under the impression that pal VCRS were made to handle NTSC by slowing down from 30 FPS to 25,

      Mine just outputs at 30FPS (or 60 fields per second). Most European TVs seem to be able to handle PAL60 at least. In fact, most reasonable quality ones can handle an NTSC signal. Not sure if there's a difference between these formats if we use RGB.

      None of them do a simple speed-up. This would be extremely noticable. The only speed up is the 4% needed to go from Film's 24fps to PAL's 25fps. My previous DVD player did convert but not very well. I think it just dumped every 6th frame. It was visibly jerky. I'm sure some do a reverse 3:2 pulldown, but it's not really needed.

    9. Re:Like Region Coding, Then by somersault · · Score: 2, Interesting

      Once the main distribution method is streaming off the net, then they hopefully will calm down, as the only things that will change are file formats..

      --
      which is totally what she said
    10. Re:Like Region Coding, Then by cyclomedia · · Score: 1

      actually, the other translation was more correct, i was just having an uncontrolled yorkshireman moment, it happens

      --
      If you don't risk failure you don't risk success.
    11. Re:Like Region Coding, Then by jrumney · · Score: 4, Informative

      I was under the impression that pal VCRS were made to handle NTSC by slowing down from 30 FPS to 25

      No, they just convert the colour representation to PAL and output a PAL signal at 30fps. Older TVs (and some newer cheap 14" and smaller TVs) are simple enough that this just works (with a black band top and bottom due to fewer lines on the screen) and newer TVs are designed for it, adjusting their vertical scan to fit the picture on the screen perfectly.

      Pretty much all PAL DVD players will output either PAL60 or NTSC if you put an NTSC disc in (modulo region coding issues), and all but the cheapest PAL TVs these days will handle both.

    12. Re:Like Region Coding, Then by $RANDOMLUSER · · Score: 3, Funny
      having an uncontrolled yorkshireman moment
      Care to translate?
      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    13. Re:Like Region Coding, Then by aussie_a · · Score: 1

      It did, yes. At least with games.

    14. Re:Like Region Coding, Then by Fred_A · · Score: 3, Insightful
      Once they loose this battle, they are gone for good; they are aware of that, and so they are squeezing every penny out of the established customer base.
      They won't necessarily disappear. However they will be forced to adapt and therefore to change. And nobody likes to change, especially for something that hasn't been tried before and might prove to be expensive for an unknown return.

      Something like the big studios are useful because they have the financial backing for large scale projects (in movies mostly, it's less necessary in music unless you have to heavily market something inherently worthless). If they were to die it would be problematic for that industry. The high budget films would be starved for funding. This could well translate into a decrease in quality and originality as only "safe" films would be produced.
      --

      May contain traces of nut.
      Made from the freshest electrons.
    15. Re:Like Region Coding, Then by mwvdlee · · Score: 2, Insightful

      When will the MAFFIAAA learn that if you offer people what they want, they will buy it.

      This same applies to region coding. The content is there, people want it, but they can't legally get it... guess what happens next.

      Offer them restricted media, and they'll just download and create their own unrestricted media. Offer them unrestricted media, and most people won't bother to download; they'd buy. If movie studios offered new movies for download for, say, US$ 5, who would wait for his friend to download and copy it and who would just buy it themself? I'd certainly spend more on movies in a year than I do now.

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    16. Re:Like Region Coding, Then by ettlz · · Score: 1
      having an uncontrolled yorkshireman moment
      Care to translate?
      http://youtube.com/watch?v=_CTIYP_DS38
    17. Re:Like Region Coding, Then by jimicus · · Score: 1

      Once they loose this battle, they are gone for good; they are aware of that, and so they are squeezing every penny out of the established customer base.

      They seemed fairly sure of this back when they were arguing the Sony/Betamax case.

    18. Re:Like Region Coding, Then by Anonymous Coward · · Score: 0

      Could you dumb it down a notch?

    19. Re:Like Region Coding, Then by ettlz · · Score: 4, Funny
      Could you dumb it down a notch?
      Six bob a throw.
    20. Re:Like Region Coding, Then by geminidomino · · Score: 1

      If they were to die it would be problematic for that industry. The high budget films would be starved for funding. This could well translate into a decrease in fancy explosions,CGI, and "bullet time" effects as only "safe" films would be produced.

      Fixed. There's very little of 'quality' and 'originality' in movies today as is, and the MAFIAA's not dead yet. (It's just lightly stunned.)

    21. Re:Like Region Coding, Then by PopeRatzo · · Score: 2, Insightful
      Each time a new technology pops up that threatens their stable position, they panic immediately and create a huge fuss in trying to maintain the staus quo.

      You hit the ol' nail, Arun. And the only reason they haven't yet fully succeeded is because of people like us who fight a constant running battle with them.
      --
      You are welcome on my lawn.
    22. Re:Like Region Coding, Then by Bloke+down+the+pub · · Score: 1

      We used to dream of having an uncontrolled yorkshireman moment.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    23. Re:Like Region Coding, Then by advocate_one · · Score: 0, Redundant

      cheap at twice the price

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    24. Re:Like Region Coding, Then by IdolizingStewie · · Score: 2, Funny

      You say that like large explosions are a bad thing. Who are you, and what have you done with your inner pyro?

    25. Re:Like Region Coding, Then by Secrity · · Score: 1

      Christ, am I glad the US didn't adopt that monetary system; we'd still be using it.

      The US still has kids who can't figure out that there are 12 inches in a foot, 128 ounces in a gallon, and why a meter can't just be 40 inches long. One still commonly used British measuring unit that I find interesting is the stone, pity that it never caught on in the US (1 stone = 14 pounds = 6.35 kilograms).

    26. Re:Like Region Coding, Then by cyclomedia · · Score: 1

      yeah AFAIK it's easier for a PAL TV to support NTSC than the other way around. The picture usually looks stretched due to the difference in the analogue signal timing but if you have a TV that has a 16:9 letterbox mode you can use that to squash the picture back down to something a bit more palettable, though probably not 4:3 either.

      Works for me playing import games on my PS1 too and i doubt that does any conversion, so i suspect that the DVD players i've used this way simply output a 50Hz (PAL at 2x25) or 60Hz (NTSC @ (5*24)/2) signal depending on the mode, indeed the good ole Amiga could be easily switched betwix t' modes wi' nary a trouble

      --
      If you don't risk failure you don't risk success.
    27. Re:Like Region Coding, Then by 313373_bot · · Score: 0

      Just an observation: there are two separate problems here: region coding and tv standard. They are frequently together, and both can be used to restrict distribution. Concerning the first, there was some hope that region coding would be dropped from hi def formats, but it looks like both HD DVD http://en.wikipedia.org/wiki/HD_DVD#Digital_Rights _Management and BD http://en.wikipedia.org/wiki/Blu-ray_Disc#Region_c odes are keeping the cursed thing (and if they could, they would certainly forbid import/export of media and players too). The second problem, tv standard, is easily circumventable (a mere transcoder, in software or hardware), *provided* you could work with the decrypted signal (no you can't, thanks DMCA!).

      --
      ^[:q!
    28. Re:Like Region Coding, Then by andyh3930 · · Score: 1

      To be exact 30pence (GBP 0.30). Bob was a slang name for a shilling, which after decimalisation http://en.wikipedia.org/wiki/Decimal_Day in 1971 a shilling became 5 pence and 'a throw' each

    29. Re:Like Region Coding, Then by 91degrees · · Score: 2, Funny
      in the UK they're 6 bob a throw i can tell ye!
      Care to translate?

      Okay.

      "'Ere in blighty a bloke can get 'em for 6 bob a time"
    30. Re:Like Region Coding, Then by Total_Wimp · · Score: 4, Interesting

      This is insightful. In addition to the big funding, quality at the user level is also an issue. The 19 inch boxes in many home sjust wont cut it for a movie with a grand vision. Lots of people can't afford nice home theater setups, but they can spend 10 bucks to see a movie at the local cineplex. As soon as a viewing venue with limited supply comes into play(the movie theater) then distribution becomes an issue.

      Though it's true that wide distribution over the internet could theoretically drive movie theaters to show an idie film, the actual practice is that distribution is difficult, even if you assume theaters are open to talking with anyone (not likely). Even if an indie film made enough money in home distribution to give theaters reason to believe they'd have a good audience, proper negotiation channels just don't exist between an indie film maker and the massive number of theaters in the country, or world even. The indie film has to partner with someone big enough to ensure the film will get a wide release.

      The internet doesn't help in this environment. With such an important distribution channel locked up tight by the big guys, the movie maker who decides to avoid the big companies will miss out on about half of his revenue stream. Considering how hard it is for movies to make money (most films are not "Star Wars"), this kind of a loss is a real problem.

      Music is a little different because bands control performances and the internet is a perfect distribution channel that doesn't require a big label. But how will people know the band exists and that new music is available? How are people going to find out what this new band sounds like? Podcasts exist now, and internet radio over wireless is at least a possibility, but which ones are the big podcasts or internet radio stations that large numbers of people listen to?

      If you want to reach an audience larger than the neighborhood bars, you need your music to be heard by large numbers of people. Although that can happen virally, viral word of mouth only works for a small number of bands and songs at a time and only really works at all for people who have buddies who like to pester them about music. If you want to get the word out about your band, you have to go to an outlet that's popular enough that lots of people will listen to it. Whatever outlet becomes becomes most popular becomes a bottleneck. Whenever a bottleneck exists, large companies are going to try to, and will usually succeed in controlling it, just like they do with radio stations now.

      Once again, a band certainly could go it alone, and I applaud those that do, but not being able to get that large listening audience is going to keep most small bands small. It will mean that labels will be able to continue to offer a very compelling service, for a very steep price, if a band wants to hit it big.

      As long as you have scarcity and revenue, you'll have big companies trying, and largely succeeding, in controlling the two. I think indies can become much larger than they are now thanks to the internet, but it's highly unlikely they'll become the dominant source of entertainment.

      TW

    31. Re:Like Region Coding, Then by geminidomino · · Score: 1

      That's my inner pyro talking...

      It's better to make your own e.xplosions than pay those Hollywood losers to show you a fake one

    32. Re:Like Region Coding, Then by byolinux · · Score: 1

      Leeds, here. And you?

    33. Re:Like Region Coding, Then by Kirth · · Score: 1

      Fascinating Facts #3: Incidentally, this system was used through the whole middle ages, through whole europe. In germany it was 240 Pfennig = 20 Schilling = 1 Pfund (Silver, that is).

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    34. Re:Like Region Coding, Then by KoldKompress · · Score: 5, Funny

      This is almost like Region coded Slashdot..

    35. Re:Like Region Coding, Then by mikael · · Score: 1

      So the original poster was claiming we can buy DVDs for £0.30; he was quite definitely being tongue-in-cheek, unless he meant blank ones :-)


      If you buy a Sunday paper in the UK, you will often get a "free movie" on DVD (in the past these have included titles like Highlander, Chicago, Clockwise, , etc...), or the pilot episode of a series (On the Buses, Carry On ...). I've got a whole stack of DVD's/albums/ collected in this way.

      --
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    36. Re:Like Region Coding, Then by Anonymous Coward · · Score: 0

      Actually, I have a scale that reads in stones. Love it. Confuses the heck out of everybody. Got it at an auction here in the US of A.

    37. Re:Like Region Coding, Then by protein+folder · · Score: 2, Funny

      English, Motherfucker! Do you speak it?!!

      --
      Your mind is squeezed by a blast of pain!
    38. Re:Like Region Coding, Then by LunaticTippy · · Score: 1

      Can't speak html either.

      --
      Man, you really need that seminar!
    39. Re:Like Region Coding, Then by Anonymous Coward · · Score: 0
      So the original poster was claiming we can buy DVDs for £0.30;
      No, read that again:

      *Though having a decent TV that can handle PAL and NTSC helps, in the UK they're 6 bob a throw i can tell ye!
    40. Re:Like Region Coding, Then by Troy+Baer · · Score: 1
      Something like the big studios are useful because they have the financial backing for large scale projects (in movies mostly, it's less necessary in music unless you have to heavily market something inherently worthless). If they were to die it would be problematic for that industry. The high budget films would be starved for funding. This could well translate into a decrease in quality and originality as only "safe" films would be produced.
      (Emphasis mine.)

      And this would be different from the last 3-4 years of film releases how?

      --
      "My life's work has been to prompt others... and be forgotten." --Cyrano de Bergerac
    41. Re:Like Region Coding, Then by IdolizingStewie · · Score: 1

      Lucky people who don't live in places where a mere string of firecrackers will get you in trouble with the law. /me sulks off

  3. In other news... by AxminsterLeuven · · Score: 5, Funny

    ... "Tobacco industry privately admits smoking actually not very healthy at all."

    1. Re:In other news... by TheThiefMaster · · Score: 1

      Didn't they actually pretend it had health benefits at some point in the past?

      Or am I thinking of some other body-destroying drug?

    2. Re:In other news... by pipatron · · Score: 1

      You're thinking of alcohol and marijuana.

      --
      c++; /* this makes c bigger but returns the old value */
    3. Re:In other news... by Fusen · · Score: 1

      Yes, including their "every doctor smokes" posters

    4. Re:In other news... by NekSnappa · · Score: 1

      I use to have an audio cassette of the whole half hour Abbot & Costello radio show with the original "Who's on First" routine. The show was originally sponsored by Camel, and they actually had a commercial break that stated that "9 out of 10 doctors prefer Camel." Now I've only got the TV show that was sponsored by some soap mfr. not nearly as interesting.

      --
      I want to shoot the messenger!
    5. Re:In other news... by matria · · Score: 1

      I remember TV commercials with a guy in a white coat, a stethoscope around his neck, a pointer in hand, and a board with some kind of graph, pointing out on the graph how brand x of cigarettes lowered blood pressure by more percentage points than brand y. At the time, I was being hospitalized regularly for asthma, until I came very close to dying and my parents finally quit smoking.

      Back in 1966 I was doing research for a high school English term paper on advertising. Then I found out that a few years earlier, the tobacco industry had spent $2,000,000 on advertising, which in those days was astronomical. So I ended up doing my paper on tobacco and the tobacco industry. I got an A+ on the paper, and my English teacher quite smoking...for a month.

  4. RTFA? by Cheesey · · Score: 5, Insightful

    "Hollywood privately admits that DRM is not really about piracy. From the article:

    I just read the article - there is no cited evidence that anyone from Hollywood has ever said this. It may be true, yes, and I agree with the conclusions of the article itself, but this isn't some sort of sensational scoop.

    MPAA executives have never admitted that piracy isn't the motivation for DRM. The current generation will never admit that: piracy is their excuse and they will stick to it. DRM is part of their business model and it won't go anywhere until it results in a shareholder-awakening loss of money.

    If people prefer to pirate stuff, that means the DRM is not restrictive enough to stop them. That is the only thing they'll ever tell you, and the only thing you'll hear from the media outlets that they own.

    --
    >north
    You're an immobile computer, remember?
    1. Re:RTFA? by Professor_UNIX · · Score: 4, Interesting
      MPAA executives have never admitted that piracy isn't the motivation for DRM. The current generation will never admit that: piracy is their excuse and they will stick to it. DRM is part of their business model and it won't go anywhere until it results in a shareholder-awakening loss of money.
      I'm less concerned with piracy and more concerned with the death of the used movie and music market. With DRM, how am I supposed to resell music that I've purchased to the local place that used to buy my used CDs when I was sick of them? How do I sell my DVDs when I'm tired of watching that movie? I've paid either nearly full or even full price for the movie or music, yet I've lost the right to resell the content in the secondary market? Will the studio or record company unlock that content from its DRM chains so that I can resell it upon request?
    2. Re:RTFA? by richie2000 · · Score: 4, Informative

      MPAA executives have never admitted that piracy isn't the motivation for DRM. "DRMs' primary role is not about keeping copyrighted content off P2P networks. DRMs support an orderly market for facilitating efficient economic transactions between content producers and content consumers."
      Dan Glickman, Motion Picture Association of America
      --
      Money for nothing, pix for free
    3. Re:RTFA? by heroofhyr · · Score: 5, Informative

      MPAA executives have never admitted that piracy isn't the motivation for DRM. From an interview with the Vice President of Technology at Universal Pictures, Jerry Pierce:

      Different studios have different philosophies in this area. It is our view that we have to provide customers a rich experience so they can do what they want to do within their home. We don't expect them to make copies of HD DVDs for their friends. And we don't think customers want to do that either. So, DRM needs to give them some restrictions beyond what both the customer and we believe are the proper usage rules. That's what we need to achieve. DRMs enable business models, they don't stop piracy. And we want to make sure that we have a rich one without making it so easy so that you can violate what we agreed on when you purchased a movie. The full interview is here.

      Here is a quote from another interview with Fritz Attaway, an MPAA exec:

      Consumers should have a choice to either own a copy of a movie for multiple viewing, or to just view it one time for a much lower price. And movie companies want to provide that choice, and many more. But without DRM, every transaction would have to be priced as a sale, not just of one copy but of many copies, in order to account for unrestrained copying...

      With regard to your comment that many DRM technologies can be circumvented by commercial pirates, you are correct, but DRM is not intended to prevent commercial piracy. It is intended to insure that most consumers will keep the deal they make with movie distributors. Like the lock on your door, they are not a guarantee against theft, but they "keep honest people honest." The source of that interview is here.
      --
      brandelf: invalid ELF type 'KEEBLER'
    4. Re:RTFA? by Technician · · Score: 4, Informative

      DRM is part of their business model and it won't go anywhere until it results in a shareholder-awakening loss of money.


      You mean like the leak that sprung up with emusic? Bands that are anit-DRM and tired of being ripped off by the RIAA are starting to go inde. Bare Naked Ladies and others have jumped ship. I wonder how far the bands and consumers will migrate away from the RIAA cartel?

      DRM is incompatible with so much stuff, many items are still born. The DAT is a good example. Vista and Blu-Ray may be the next still born. Blue-Ray may be limited to just a few SONY titles and games for the Playstation. It's going to be too much incompatiblily to work on Vista as not enough people are going to spring for all the trusted DRM hardware to make it work. That nice high res monitor and sound system you have are incompatible with the DRM requirements. I have serious doubts the Blu-Ray and HD DVD format war will be won by either. Plain old DVD's will win this one by a landslide. They just work in the computer, in DVD players with your TV set, and portable DVD players.

      HD stuff and it's DRM simply won't work in most hardware due to the lack of a full secure digital signal path all the way to the display. The wrong monitor or video card or bad combination will keep the adoption rate very low for a long time. Maybe it will sell as well as the DAT.

      --
      The truth shall set you free!
    5. Re:RTFA? by Wooloomooloo · · Score: 1

      Studios and record companies would very much prefer that everyone paid full price for content, I guess.

    6. Re:RTFA? by Steve525 · · Score: 1

      But without DRM, every transaction would have to be priced as a sale, not just of one copy but of many copies, in order to account for unrestrained copying...

      You know, I agree, and I have no problem with DRM when I am only paying for a rental. However, DVD's and iTunes prices aren't rental prices.

      Thanks for the link to the interview. Although, like most discussions I've seen on the subject, the two sides (and, in particular, the MPAA representative) aren't really listening to the other. Instead they just keep repeating the same things.

    7. Re:RTFA? by itlurksbeneath · · Score: 1

      Blatherskite.

      That would all be well and good if that's what they actually did (speaking to Fritz's comments), but when I go to a store and actually BUY (not rent) a CD, I expect my "contract" with the producers to be able to allow me to use that CD in any way I deem (short of ripping/burning a copy and giving it to my brother or something). If I want to play it in my car, I should be able to. If I want to rip the music onto my HTPC, I should be able to. But, when I buy a DRM'd CD that won't even play in my car (and there was no indication on the CD that you couldn't use it while driving or something), somebody's crossed the line and limited my rights as a legal consumer.

      --
      Have you ever considered piracy? You'd make a wonderful Dread Pirate Roberts.
    8. Re:RTFA? by Cheesey · · Score: 1

      Well, I stand corrected :).

      The message they give out to the public is normally "agh, pirates are stealing our stuff, we need DRM to stop them", which is misleading.

      --
      >north
      You're an immobile computer, remember?
    9. Re:RTFA? by Anonymous Coward · · Score: 0
      I'm less concerned with piracy and more concerned with the death of the used movie and music market. With DRM, how am I supposed to resell music that I've purchased to the local place that used to buy my used CDs when I was sick of them? How do I sell my DVDs when I'm tired of watching that movie? I've paid either nearly full or even full price for the movie or music, yet I've lost the right to resell the content in the secondary market? Will the studio or record company unlock that content from its DRM chains so that I can resell it upon request?

      Answers:
      You aren't / You can't / Yes / No.

      Welcome to a DRMized world, my friend.
    10. Re:RTFA? by kilgortrout · · Score: 1

      Have you ever considered not buying this DRMed crap?? It's the only effective message that a business understands, i.e. when DRM goes up, sales go down. We're not talking food, water, shelter, clothing, etc; we're talking mediocre to bad movies and even crappier pop music for the most part. Send a message - don't buy anything with DRM and let people know why you're not buying.

    11. Re:RTFA? by mgiuca · · Score: 1

      Pfft, no! Reselling media is as evil as lending it to a friend, or putting it on your iPod! You do realise that all your favourite artists will go out of business unless everyone supports them by buying first-hand copies?

    12. Re:RTFA? by Anonymous Coward · · Score: 0

      This is true but and will go on for a bit. But think about this. Even though Sony 'only' sold ~500k in PS3s (so far)there are now 500k in bluray players out there. I doubt HDDVD has those numbers.

      Even when DVD came out they would have droooooled to have a 500k installed base at this point after release.

      Also now that those people have a bluray player I bet each one within the next year will buy at least a couple of BluRay titles. Hey why not...

      DVD will probably be the winner as people will go 'i am not replacing all my movies again'. Even I have a pretty hefty collection of DVDs (700ish) am only going to replace a few select titles (10 or so). The rest stay as DVD. Also I am not going to be 'first to buy' anymore. I am waiting for bargin bin. 90% of my dvds can be had for under 10 dollars now. I spent 20-25 each on most.

      Also even CSS was never about copying of data. As you could always make a bit for bit copy. It was always about 'regions'. Even the early literature was ALL about regions. They were quite proud of it.

      Also the rumor of late is some porn companies are having trouble getting BluRay discs. Yet no one asks why that is? Could it be that those companies could have burned the distibuters of BluRay in the past and they told them to go away? No everyone *assumes* that it is about some moral thing. I seriously doubt that. It is ALWAYS about $$$$.

    13. Re:RTFA? by nine-times · · Score: 1
      Consumers should have a choice to either own a copy of a movie for multiple viewing, or to just view it one time for a much lower price. And movie companies want to provide that choice, and many more

      You know what? If DRM were only being used this way, I'd be fine with it. Let's say, for example, I could buy a movie off of iTunes for $15 and have full rights to use it, copy it, and convert it to be viewed however, I want -or- I could spend $3 and have a "rental" that I could view a couple times, or within a set time span. I would have no problem with that, and I would probably go with the rental model most of the time.

      But that's with the mindset that I'm not *buying* anything. Under this way of thinking about it, I have a price and a service comparable to Blockbuster, but delivered over the Internet. Fine.

      But I think the problem I have, and it seems to be the problem lots of us have, is that they're still trying to control our usage when we've "bought" the movie. We pay the "sale price", and then we're told we've "bought" nothing. We've instead "licensed" a very limited right to possess/view a specific copy of the movie which can't only be possessed or viewed under very limited circumstances, depending on where we bought it and from whom.

    14. Re:RTFA? by init100 · · Score: 1

      I'd say that the previous paragraph is also quote good:

      Content owners use DRMs because it provides casual, honest users with guidelines for using and consuming content based on the usage rights that were acquired. Without the use of DRMs, honest consumers would have no guidelines and might eventually come to totally disregard copyright and therefore become a pirate, resulting in great harm to content creators.

      So in essence, without DRM as a guideline, honest users will become pirates. What a load of crap.

    15. Re:RTFA? by init100 · · Score: 1

      Not to mention the next answer, a perfect example of making a bad thing sound good:

      DRMs are becoming increasingly sophisticated and effective as a means of enabling consumers to access and use audiovisual content in a wider variety of ways that suit their tastes and habits. Watch out for the next generation of high definition discs, HD-DVD and Blu-ray, and content protection codes will be updated on a regular basis.
    16. Re:RTFA? by init100 · · Score: 1

      It is our view that we have to provide customers a rich experience so they can do what they want to do within their home. We don't expect them to make copies of HD DVDs for their friends. And we don't think customers want to do that either. So, DRM needs to give them some restrictions beyond what both the customer and we believe are the proper usage rules.

      This is brilliant! They want to enable users to do what they want to do within their home. They don't expect them to make copies of HD DVDs for their friends, and they don't think customers want to do that either. So why do DRM need to give them some restrictions beyond what both the customer and we believe are the proper usage rules? Wouldn't it be enough for their DRM to restrict what they believe are improper usage rules?

      I don't get how this could make sense. But of course, in their little world, logic may differ quite a bit from what we are used to.

  5. Trying to outcompete 15yo by melikamp · · Score: 4, Insightful

    It's no news that a bunch of 15yo with P2P clients and MySpace profiles are able to do a better job at promoting and distributing music than the publishing companies. The answer? Make the distribution of the digital content difficult again! That reminds me of that time when my countrymen tried to make rivers run uphill.

    1. Re:Trying to outcompete 15yo by cliffski · · Score: 1

      Yeah, a 15yo can distribute music really effectively. Thats because he doesn't get anyone to pay for it. Giving stuff away for free is about a million times easier than running a business. Anyone who *does* actually run a business will tell you that.
      Like it or not, recording studios cost money, microphones cost money, movie studios and special effects cost *big* money. Set designers, sound engineers, actors, writers, directors and producers all have bills to pay. The only reasonable systems we have to get these people paid are:

      1)state funding of all entertainment. Entertainment free at point of use. Govt officials make decisions on what entertainment is funded.

      2)entertainment provided by hobbyists. Great in some ways, but vastly limits scope and quality of projects such as video games and movies. Likely massive reduction in amount of content produced.

      3)current capitalist system. Content produced on a speculative basis by entrepreneurs. Creative types paid per usage, and thus rewarded in line with the popularity of their creations. Strong incentive to produce popular work. Copyright enforced.

      4)donationware. as 3) but no enforcement of copyright. Free distribution and copying. Likely massive drop in size of market, probably below 1% of its current size. (my guess, feel free to dispute).

      Personally I prefer 3. DRM is one of the uglier consequences of it, but as someone who likes good movies, games, books and music, I'm choosing the system that maximises the amount of high quality content that is produced. And that's surely 3).
      That system is currently undermined by 15yo kids in moms basement who don't understand that musicians and movie industry workers have bills to pay, mainly because he's living in moms basement. I say those 15yo kids need to grow up and act more responsibly. Being opposed to DRM is fine, understandable, and worthy. Somehow thinking you are making a protest against it by sharing your entire music collection on p2p is just idiotic, especially given that by defintion you are hurting the exact list of artists you claim to like the most.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:Trying to outcompete 15yo by cpt+kangarooski · · Score: 2, Insightful

      I'm choosing the system that maximises the amount of high quality content that is produced.

      But the value of the content is greatly diminished if you are limited as to what you can do with it. The ideal world would be one in which all artistic works that could be created, are created, and they're all in the public domain so that everyone can have gigantic free personal libraries, and anyone can create derivative works of anything. While that ideal might be unachievable, we ought to try to come as close to it as we can manage.

      This means that sometimes, accepting that fewer works will be created (or fewer works that require a large investment to make, since unauthorized derivatives can help make it up on quantity), is the best option, since the quantity of works that aren't made is small enough that the most important factor is how free people are to use those works, and how soon. DRM is an attempt to permanently keep works under control, to permanently limit freedom, and so it would take an infinite amount of works to even have a go at making it worthwhile, and even then it probably wouldn't be acceptable. And we sure aren't there.

      I would suggest the following solution to the DRM problem: Only allow copyrights for works that the author, his assigns, agents, and licensees, publish without DRM. If they use DRM, they don't get a copyright, or the copyright is revoked. Make it legal to break DRM, and have the government encourage it, assist in it, and help to publish non-DRMed copies of the by-definition public domain works.

      This allows copyright holders to choose DRM if it is really what is important to them, but I bet that they would not. And I bet that this would have very little effect on their revenues or how many works they create, and the production values of those works (which isn't synonymous with quality, BTW -- expensive things are not necessarily better things). There's nothing that stops us from tweaking the copyright bargain and keeping it in the advantage of the public. But we can't give up and accept things as a given; we have to make an effort.

      --
      -- 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.
    3. Re:Trying to outcompete 15yo by cliffski · · Score: 1

      The problem with your solution is that piracy is allowed to run rampant. Piracy is growing, and if left unchecked it will eat seriously into the amount of revenue that content creators can expect to get for their work. There will come a 'tipping point' where piracy is *so* rampant (as it is in some 3rd world countries) that buying legal copies will become old-fashioned and will collapse entirely. This is not vaguely desirable, unless you think that you are happy to get by purely with hobbyist content.

      DRM needs to be improved, and it needs to be labelled and limited, to prevent stupid restrictions. Much of DRM is far too invasive and aggressive, and that's a problem that needs fixing, but I suspect DRM will be with us for the long haul in some form or another. A future where people try to make a living creating work that others can copy freely without any compensation paid to the content creator is just a pipe dream. That does *not* work as an economic model, outside of the hobbyist niche.

      I've said it before, the people to blame for DRM are pirates. If there were not terrabytes of Hollywood movies being openly shared on bit-torrent, movie companies would not be in such a rush to invest in expensive DRM solutions. Everyone blames sony, MPAA, RIAA etc. In reality, these people are just fighting against the hardcore pirates who take other peoples work and distribute it. Some even get in a strop on forums if people don't 'thank them for their work'. Ironic, as they are sending a big two fingers up to the people who actually spent 2 years making the movie, rather than 20 minutes ripping it.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    4. Re:Trying to outcompete 15yo by cpt+kangarooski · · Score: 2, Insightful

      The problem with your solution is that piracy is allowed to run rampant. Piracy is growing, and if left unchecked it will eat seriously into the amount of revenue that content creators can expect to get for their work. There will come a 'tipping point' where piracy is *so* rampant (as it is in some 3rd world countries) that buying legal copies will become old-fashioned and will collapse entirely. This is not vaguely desirable, unless you think that you are happy to get by purely with hobbyist content.

      No, it's not. If authors opt to have copyrights without DRM, then they still have the full panoply of legal rights which they can enforce. If they opt to have DRM without copyrights, then they have no legal rights, and they're limited to whatever protection they can manage on their own; if that turns out to be more than what they can get with copyrights, then good for them. But I bet no, and so they'll probably want to go for the copyrights, which is what I would prefer them to do anyway. Frankly, your objection seems pretty wierd given that the article itself is about how DRM doesn't have anything to do with piracy.

      As for hobbyist content, it doesn't bother me. Copyright has nothing to do with promoting the quality of content, only quantity and freedom with regard to that content. It is entirely possible to have a better situation with less content and more freedom than more content and less freedom.

      DRM needs to be improved

      DRM is incapable of being improved. It's always going to be fatally flawed and hostile to copyright, and on the whole, I'd rather have copyright.

      A future where people try to make a living creating work that others can copy freely without any compensation paid to the content creator is just a pipe dream.

      That's why it's the ideal that we should aim for, even if it isn't something that's realistic. DRM certainly has no place in this; it isn't part of the ideal or even a way to get there.

      I've said it before, the people to blame for DRM are pirates.

      The article here seems to indicate otherwise.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Trying to outcompete 15yo by cliffski · · Score: 1

      So enlighten me, how does one enforce copyright without DRM. have you ever tried? Have you tried doing something about illegal file sharing on p2p networks? How far did you get?
      DRM is by no means perfect, but its a lot more effective than some implied threat that someone in china will be sued by a US company if they share your work on bit-torrent.
      Show me widespread enforcement of copyright, and I'll agree with you 100%, DRM is a pain in the backside. Unfortunately, its the most effective way to enforce copyright at the moment.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    6. Re:Trying to outcompete 15yo by cpt+kangarooski · · Score: 2, Insightful

      So enlighten me, how does one enforce copyright without DRM.

      You sue them. You know, it's the way that everyone has enforced copyrights since they were first invented around 300 years ago. It's still practiced today, in fact. Similarly, the only way to enforce DRM anticircumvention laws is also to sue people, so pro-DRM laws don't really change things much.

      have you ever tried?

      I am a copyright lawyer, you know.

      --
      -- 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.
    7. Re:Trying to outcompete 15yo by cliffski · · Score: 1

      ok, so a small 1 man business with next to nothing as a legal budget. how do I sue someone hosting a warez site in somalia? What if it's hosted in a country that does not even accept the principle of copyright? what then?
      No suprise to hear a lawyer touting court cases as the answer to our problems... Few people would agree with you. Nice gravy train for the lawyers though.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    8. Re:Trying to outcompete 15yo by cpt+kangarooski · · Score: 1

      If you have that small a business then you're in the wrong business. It's a bit like being a mom and pop hardware store and having Home Depot and Lowes move in next door; you don't have the advertising budget or the cash necessary to stay in business against them so you go out of business or at least go into something else where you can still compete. You could try the DRM angle, but under a system such as I've proposed, you'd be taking a significant risk and probably still going out of business (either because the program is popular enough that someone cracks the DRM, or because it's unpopular enough that no one pirates it or even buys it for that matter) so little changes.

      The fact of the matter is that most small business fail, and most authors fail. There's no magic bullet for this. It's not so much the fault of pirates; a successful business will do very well in spite of piracy or will avoid being much of a target for pirates by finding something to make money at that isn't vulnerable to piracy (e.g. Linux pirates haven't done much to the businesses that make money in relation to Linux).

      What if it's hosted in a country that does not even accept the principle of copyright?

      That's a valid choice for the people of that country to make. Copyright is utilitarian, and it only makes sense to have copyright laws if your country gets more of a benefit from having them than if it doesn't. Some countries will opt to not have copyright, and we should not try to pressure them into doing what we want any more than we should be pressured into doing what other countries want.

      No suprise to hear a lawyer touting court cases as the answer to our problems

      Actually, I don't care about your problems. I care about the big picture. The public is seriously harmed by the use of DRM. I would suggest banning it outright, except that I don't think that that would work with free speech. So instead I think that our policy should be to do what we can to discourage it and to encourage not using it. If it happens to be bad for your business, tough. I don't care about your business, I care about the public good. And I am convinced that the public is better off without DRM, even if that means it's also left without your software, than it would be if they had both. Your software is never going to be good enough as to justify the evil of DRM.

      Nice gravy train for the lawyers though.

      No, not really. I actually have a whole agenda of reform I'm working on, and the result would be to make copyright a pretty boring legal field without a huge amount of litigation or even transactional work. That's how it traditionally has been, and one indicator of the failure of the current laws is the rise in business in that sector. I have no problems with putting myself out of work in this field; I really am interested in what is best for society at large.

      --
      -- 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.
    9. Re:Trying to outcompete 15yo by cliffski · · Score: 1

      i see. I dont have enough money to employ a lawyer, so you declare my entire business model a failure. how tragic. believe it or not there are tens of thousands of businesses smaller than mine, and they manage to survive without needing a lawyer. I dont give a toss if the people in brazil dont respect copyright, but if they host a server with pirated software for people in the UK or USA then I do care. Nice to know that the lawyers can't do sod all about that though, I guess the technological solution (DRM) kind of outguns the law in this case.
      Not that I can think of any situation where the best solution is "we need more lawyers". The state should enforce the law. There shouldnt be a need for private companies or individuals to pay lawyers to get the existing copyright law enforced.

      "Actually, I don't care about your problems."

      Yes so it would seem.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    10. Re:Trying to outcompete 15yo by cpt+kangarooski · · Score: 1

      I dont have enough money to employ a lawyer, so you declare my entire business model a failure.

      No. But if piracy is enough of a problem for you that you can't stay in business due to piracy, and you also lack the money to procure legal remedies against that piracy, then that's where the failure lies.

      I dont give a toss if the people in brazil dont respect copyright, but if they host a server with pirated software for people in the UK or USA then I do care.

      And what are you going to do about it? If it's a Brazilian in Brazil without so much as the first asset in the US or UK, and they're not breaking Brazilian laws, you're going to have an awfully hard time doing anything about it. And why shouldn't you? It's not the job of Brazil to comply with our laws, any more than it would be vice versa. There's nothing in the territories you're interested in that you can use for pressure. The traditional solution has been to stop pirated copies at the border, but that's impractical with the Internet. On the whole, I think that I'd rather have this overall scenario -- a free Internet, and each country getting to decide what laws are best for its own people -- than one in which your business is more successful. Sure, you might not appreciate the big picture since it's your business, but I see no reason for anyone else to side with you.

      I guess the technological solution (DRM) kind of outguns the law in this case.

      But since the DRM is hostile to the policies that underlie copyright, I'd still prefer to discourage you from using it by the aforementioned means. Even if this ends up meaning that you abandon this line of business, that is still preferable to having DRM in use. Your software just isn't good enough to make DRM palatable; nothing is.

      The state should enforce the law. There shouldnt be a need for private companies or individuals to pay lawyers to get the existing copyright law enforced.

      No. AFAIK, everywhere in the world, there are parallel civil and criminal judicial systems. Disagreements and wrongs between people are not something that the state should waste its resources on. If it's important, the parties involved will take care of it. If not, then why should anyone else care? Copyright should be purely civil so that authors will have to decide whether their copyrights are worth enforcing and so that the people don't have to suffer the costs of enforcement. This will reduce the amount of enforcement, which is a good thing, and yet certainly not reduce the incentive effect of copyright (since copyright laws are almost entirely civil everywhere anyway, and always have been, and yet are still quite an incentive). That's good, since it results in more bang for the buck as far as the public is concerned.

      I really fear to think how little you must know about the law to think that everything should be enforced by the state, though. That would be crazy -- and result in a huge tax burden to pay for the legions upon legions of lawyers that would work for the government, as well as the private burden to afford the defense, unless that ought to be borne by the state too. While I wouldn't mind a cushy government job, I think that everyone is better off with lawyers in private practice for the most part.

      Yes so it would seem

      Yes. After all, why should I care more about you than society at large? Maybe if this had something to do with civil liberties, I could see that, but copyright is as utilitarian as it comes.

      --
      -- 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.
    11. Re:Trying to outcompete 15yo by melikamp · · Score: 1

      Like it or not, recording studios cost money, microphones cost money, movie studios and special effects cost *big* money. Set designers, sound engineers, actors, writers, directors and producers all have bills to pay.

      Did you even read my post, or are you responding to voices in your head? A P2P user does not in any way compete with any of the crafts you've brought up. He merely distributes and promotes. He does not take a single penny from these people: as you yourself note, their craft is not in any way replaceable by what a P2P user does. He competes directly with publishers. It is their craft that is being replaced by a much more robust and effective system. And who do you see up in arms against P2P these days? Who is most vocal, if not the publishers? They just can't swallow the fact that in the digital world, publishing (stay with me: not producing, but publishing) a book of the size of War And Community costs exactly nothing, as long as there is interest. And generating the said interest also costs next to nothing (given some influence), since the news are viral.

      For the purposes of this argument, I'll give you that our copyright system is actually encouraging arts. I am being extremely generous, since I do not believe that for a second. But anyway, what does it change? **IA are bent on making a living from publishing, while it has been shown that the true cost of what they do is zero. Here, I don't even muse about whether or not they should be able to do that, I am just saying that they won't. They are done for, and they know it, and they are very smart about suing us (people keep saying that they are foolish to sue customers, but that's actually the wisest thing they do), for that alone will keep them alive for a few more years.

    12. Re:Trying to outcompete 15yo by cliffski · · Score: 1

      Yep, I could guess your a lawyer from your attitude alright.
      Goodbye.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    13. Re:Trying to outcompete 15yo by Stone+Pony · · Score: 1
      "You sue them. You know, it's the way that everyone has enforced copyrights since they were first invented"

      You say that your view on copyright is utilitarian and that your goal is to get the best deal for society in general, even if that means trading-off some freedoms on a short-term basis. That being the case, do you support treating copyright violation as a criminal, rather than a civil, offence? If not, why not?

    14. Re:Trying to outcompete 15yo by cpt+kangarooski · · Score: 1

      Well, I'm willing to put anything on the table, but I think that it ought to be strictly civil.

      If it is civil, then the costs of enforcement are tied to the popularity of the work and the profits that can be derived from it or the copyright holder's other works. This is better than than if it were criminal, in which case the value of the work in question would not really be a factor. Further, it's better if those costs are borne by the copyright holder than the public, as we already bear the costs of having there be a copyright to begin with.

      Also, if a copyright holder is prepared to allow some laxity in enforcement of his copyright, then I'm prepared to let him. This is similar to my views on formalities, in that whatever the copyright holder doesn't expressly act to protect, I don't think should be protected. If it were important to them, they'd act differently. Since copyright is largely about getting the most incentive for the least loss of freedom, we should not assume things have an incentivizing effect on the author when the author's own actions or inactions indicate otherwise. Criminal prosecution would be pretty much detached from this.

      Then there's that federal criminal investigators (such as the FBI or Secret Service) and prosecutors have much more important things they could be doing. Additionally, it's not as though copyright holders have a terribly difficult time conducting private investigations and civil suits against pirates; there are very few criminal copyright cases now, so the copyright holders already bear 99.44% of the burden. If they're well-organized, they have some private investigators and specialist attorneys working on these sorts of things, using ex parte TROs to seize evidence, etc.

      Finally though, I also have a gut feeling that it's simply not worthy of being a crime. Patent infringement has never been a crime. Most copyright infringement is not a crime. In most countries it is not a crime at all. Most trademark infringement is not a crime, and what little is a crime (beyond possibly being fraud, depending on the nature of what is happening) only recently was criminalized. I just don't think that it's that serious or that much of a societal problem, rather than a purely private one.

      --
      -- 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.
    15. Re:Trying to outcompete 15yo by Stone+Pony · · Score: 1
      The reason I asked was that in a utilitarian scenario, the costs of copyright are borne by society not as an act of charity towards artists (something you've been pretty clear about on a number of occasions) but because they serve society's interests. If that's the case, isn't it also the case that anything which undermines the implied "deal" between artists and society also undermines the benefit which society expected to get out of that deal? In that respect, it doesn't seem to me that there's all that much of a philosophical difference (in law enforcement terms) between copyright infringement and all kinds of other crimes (particularly "economic" crimes, like fraud) which only have a few direct victims, but which are regarded as criminal matters because they undermine the stability of our society in general.


      I'm not saying that copyright infringement is necessarily a full-on assault on our economic and social well-being, because clearly it's not; but if we regard the creation of artistic works as being important enough to our common interests that it's worth incentivising at all, shouldn't we regard it as important enough to defend the integrity of the incentive?

    16. Re:Trying to outcompete 15yo by gordo3000 · · Score: 1

      producing is very expensive. its actually the only expensive thing in the line of making art. everything else has base costs that are basically minimal housing and food for the artist. that is the base cost. but the studios for recording and advertising for up and coming artists is very expensive. it generally takes agents working very hard to get small venues to accept a new artist to build the reputation in a variety of locations. Those high quality recordings that are used on cd aren't cheap to make.

      Go try renting a studio to record a cd. for anything with quality, it costs major money to do. And this doesn't involve getting hte best producers to cut your music for a fee(also expensive).

      the 15 yo is only good at competing because all these other costs are being paid for by the studios. he may be better at the last mile, but he doesn't have to foot the bill for the first 500 miles so its not that hard.

      Now, you said publishing, not producing, but these come as a package in the record studios. There are few artists and split this up and fewer with any recognition for their work(generally, small private studios to the producing and the artist tries to spread the work). two of my friends do this but only to limited success as of yet. Its a difficult life trying to work a full time job and then travel around a large area to build a fan base. And worse, it pays absolutely nothing for quite a while because few venues will pay you until you prove you can draw a crowd.

      And the only problem is those revenues from publishing fund the rest of it. don't believe it? where else does the money come from? artists garner most of the profits on touring so the production and publishing have to be paid for elsewhere.

      So who has been successful at going inde? I hear people bring up the Bare Naked Ladies and the NYtimes(earlier story) talked about Avril Lavigne but so far, all the examples I've ever heard all got their start in the national spotlight in the major studios.

      Now, I don't like the fact that so much power is situated in a small group, but I have a theory as to why that is so. I think the mass consolidation in the radio market killed one of the best advertising systems in the world. Worse yet, the end to good college radio(remember, they used to actually go out and find new bands in the underground scene) has made it even harder to build a young base. But I don't doubt the studios work for their money. And the RIAA and MPAA represent the producers who also happen to be the publishers.

    17. Re:Trying to outcompete 15yo by gordo3000 · · Score: 1

      what is this principle of copyright DRM violates? the ability for me to gain inspiration from that work? There isn't a single DRM system in the world that does that. I can listen to a person's work all I want and get all my inspiration(or watch, or read, or whatever method you take in that information).

      So where is society harmed by DRM? No content just dissapears, even with the most restrictive DRM systems in place. There will always be people who keep copies of that content in some form. So as long as DRM doesn't become bullet proof, your argument against DRM is farsighted at best.

      Now take your world, the individual artist has a work and distributes it and it gets on the torrents and goes flying around. How do you propose he enforces it? I'm looking for a step by step, reasonable method that keeps in mind that the next generation of bit torrent services will be double blind. At best, you would be guilty of tresspassing to find out if they even have a copy of your music(no DRM) , much less if it was an illegal copy. So I'm not sure where you would get the basis in the law to have protection. the next step, of course, if we overcome this hurdle, would be to sue. But what are the damages? At best, we have now shown this one person has a single improper copy of my work(I'll do first person, easier to write).

      So what damages do you assume are reasonable for this? Even if damages are awarded to the amount of 10k dollars, which is an incredible amount for a single act of copyright infringement, that still doesn't cover the legal costs involved(along with the initial information gathering). Now this information has given you net debt as a single artist trying to enforce copyright.

      So then what? naturally the next step would be to collude with other artists. If you can amass enough artists, one single case can prove thousands of acts of infringement, each liable for the same amount. Now, as few people have the money to pay this, you will bankrupt them. Of course, this is the system we had during Napster. At this point, the artists, out of a need to protect copyright in an economically feasible way, have recreated the RIAA which is of course, another economic inefficiency only required because copyright is not enforcable on a person by person level.

      Now, this is where I would see us going/coming back to. Even under your system, we are back to the same point we began. There isn't any DRM (which we effectively don't have right now given the ease of acquiring safe illegal copies) and we are back with a cooperative trying to sue the pants off of everyone because it is now profitable.

      Of course, we wouldn't have DRM. But then, we'd have everything else with all the inefficiencies the current system embodies. The best would be the ability to write into a file the initial rights you are selling with the music and those rights could be exercised to any limit while not letting you go any further. If that means an artist sells you the right you only listen to his work on 3 devices total, then you should simply adjust where you value that work(compared to an unencumbered system). Then of course, you can sell a tiered product that fits everyone's needs.

      Now, I'm wondering again, as I did in the beginning, how DRM harms society. What would society gain with the removal of DRM as it stands today and in the next generation? Its not the inspiration these works are supposed to provide to encourage further development of the arts.

  6. Whaaa? by martin-boundary · · Score: 4, Funny

    Oh my god! They're so right! How come nobody on slashdot ever figured any of this out? Good thing I caught this story, I'm so logging off the net right now and writing to my congressman!

    1. Re:Whaaa? by Anonymous Coward · · Score: 0

      logging off the net right now and writing to my congressman

      Good idea. The tubes are full today.

      --AC

  7. well duh... by DarrylKegger · · Score: 1

    no body

  8. Bias by kentrel · · Score: 5, Insightful
    This article forces you to believe the crap it's not telling you before it doesn't tell you it. The headline is entirely misleading. Hollywood hasn't admitted anything of the sort, and his source for this information is a reference to another journalist's unnamed source! What kind of journalism is that? From the following quote he extrapolated far too much:

    "His user rules just scare the heck out of us"

    Now, it's entirely possible that DRM is about exactly what they say it's about. What's not true however is that Hollywood is admitting this. The article is forcing you to accept the journalists bias hoping you don't exercise your critical thinking skills and question it. Whether it's true or not - the journalist needs to get his act together and get better sources than some other journalists dodgy source.

    Now somebody might argue: "well we know they're doing it, what does it matter if the journalist exaggerates a quote from an unnamed source". I think it matters a great deal. When you're right you should be able to prove it very easily. Otherwise you have to accept that no matter how you feel on the matter you may be wrong, or there's just not enough evidence to imply anything.

    1. Re:Bias by richie2000 · · Score: 4, Interesting

      Hollywood hasn't admitted anything of the sort "DRMs' primary role is not about keeping copyrighted content off P2P networks. DRMs support an orderly market for facilitating efficient economic transactions between content producers and content consumers. "
      Dan Glickman, Motion Picture Association of America
      --
      Money for nothing, pix for free
    2. Re:Bias by Cheesey · · Score: 1

      That's an interesting quote. I notice that he still says that DRM is about preventing piracy, but says that the mechanism is by controlling legitimate users, rather than actually preventing unauthorised copying. So he's still blaming piracy to justify the need for DRM.

      Really this article is a non-story, an opinion piece with no real sources. The sort of thing most of us could have written with a couple of minutes of thought. It's not news.

      --
      >north
      You're an immobile computer, remember?
    3. Re:Bias by Dilaudid · · Score: 1
      This had me stumped. An orderly market? According to investopedia this means supply and demand are reasonably matched - there is no sudden swing of prices. Efficient economic transactions mean that the transactions maximise the net benefit to everyone - an example of an inefficient transaction is where I see that bananas are mispriced at the supermarket so that if I buy 100 it's cheaper than buying the single banana I want to eat. So I buy 100 and throw away 99 - inefficiency.

      Efficiency is increased by better understanding the needs of the consumer and supplier. Since DRM only gives the supplier power over the actions of the consumer, and seems to be done with complete disregard for the needs of the consumer (c.f. Sony DRM rootkit), it seems to me that Glickman's argument is spurious, and he's just trying to justify what he wants to do by throwing around economic buzzwords. What unusual behaviour for a senior manager.

      The reference to an orderly market presumably means that dropping the price of his product from $20 to $3 scares him, so he's trying to convince us it's not economically beneficial. Thanks for the quote, it's interesting to get a glimpse inside a stereotypical hollywood suit's head.

    4. Re:Bias by Technician · · Score: 1

      So I buy 100 and throw away 99 - inefficiency.

      That is the model for buying batteries for a laser pointer. Buy 3 batteries for $1.59 each or buy another laser pointer with 2 sets of batteries (6 cells) for $2.95.

      I avoid things that use button cells simply because replacements are hard to get without buying another laser pointer to toss.

      Anybody need a dozen laser pointers without batteries?

      --
      The truth shall set you free!
    5. Re:Bias by westlake · · Score: 1
      Efficient economic transactions mean that the transactions maximise the net benefit to everyone - an example of an inefficient transaction is where I see that bananas are mispriced at the supermarket so that if I buy 100 it's cheaper than buying the single banana I want to eat.

      your example is efficient for the wholesale buyer and the wholesale seller. the fruit is likely to be of better quality because it receives less handling.

    6. Re:Bias by Anonymous Coward · · Score: 0

      Let's call RIAA/Hollywood JRS (junk resellers) for a moment for the sake of brevity/clarity:

      JRS act somewhat aggressively about their so-called Copyright and their so-called artists reimbursement for one reason in particular, and that is the en-tire absence of transparency.

      If consumers obtain a full disclosure of exactly how many cents go towards each and every artist contributing to a song BEFORE they buy that song, the JRS will be doing the right thing AND having a huge problem at the same time; problems get even huger if they have to do that for re-issued old stuff. And problems get stinking at the moment an independent agency is put in place in order to make sure that the amounts listed match the amounts paid.

      So, for each song, there will be some declaration like this available on pre-sales evaluation of the song:

      song: 80 cents, of which these amounts are paid:

      - drummer: 3 cents
      - singer: 3 cents
      - guitarist: 2 cents
      - bass player: 2 cents
      - songwriter: 10 cents
      - JRS: 60 cents

      That is not only the first and only moment when JRS could transparently claim a moral right to charge as much as they charge - but that is the moment when consumers will look at the pennies listed and go >>WHAT???

      In the middle ages, monasteries, dukes or kings that charged too much tax for "simply enjoying infrastructures" were poisoned, stabbed or otherwise pushed aside - and nothing less will be happening to an industry that fails this. If the JRS don't realize that they are equal to people charging tax on not doing much, they must be blind. At the moment, they seem to enjoy blindness with a passion unknown, but that is fine as long as everyone else knows that that's what they're doing.

  9. not about piracy? really? by rich42 · · Score: 1
    with itunes (and other services) you can burn tracks you've purchased to CD, load them up on portable devices, listen to them on multiple computers....

    for the most part - it seems to me you can do just about anything that would constitute "fair use" - am I missing something here?

    I'm not saying I "like" DRM - I think it's just a reality of the market (counting the RIAA suing grandmas as a "market" force). no one's (OK, almost no one) is going to sell you a pre-ripped MP3 - ready to share via limewire.

    I'm playing around with some services that offer $15 / month all-you-can-eat music. this wouldn't be possible without some heavy DRM. seriously - that guy with the horns and the cape - not so bad...

  10. Mirrors my views exactly by grimJester · · Score: 4, Interesting

    DRM is meant to prevent interoperability, raise barriers for entry to markets and force "upgrades" of your media when playback devices are upgraded.

    Just look at iTunes; you can burn the music to CDs and rip to mp3. This is no copy protection - only a mild barrier to make it more likely that the average customer does _not_ buy another brand of mp3 player.

    As others have pointed out, the article headline is misleading. Hollywood won't admit any such thing.

    1. Re:Mirrors my views exactly by DogBotherer · · Score: 1

      And as others have already pointed out MPAA execs (aka Hollywood) already have:


      "DRMs' primary role is not about keeping copyrighted content off P2P networks. DRMs support an orderly market for facilitating efficient economic transactions between content producers and content consumers. "

      Dan Glickman, Motion Picture Association of America

      http://news.bbc.co.uk/2/hi/entertainment/4691232.s tm

    2. Re:Mirrors my views exactly by Technician · · Score: 1

      This is no copy protection - only a mild barrier to make it more likely that the average customer does _not_ buy another brand of mp3 player.


      It is also a mild barrier to giving the track to your friend. It won't go on his iPod without deleting everything already on his iPod. Of course you can always go through the mild barrier at additional expense, reduced quality, and lost time. The barrier is there to discourage casual copying as well as vendor lock-in. It's easier for your friend to buy his own copy of the tune then burn a CD and rip to MP3 at lower quality plus the hasle of re-inputting the ID3 tags.

      --
      The truth shall set you free!
    3. Re:Mirrors my views exactly by grimJester · · Score: 1

      Yeah, that scenario is probably worth some added revenue as well.

      Still that barrier doesn't build up as much as the barrier for shifting to new hardware. For example, I have around 200 LPs I no longer have a player for. If a friend wanted a copy of one, I would probably go through the trouble of copying it to CD at his house, but format shifting them all is too much work.

    4. Re:Mirrors my views exactly by nine-times · · Score: 1

      Just look at iTunes; you can burn the music to CDs and rip to mp3. This is no copy protection - only a mild barrier to make it more likely that the average customer does _not_ buy another brand of mp3 player.

      Well I'm not sure I agree with that. If I really wanted a given album, would I rather spend little bit of money on a CD, spend the time burning and ripping, and suffer with the loss of quality? Or would I rather spend my $10 and buy the album?

      I'd choose the second option. If I were intent on pirating, I'd sooner look online for someone who ripped directly from the CD at a decent bitrate.

  11. My response in two words is.... by Anonymous Coward · · Score: 0

    O RLY?

    ...It wouldn't let me include the ASCII owl. :(

  12. IRTFALITFA by Macthorpe · · Score: 4, Insightful

    I Read The F***ing Articles Linked In The F***ing Article, and there is still no such admission from anyone.

    I do, however, also agree with the articles conclusion that DRM isn't about piracy, if only because it's so ineffective to be laughable. It's always been, and obviously so, to make the people who do spend, spend more than they should.

    Why chase people who won't buy jack, when you can shaft the people who do for more? It's less effort.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    1. Re:IRTFALITFA by Anonymous Coward · · Score: 1, Interesting

      This is why I won't buying stuff that I can't fully control, be it software, games, music or movies.

      Windows XP/Vista activation/DRM is not good.

      Game protection root kits are not good. Also, steam is nice, until you realize that playing old games will be hard
      if they go out of business (or release forced "updates", which HAS happened).

      All DRM is bad.

    2. Re:IRTFALITFA by Macthorpe · · Score: 1

      Windows XP/Vista activation/DRM is not good.

      I agree. Unfortunately the gaming experience for me is more important than the minor hoops I have to jump through to do it, though I wouldn't be complaining if they removed it entirely.

      Game protection root kits are not good.

      Starforce is one of my sworn enemies - my drive refused to burn CDs/DVDs even after cleaning the system of it. It is also definitely the cause of the problem, as the drive burned fine before I installed PoP: Two Thrones, and I switched the drive for a new one and that now works fine with Starforce off the machine. Too much of a coincidence to be ignored, I'm afraid. I'm glad Ubisoft dropped it.

      Also, steam is nice, until you realize that playing old games will be hard if they go out of business (or release forced "updates", which HAS happened).

      I have a lot of games on Steam. I tend to scratch/lose CDs and DVDs anyway, so if Steam did go out of business I don't see a difference between that and the usual disdain with which I accidentally treat my media. Right now the convenience of the thing is, again, too important for me to ignore. I've had to reinstall Windows when I've changed hard-drives and the ability to install about 20-25 games overnight without having to be at the computer is a godsend. I've never had the problems that others have had, either, so I can't comment on that.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    3. Re:IRTFALITFA by Dark_MadMax666 · · Score: 1

      Steam actually allows you to play offline .Forced updates -yeah that's suck ( well would never think updates are bad , but last 2 pretty much destroyed CS:S).

        I do not buy movies ,music or games at all . The only exception I make is for games which are distributed online - that would be stardock's galciv and games on steam. As I see the only way to break the back of MAFIAA is to push them out of the market and the only way to do that is to have competitive market ,and online distribution is exactly such market - so I promote it and support it in any way I can.

        If all people followed my practice riaa/mpaa cartels would be dead and we would have a market where creators would be the one getting majority of payment, which would drive prices down ,and more importantly ,more innovation and more space for creativity.

  13. mutiple sales by mastershake_phd · · Score: 5, Insightful

    They want to sell you the DVD version, the PSP version, the special edition, the remastered edition, the directors cut, the laser disc version, the VHS version. Next will be the HD-DVD, and Blueray versions. Followed by the hologram version, err, maybe. If anyone has been most successful at this, its George Lucas, how many of us own more than one version of the first Star Wars trilogy?

    1. Re:mutiple sales by alexgieg · · Score: 1

      I'm myself have none. I'm waiting for George Lucas to die so that I can then buy the definitely definite final forever unchangeable version, in a box including all of them, which the company will surely release some time after the fact.

      Also, I have no version of LotR, since the extended edition wasn't released here in Brazil. We had single, double and box editions, but no extended. So, I'm holding my money until it's released.

      The same goes for the original Superman tetralogy. I'll only buy them when it's released as such, not as a trilogy.

      And so on and so forth. :)

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    2. Re:mutiple sales by tbo · · Score: 2, Interesting
      They want to sell you the DVD version, the PSP version, the special edition, the remastered edition, the directors cut, the laser disc version, the VHS version.

      [rant] Honestly, who wants to watch a movie more than once or twice? Get Netflix or Zip.ca or whatever, rent it once or twice, and you don't have to worry about buying it over and over again. It's also cheaper. I have a really hard time getting worked up about DRM for movies if that's all it's about. I'm not going to buy a movie more than once, period. If you own more than one copy of the Star Wars trilogy, get a life. Once you have a "life", you'll find it's useful for maintaining perspective on things like this. [/rant]

      If DRM means that the movie execs feel comfortable digitally "renting" content to me for one-time viewing, and it's cheaper than Blockbuster, great. Without DRM, there's no market for digital rentals, because now you "own" it and can give it away. Thus, for the vast majority of us who just want to rent a movie to watch once, prices for digital content would end up in the range of DVD sales rather than DVD rentals.

      Now, I'm aware of lots of DRM downsides. It's not interoperable, yada yada. Believe me, as a Mac user from long before the iTunes Music Store existed, I know how annoying it is when something isn't available for my OS of choice, and I feel for you Linux users who can't download the latest episodes of 24 from the iTMS. Of course, Season 6 was on bittorrent about a week before it even hit TV, and I don't think it's even on the iTMS yet, so it's not like the Linux users are really suffering. In short, DRM hasn't really hurt anyone too badly, because it's not too hard to circumvent. OTOH, it does keep Joe Consumer from committing copyright infringement, and it helps the studio execs feel good about releasing digital content. It's a compromise.

      Oh, and don't even get me started on the article. Why even RTFA if the quality is this awful? What happened, did Digg buy up Slashdot last weekend? I'm just waiting for the first "DRM FTW" post. I especially like the briliant flashes of insight in TFA:
      ...the studios have turned to DRM (and the law) to create the scarcity.
      Wow! What an awful new development! Except, oh right, creating scarcity to allow creators to profit was the original constitutional purpose of copyright. Ars may be up on the latest technology, but they seem to be a couple hundred years behind on the legal world.

      Hmm... Maybe I should have put that [/rant] tag towards the end of my post...
    3. Re:mutiple sales by CaptnMArk · · Score: 1

      Don't bet on it. Gene Roddenberry is dead, and now they will release new "Original" Trek episodes.

      BTW: I have the "extended" LOTR. It's still in plastic, cause I've (besides cinema and TV) only watched the DIVX version.

    4. Re:mutiple sales by 1u3hr · · Score: 4, Insightful
      Except, oh right, creating scarcity to allow creators to profit was the original constitutional purpose of copyright

      Insightful, up to that point.

      According to Article I, Section 8, Clause 8 of the U.S. Constitution, 1787: "the Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

      You've swallowed Hollywood's line. Profit is supposed to be a carrot to "promote the progress of science and useful arts", not the purpose, though these days you'd never know that.

      As for TFA, yes, what a load of crap. When did musings in random blogs become newsworthy?

    5. Re:mutiple sales by zakezuke · · Score: 1

      If anyone has been most successful at this, its George Lucas, how many of us own more than one version of the first Star Wars trilogy?

      Ummmm.... I'm happy to say I own NO starwars media nor accessories. Technicaly "I" may have bought the comic back in '79 but I was so young I don't remember if "I" bought it, or my brother. But needless to say if I did buy it I no longer have it. I may have recievd a "tonton" action figure but that again would be long since lost.

      1. I thought it was foolish to buy starwars action figures in the 70s as all my friends had them already, and most were destroyed with firecrackers.
      2. I never "bought" any star wars film, though I liked starwars I saw it enough in the theater, and on cable to keep me perfectly happy.

      Now... if you were to say the Robotech series, Macross, or the 2006 re-dub of macross... These are things I would have bought. Various Doctor Who serials I bought. Series or movies I couldn't rent or borrow I bought. The new macross dub is an example of re-buying something enough work went into to justify the expence. StarWars on the other hand, I caught the re-mastered edition in the theater, when it hit the $1.00 cinema.

      This being said, I wouldn't knock anyone who bought anything from the Lucus franchise, most of the crap spewed out from there has been a very good investement.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    6. Re:mutiple sales by advocate_one · · Score: 2, Funny
      As for TFA, yes, what a load of crap. When did musings in random blogs become newsworthy?

      You must be new here...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    7. Re:mutiple sales by Kjella · · Score: 1

      Except most of what you quote is legitimate business practises - no worse than book publishers releasing hardcovers and paperbacks at different times or software companies releasing several versions with various disabled features for different user groups.

      Just because you bought the VHS version sometime in the 80s shouldn't automaticly give you the right to get every other version on every media. Yes, it should give you the right to capture your VHS tape to a DVD - not any new remastered DVD copy with menus, extras, better picture, surround sound and whatnot that you didn't buy.

      Those aren't evil. Evil are things like:
      - Scratched disc? Sorry, buy a new copy.
      - Wrong region code? Sorry, won't play.
      - DVD-less laptop? No format shift for you.
      - HDCP-less screen? No HDTV for you.
      - Other mp3 player than iPod? Bye-bye iTMS music.

      Yes, there are workarounds like DeCSS, burn&rip etc. but they're either illegal or so expensive and so much work that they're not worth it.

      DRM is evil when it takes away things that are fair use. Upgrades aren't free. It's not fair use to run Vista because you once bought a Win95 OEM license.

      --
      Live today, because you never know what tomorrow brings
    8. Re:mutiple sales by westlake · · Score: 1
      Profit is supposed to be a carrot to "promote the progress of science and useful arts", not the purpose

      If there is a practical distinction to be made here, I am not sure I can see it.

      The inventive "Connecticut Yankee" of the 1790's wasn't playing with wooden gears and cogs as an intellectual exercise. He was in the business of making an affordable mantle clock.

    9. Re:mutiple sales by 1u3hr · · Score: 1
      If there is a practical distinction to be made here, I am not sure I can see it. The inventive "Connecticut Yankee" of the 1790's wasn't playing with wooden gears and cogs as an intellectual exercise. He was in the business of making an affordable mantle clock.

      You can't copyright a clock. What are you talking about?

    10. Re:mutiple sales by init100 · · Score: 1

      Scratched disc? Sorry, buy a new copy.

      That is actually the RIAA position on backup copies. They argue that backups are not necessary, since you can buy new copies at the nearest record store (at full price).

    11. Re:mutiple sales by tbo · · Score: 1

      Profit is supposed to be a carrot to "promote the progress of science and useful arts", not the purpose, though these days you'd never know that.

      You're entirely correct. Profit is a means, not an end. Congress seems to have forgotten this, with its extension of copyright to life + 75 years. That said, TFA mentioned profit as if it was a dirty word. That's what I was reacting to. I probably should have been more careful, but then, it was a late-night rant.

  14. Consumers losing control by quokkapox · · Score: 3, Insightful

    The real risks of DRM come into play when consumers lose control of the devices they legitimately assume will have traditional functionality. Why on earth should my cellphone, a digital communication device be unable to share MY data freely with other networks? So I have to PAY for a ringtone or PAY to upload a picture I just took? Why should my wifi-enabled Zune not be able to "squirt" MY data to any nearby Zune?

    That's bad enough, but the most dangerous outcome here is when I can no longer wipe and then reinstall a free operating system onto a general purpose computing device. The people might be forced to pay the microsoft tax, but we will not give up our free software.

    --
    it's a blue bright blue Saturday hey hey
    1. Re:Consumers losing control by mystery_boy_x · · Score: 1

      The Zune: Introducing a cool new feature and then crippling it, simultaneously.

      --
      I am not a lawyer but my sister is, so don't mess with me
    2. Re:Consumers losing control by Sique · · Score: 2, Interesting

      There is a second thing to that. With the inability of the device to spread your very own content it is no longer a device for you to promote your own content. So not only the usage and the distribution of content gets controlled, also the creation of new content gets controlled, because the only way to get out content with mandatory DRM is to sign up with a DRM provider (and if you can't pay the sign up fee in cash, you have to sign a contract surrendering rights for your own creation).

      --
      .sig: Sique *sigh*
    3. Re:Consumers losing control by Fred_A · · Score: 1
      Why on earth should my cellphone, a digital communication device be unable to share MY data freely with other networks?
      Oddly enough this type of thing seems to only be enforced on the US market. Elsewhere, phones can freely communicate with anything. In France a bundled phone can be unlocked from its operator network after 6 months (I expect the other European countries have similar provisions), etc. On the rare occasions I take a picture with my phone (bought from my cell operator) rather than with my camera, I can upload it with BlueTooth or with the provided USB cable to my Linux machine without any problem. In the same vein, I have installed a couple MIDI ringtones on it which I have always used on all my phones.

      Granted the insane locking down of everything might be pushed to the rest of the world by the US corps but for now it certainly isn't the normal state of affairs.
      --

      May contain traces of nut.
      Made from the freshest electrons.
    4. Re:Consumers losing control by Corporate+Troll · · Score: 1

      In France a bundled phone can be unlocked from its operator network after 6 months

      I don't bother and buy the cheapest unlocked one.... Works just fine. The last GSM I bought was one with a pre-paid card of the competing network, and it was unlocked in the first place. I never used the prepaid card.

    5. Re:Consumers losing control by zotz · · Score: 1

      And soon we will have to plug the acoustic instrument hole.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  15. F__k em by J_Doh! · · Score: 2, Funny

    The more you tighten your grip, Tarkin, the more customers will slip through your fingers.

    --
    To secure peace is to prepare for war ...
  16. Re:YET ANOTHER MISLEADING HEADLINE by Anonymous Coward · · Score: 4, Insightful
    Try reading the artcile a little more closely:

    According to him, an unnamed studio executive said that a major reason why studios weren't jumping on board with the iTunes Store and other similar services is that their DRM is too lax. "[Apple's] user rules just scare the heck out of us."



    Ars Technica's Ken Fisher adds: " It's not piracy that's the concern, it's their ability to control how you use the content you purchase."

    It seems to me that is a reasonable interpretation of the "unnamed executive's" comment that the DRM is "too lax", because if "piracy" were a major reason for Hollywood's wanting DRM then its relative stringency or laxity would not be such an important issue for Hollywood. However, if what they are really after is the maximum possible control over users then the relative laxity of a DRM standard *will* bother them - because, for example, they mightn't want a customer to enjoy the content on more than one device without purchasing more than one copy.

    Therefore, the summary by shaowmage13 -

    "Hollywood privately admits that DRM is not really about piracy."

    ... and is, moreover, merely the same as Ars Technica's headline with a slightly different word order:

    "Privately, Hollywood admits DRM isn't about piracy"



    The comment from the "unnamed executive" _is_ as good as an admission of that, as has been shown above. The headline Slashdot used "DRM - it's not really about piracy" doesn't directly comment on what anyone has said - privately or not - but states an opinion on what DRM is "about". It's an opinion that is reasonably substantiated by the Ars Technica article.

    As for the British gutter press you'd find far more offensive and dishonest articles there than at Slashdot. At least Slashdot sticks to technology and related matters and hasn't, so far as I know, been involved in concealing Stalin's purges from the reading public, as the British newspaper the Guardian was.
  17. On a scale of 1 to 10... by Anonymous Coward · · Score: 0

    ... would you say the story is:
    - very neutral about DRM
    - slightly neutral about DRM
    - slightly biassed about DRM
    - very biassed about DRM

    Now answer again, but for slashdot as a whole.

    1. Re:On a scale of 1 to 10... by Anonymous Coward · · Score: 0

      It's not wrong to be biased against things that are bad ideas. What do you think of slavery, Communism and apartheid? Do you think we should have a neutral point of view in regards to these things?

      DRM is a technological abberation. So say various experts. But perhaps you know better.

    2. Re:On a scale of 1 to 10... by Anonymous Coward · · Score: 0
      ... would you say the story is: - very neutral about DRM - slightly neutral about DRM - slightly biassed[sic] about DRM - very biassed[sic] about DRM Now answer again, but for slashdot as a whole.
      NOT being biased against injustice is itself unjust.
    3. Re:On a scale of 1 to 10... by Anonymous Coward · · Score: 1, Insightful

      K heres the thing. Bias is a thing that alters perception of reality. Once your perception of reality has been altered, you can't decide what's unjust and what isn't.

      Saying you're biassed against what is unjust is basically saying that whatever bias made you choose wrongly the things that you will believe to be unjust, you will now double and then redouble your blind determination to re-inforce that wrong belief, so that you become a bigot and a talking head that spouts dogma.

    4. Re:On a scale of 1 to 10... by Anonymous Coward · · Score: 0
      Saying you're biassed[sic] against what is unjust is basically saying that whatever bias made you choose wrongly the things that you will believe to be unjust, you will now double and then redouble your blind determination to re-inforce that wrong belief, so that you become a bigot and a talking head that spouts dogma.
      Ah, so if I take a stand against slavery or dictatorship, I'm a bigot with a bias against indentured servitude and despotism. Indeed, one could argue that, if one ignores the fact that a bigot is intolerant of different opinion and not merely biased. However, I'd argue that ultimately there is always a bias in one way or the other which depends on our cultural and social values.
      Also I'd like to know from where you derive the authority to declare my position as wrong, aside from your own, very personal bias.
    5. Re:On a scale of 1 to 10... by Anonymous Coward · · Score: 0

      Your position is wrong because you believe DRM is in some way similar to slavery or dictatorship. This position is quite clearly rubbish. Slavery and dictatorship both take away your freedom to live your own life. DRM at worst takes away your freedom to enjoy the work of others.

      Wheras justice is ultimately a matter of opinion, most people in the world today (except religious bigots) believe that perosnal freedom is an essential right.

      Far fewer people believe that enforced access to content created by others is an essential right. Due to the need to balance the rights of produces with those of consumers, some sort of remuneration scheme is needed. DRM is simply one idea for implementing such a system of remuneration. We may not like it and we may feel it is unworkable, but we are not assessing it accurately while we insist that it is like dictatorship or slavery. And if we are not assessing it accurately, that's bias. And bias makes people like you make wrong decisions about what is just, and that's why people like you are bigots.

      I have answered your question. Do you have any more questions, or would you rather just get on with being a biased bigot?

    6. Re:On a scale of 1 to 10... by CmdrGravy · · Score: 1

      The similarity between slavery and dictatorships is that both of them tend to limit peoples civil liberties and DRM is capable of limiting your civil liberties too so in that respect there are similarities.

      DRM has the capability to limit your civil liberties because once the copyright period on a piece of music or literature expires then this work should be freely available to the general public. Works protected by DRM may choose to ignore this right and even when the copyright period expires the DRM built into a work may prevent the work being available to the general public.

      DRM places too much power in the hands of the producers of music, literature or whatever and not enough power in the hands of society so it isn't surprising that elements of society are opposed to DRM not because of some irrational bias but because they realise its potential to circumvent their civil rights.

      Clearly there needs to be a debate about the best way of encouraging artists to create works of art and allow those works to provide the maximum benefit to society that they can.

    7. Re:On a scale of 1 to 10... by Anonymous Coward · · Score: 0
      Wheras justice is ultimately a matter of opinion, most people in the world today (except religious bigots) believe that perosnal freedom is an essential right.
      So bigots stop being bigots when they become the majority?
  18. Some thoughts. by d3m0nCr4t · · Score: 2, Informative

    How the movie and music industry must long for the days of vinyl records and videotapes. In those days, they could produce movies and music, sell them to their customers and after 10 to 15 years, if you used the tapes and records enough, they could sell them again to you. Was there any piracy then ? Hell yes. Records were copied on to audio cassettes and with 2 videorecorders you could easily copy any videotape. Now, with media being spread in a digital form, they lost that kind of control over their sales. And the industry is going to do whatever it takes, to try to get the tapes and vinyl back, in the form of DRM.

    1. Re:Some thoughts. by rucs_hack · · Score: 4, Informative

      They used to have fits about tapes and vinyl copying too. It's always happened. Their main problem is that selling media in any form will always be a business which experiences lots of unauthorised copying of its products if you use their traditional distribution method (being monolithic companies selling media at high price through a limited number of channels)

      The problem they have is that faced with this undeniable fact they have decided to focus on an unrealistic solution, being drm. The plain fact is that drm will only cause problems for legitimate users, not unauthorised copiers.
      Circumvention being illegal is no problem. There will always be someone, somewhere who figures it out, and finding that person in time to stop dissemination of their solution is a game that will be lost before they start, every time.

      DRM then is so they can continue to attract investors. It gives them something to say in pitches. 'We have solution x to this problem that will ensure a return on your investment' and so on. The fact that historically such solutions have a 100% faliure rate isn't something they can even think about, so they're trapped.

      Looking at this from an evolutionary standpoint, they're screwed, and heading to extinction. Simply demanding that the world be other than it is can only have that result. What system will emerge in its place I don't know, but I strongly suspect that the current crop of p2p companies/products will form the basis of a new media empire.

      The current media industries are trying to get into this feild, but for years all they've been doing is trying to stop it, whilst the p2p producers have been innovating like crazy. That means the p2p guys are already ahead in the next wave of media production/distribution, and very likely to stay there.

    2. Re:Some thoughts. by Technician · · Score: 1

      Records were copied on to audio cassettes and with 2 videorecorders you could easily copy any videotape.

      The big deal on the new copying is a copy of a copy of a copy is exactly like the original rip. Have you ever heard a 5 generation copy of a copy of a cassette? How about 7th or 8th generation copy of a VHS movie? The piracy path was self limiting. With Peer to Peer, getting a copy 20 or 30 copies later is just like the first copy. That's the big deal and the drive to put the genie back in the bottle with DRM. They have to kill the first digital copy that is free of DRM.

      The Apple iTunes only exists because there is a loss to make a CD and another loss to make a MP3 from the CD. They are betting someone else to get better quality for their iPod will simply buy their own copy.

      It's like would you buy your own newspaper, or do you want me to photocopy mine? The photocopy involves a reduction of quality, an investment in time and materials. This is the iTunes model. It's more convienent to get your own better copy. Casual copying is reduced to negligable levels.

      --
      The truth shall set you free!
    3. Re:Some thoughts. by Have+Blue · · Score: 1

      They're just ahead in distribution. The question of how a media production will be financed under the "nobody pays for anything ever" model is as yet unanswered.

    4. Re:Some thoughts. by rucs_hack · · Score: 1

      Oh there'll be payment, just nowhere near as much as the media companies charge, and possibly ad based

    5. Re:Some thoughts. by pod_sixer_jay · · Score: 1

      Yep. Part of the problem is that content providers didn't care as much about piracy in the analog olden days. You could easily "rip" a vinyl record to a cassette or reel-to-reel tape, and you could easily copy a VHS cassette to another one. But in those cases the copy was noticeably cruddier than the original. You got a free copy, but it was a cruddy copy, and that was a sort of self-enforcing copy protection. There was still some incentive to buy the pristine LP or VHS version instead of a pirated copy.

      Copyright is a "defend it or lose it" proposition. If you don't address infringement aggressively enough, your laissez-faire attitude becomes the court's eventual standard of injury when you finally do get around to sueing someone for a serious infringement. So the RIAA and the MPAA initially took a relaxed attitude toward cottage piracy that accepted inferior quality as a consequence of illegality.

      But in the digital world it is very simple to create exact copies of the distributed content. The same bits are found on the copy as on the original, and the quality at playback is indistinguishable from the original. Now there really is no incentive for the consumer to improve his experience by buying the real McCoy. But the content providers are now wallowing in the environment they created by letting people make and share informal copies. Thence DRM: the attempt to reinstate by technical means rights content providers foolishly abandoned through complacency years ago.

  19. I think you're all wrong by 91degrees · · Score: 1

    I think they insist on DRM simply because they're convinced that limitting the number of people who can watch something is better. But they haven't researched. They just take it as a self evident truth. It's become more of a religion than a business strategy.

    1. Re:I think you're all wrong by J_Doh! · · Score: 1

      Agreed. And they have gone so far now that pride, ignorance and the quest for the almighty dollar have taken over.

      --
      To secure peace is to prepare for war ...
    2. Re:I think you're all wrong by Anonymous Coward · · Score: 0

      Wheras your extensive research, which you will no doubt supply in a follow-up to this comment, shows clearly that placing no limits on copying is better.

      Remember that anecdotes, thought experiments and Slashdot groupthink dogma do not count as research (even though they may have convinced you)
      .

    3. Re:I think you're all wrong by 91degrees · · Score: 1

      Wheras your extensive research, which you will no doubt supply in a follow-up to this comment, shows clearly that placing no limits on copying is better.

      Nope. All I have is my own dogma. I'm not making decisions. I have the right to unsubstantiated opinion. If I was making decisions about applying DRM, I'd make sure they were the right decision.

      For all I know, they might be right. Maybe DRM does increase sales. But they're just assuming this is the case. Few other industries reduce utility to increase sales. Aircraft manufacturers could sell twice as many planes if they made them smaller. Truck makers would logically sell more units if they lobbied the government to reduce the permitted load on roads.

    4. Re:I think you're all wrong by Anonymous Coward · · Score: 0
      Wheras your extensive research, which you will no doubt supply in a follow-up to this comment, shows clearly that placing no limits on copying is better.
      Despite your arrogant attitude, I will do so for GP.
      http://web.mit.edu/evhippel/www/papers/Sticky%20In fo%20and%20Mass%20Customization%20(1998).pdf
      http://web.mit.edu/evhippel/www/papers/opensource. PDF
      http://web.mit.edu/evhippel/www/papers/UserInnovNe tworksMgtSci.pdf
    5. Re:I think you're all wrong by Anonymous Coward · · Score: 0

      Those "papers" are just OSS marketing fluff. They are also off-topic since they refer exclusively to content created by individuals with sufficient independent wealth not to need remuneration - hardly representitive of the whole creative community.

      Nice ad-hominum though. It's good to see that people who don't swallow your biased dogma have bad personalities.

  20. Re:YET ANOTHER MISLEADING HEADLINE by Anonymous Coward · · Score: 0

    You've missed the point utterly. The headline is fine, but the blurb isn't. Some Internet journalist posting completely unverifiable hearsay from an "unnamed executive" does not a Hollywood admission make.

  21. DRM is just another word for nothing left to lose by locksmith101 · · Score: 1, Insightful

    DRM is a funny thing. It's like trying to make a Tsunami go away by yelling at it. I guess that both Hollywood and the music industry, suffer from their historical misbehaviour towards users. Take the questionable pricing as an example - regardless of manufacturing costs. I assume that it costs less to mass produce DVDs and CDs than the late VHS and vinyl records - still prices haven't dropped. DRM is all about piracy - but it's a lost battle, that ship has sailed long ago...

  22. Re:YET ANOTHER MISLEADING HEADLINE by Anonymous Coward · · Score: 2, Funny

    The journalist would have revealed the name to us but didn't manage to crack the DRM on it.

  23. Power to the artists??? by Merkwurdigeliebe · · Score: 3, Interesting
    Well, let's take out the recording and movie making industries, and now let us imagine that everyone who produces or would produce media can do so and does do so by themselves (without industry intermediaries.) Then imagine that there be a system that allowed the publishing artist to exactly and precisely control how their content was used and or was available so that the publishing artist could revoke something they put out there but for whatever reason now regret. What would be wrong with that? It would be total control in the hand of an artist. Afterall, it is their work. Why not give them ultimate control?

    Imagine an idiot posts something he or she later regrets to the web. It's foreseable that some of them would wish to recall/revoke/delete what they posted to the Internet. Today there is no way to put the "genie" back inthe bottle. If there were a total artist control type of rights management this idiot could retrieve (forever extinghuish the existence) the now-regrettable work posted to the Internet.

    Let's say that the audience never had ownership but simply could make micropayments (in the case of for profit works --not the stuff posted to the internet for free --that would still be free but still bound by the total rights management system) to listen or see content. That could be say for a one-off experience of for a bulk experience. What would be wrong with such a scenario? (that is if controlled by each artist themselves?) No industry to deride and loathe. Only artists with infinite control over their works. If the artist were to die then it could be had that all their content die too.

    Would that be too much control in the artists' hands? It'd be like it was before technology, in the sense that the artist'd control all aspects of their fruits. Their fruits lived and died with them. the audience never had ownership of the artists' work. They only had the pleasure and priviledge to listen, see and enjoy in the moment.

    I could further imagine that an artist could forgo their rights if they so desired. Or the rights to work not recalled/revoked could pass into public domain, etc. There could be a great number of permutations

    an idea....
    1. Re:Power to the artists??? by KDan · · Score: 5, Insightful

      No, that's a completely ridiculous suggestion, for several reasons.

      1) Artists build upon other artists. Some of the best pieces of art are composites of other pieces of art (Shakespeare being the classic example). This super-DRM'ed world would contradict that fact and make it much harder for artists to do their work. It would also make it impossible to create such art forms as satire, abbreviation, etc.

      2) This system would contradict one of the basic realities of this universe: ideas are infinitely duplicable at no cost other than the medium to store them. You can have all the DRM systems in the world - if your poem appears on my screen and I memorize it or write it down, I've made a copy. I can then repost it if I feel so inclined. Trying to control the technological gateways (enforcing DRM'ed hardware, etc) is ultimately a losing battle, like fighting the ocean with a broom.

      3) Such a system, to work perfectly, would by definition require real-time, detailed monitoring of everyone's activities that have anything to do with so-called "intellectual property". Apart from the huge technical challenge that this would represent (can you even imagine any IT company implementing this when they can't even create a centralised system of patient records without screwing up - see NHS PfIT), this would be a huge infringement on everyone's privacy. Or rather, it would be a complete eradication of the very concept of privacy.

      Daniel

      --
      Carpe Diem
    2. Re:Power to the artists??? by nschubach · · Score: 5, Insightful
      Then imagine that there be a system that allowed the publishing artist to exactly and precisely control how their content was used and or was available so that the publishing artist could revoke something they put out there but for whatever reason now regret. What would be wrong with that? It would be total control in the hand of an artist. Afterall, it is their work. Why not give them ultimate control?
      I always hated this argument. The reason being, no other industry works this way. When you buy your next car, does your dealer tell you that you can only drive it for three years and you cannot let more than 3 people drive it? (Leasing not included)

      Sure, I'll give you the argument that you can't copy [or clone] a car (yet) but to let the originator decide exactly how their product will be played or not played is exactly what I don't want.

      Don't buy the car analogy because they are in a different price bracket? Let's aim lower. Greeting Cards. You aren't given explicit instructions with your greeting card and told that you have to give the Happy Birthday card on your kid's birthday, and that day alone. You can buy the card and use it for any occasion if you want. It's always fun to give condolence cards for births, birthdays, or even weddings. :)
      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    3. Re:Power to the artists??? by spectro · · Score: 1

      If you are going to publish something you may regret you better don't publish it at all, once the genie is out of the bottle nothing can erase that information from people who have seen it.

      --
      HTML is obsolete. It's time for a new, simpler and richer markup language.
    4. Re:Power to the artists??? by geminidomino · · Score: 4, Interesting

      Would that be too much control in the artists' hands? It'd be like it was before technology, in the sense that the artist'd control all aspects of their fruits. Their fruits lived and died with them. the audience never had ownership of the artists' work. They only had the pleasure and priviledge to listen, see and enjoy in the moment.

      Art != Music (Whether or not music, especially contemporary music, is even a subset of art is a matter of opinion). Some of the greatest works of art in history were done 'for hire'.

      Unless you want to see an end to persistent recordings, you're advocating the same sort of BS "have thier cake and eat it too" setup we have now, except instead of some industry suits reaping the cash, it's the artist himself. If I buy a painting, I expect the right to put it on my bathroom wall, wipe my mouth on it, or have my picture taken in front of it. Same for a recording. If I want to listen to it in my cd-less car stereo, on my Neuros, or on my GP2X, I'm going to. I expect to control my own purchase.

    5. Re:Power to the artists??? by Saint+Fnordius · · Score: 3, Insightful

      Your argument falls flat when you take the print media into account. That is, unless you consider all technology and not just modern audio/video storage methods. Remember, copyright and publishing rights laws date back to the invention of the printing press.

      Artists have always been at the mercy of their patrons. Whether it was aristocrats contracting compositions or keeping musicians on retainer, or writers accepting a commission to write a penny dreadful. Artists were often paid in advance.

      There's also that dumb, dumb dream that you can take back what you said, or at least prevent it from being preserved for posterity. Much like how Tom Hanks tried to kill all reruns of Bosom Buddies, or how some composers like Richard Wagner tried to forbid others from playing their operas. Even your post here is now beyond your control.

      Today, musicians earn more by playing concerts than by cutting albums. Most of the budding stars only make an album as a way of improving their image. Groups are discovering that non-DRM'ed music on the internet is an excellent way to generate interest.

      No, the problem with studios is that they have grown accustomed to being the gatekeeper, and charging ruinous rates for using their distribution channels and production equipment. They are already losing control of production exclusivity. Now they are losing control of distribution. It's all about staving off the inevitable.

    6. Re:Power to the artists??? by Bloke+down+the+pub · · Score: 5, Funny
      Some of the best pieces of art are composites of other pieces of art (Shakespeare being the classic example).
      You clearly haven't seen his work in the original Klingon.
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    7. Re:Power to the artists??? by tomstdenis · · Score: 1, Interesting

      Whether or not music, especially contemporary music, is even a subset of art is a matter of opinion

      While I fully acknowledge there is some shite music/art/performance work out there, I should note that EVERY single generation has hated the art that comes after them.

      My parents don't listen to Green Day/Pumpkins/Oasis/etc, and I don't usually appreciate the "make a star diva" crap that seems to be more rampant than normal today (e.g. Kelly Clarkson can kiss my ass, stupid no talent digitally enhanced ass clown).

      Doesn't mean it's not an art form, just means it's a departure from what you're used to and it's hard to identify with.

      Personally, I apply at least one standard

      1. If you're not purporting yourself as a DJ, learn to actually play/sing without digital filters and enhancements. That is, if you actually claim you can perform live, actually be able to do it.

      The stupid boy/girl bands and American Idol "stars" are nothing more than people with HALF an ounce of talent and the rest is in the mixing. Then they claim it's all their talent and hard work ...

      Tom

      --
      Someday, I'll have a real sig.
    8. Re:Power to the artists??? by dirk · · Score: 4, Insightful

      1) Artists build upon other artists. Some of the best pieces of art are composites of other pieces of art (Shakespeare being the classic example). This super-DRM'ed world would contradict that fact and make it much harder for artists to do their work. It would also make it impossible to create such art forms as satire, abbreviation, etc.

      DRM in now way stops artists from building upon the ideas of other artists (copyright may stop this with the extreme measures it has been extended to, but not DRM). Shakespeare did not need to be able to make an exact quality of copy of other artists' works to build off of them. Neither did any of the musicians in history need to be able to make an exact copy of something they heard to use it and build off of it. The idea of art building off of arts means that artists hear/see what other artists have done and use it for inspiration, not that they make an exact copy of it. Artists have never needed to be able to make exact duplicates of other's work to find inspiration from other's work in the past anymore than they do now.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    9. Re:Power to the artists??? by indifferent+children · · Score: 3, Insightful
      If there were a total artist control type of rights management this idiot could retrieve (forever extinghuish the existence) the now-regrettable work posted to the Internet.

      Unfortunately for DRM to really work, and based on industry attempts so far, the analogy of being able to 'revoke' a post from a webhost falls short. Rather, DRM requires that the content creator has a back-door into your desktop computer that will let them erase the text of their comment that you have cut-and-pasted and any screenshots of their post that you might have made.

      I don't object to an artist being able to remove a song from their own download service. But their right to control file access stops at the edge of my machine.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    10. Re:Power to the artists??? by zotz · · Score: 1

      "It would be total control in the hand of an artist. Afterall, it is their work. Why not give them ultimate control?"

      So, you want to give the artist the ability to re-write history? What about the politician?

      (Honestly, that is a really bad idea. Worth putting out there for discussion, but terrible.)

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    11. Re:Power to the artists??? by packeteer · · Score: 1

      Sampling and mashups require an exact copy to be made initially. You are talking about simple inspiration which would still continue with DRM. However, now we are in another league of creation. Also even before sampling there was photography art that relied on making inital perfect copies of someone else's work and distorting them. The key is that the end work is an original creation that required the creator to have a perfect copy of someone else's work.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    12. Re:Power to the artists??? by packeteer · · Score: 1

      Of course very few people will argue that the make-a-star stuff has any real artistic value but you went a little too far i think. There are plenty of people who cant sing in key or even on the right note who can compose music with their voice live. As you said before, everyone generation hates what comes after them, and its not becuase of the actual merit or lack of in the new art. You cant identify with new music, even the good stuff but as you said yourself, there is some crappy stuff out there in any generation.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    13. Re:Power to the artists??? by Merkwurdigeliebe · · Score: 2, Informative
      reactions:

      1 . My idea was extreme in the sense that the artists retained complete control --technologically speaking, of their works. I didn't propose a way for people to forget the media/performance. Surely the audience and any artist amongst them would be able to listen and see any art and build upon it just as Shakespeare, for instance, and many others in history did in the manner of oral tradition. I only proposed total artist control DRM in the digital/technological sense not in the sense of people's memory. Satire, etc. existed way back when the stylus was the greatest technological achievement. It would nor be stifled.

      2. You bring up some good problems brought by point no. 1. Yet, it might be that many direct producers of digital media would not mind the analog reproduction of their works (just as oral tradition in the past was wrtitten down by a writer (one who writes --not one who authors) Besides, faithful non-derivative reproduction would require citation/acknowledgement to avoid plagiarism, etc.

      3. It need not by necessity require invasion of privacy. Moreover, it would be up to the artists to subscribe to and implement this on their works. You are arguing from the point of view that the consumer has more rights over a work than the artist who produced the work to begin with. If the consumer objected to this model they could very well choose among alternative mediums. In addition, the system need not be real-time. One could work on a sort of acknowledgement system where whenever the medium carrying/holding the DRMed payload need to check on the live status of a work occasionally and remain unchanged or change depending on the status.

      With IPV6 and most gadgets becoming connected to the internetwork it becomes less of an abstract concept and closer to possibility. It is not feasable today, but what about 10 or 20 years from now? Why not give all authors almost complete control over their works? How many artsis wish they could take back a song or a performance but due to technological limitations can't? Yes, some art would be lost into oblivion forevermore but an artist as an author is the one who decides whether or not to make something public in the first place. Why not allow them to revoke the art after the fact, if technically feasable? Why should we assume that the consumer of art has the foremost rights to something they did not create?

      Right now it is the media companies and the consumers who hold the most power. The initial artist has little control over their creations. What's wrong with giving them control back? PS. artist is not synonymous to multimillion-dollar artists. I mean anyone who creates art --including those who earn millions.

    14. Re:Power to the artists??? by hesiod · · Score: 3, Insightful

      > Greeting Cards. You aren't given explicit instructions with your greeting card

      Even though they don't tell you this, most greeting card text is copyrighted by the person who wrote it or the company that paid for it to be written. You cannot, for instance, legally make your own greeting cards that use the text from existing cards, just with different pictures.

    15. Re:Power to the artists??? by walt-sjc · · Score: 2, Interesting


      Imagine an idiot posts something he or she later regrets to the web. It's foreseable that some of them would wish to recall/revoke/delete what they posted to the Internet. Today there is no way to put the "genie" back inthe bottle. If there were a total artist control type of rights management this idiot could retrieve (forever extinghuish the existence) the now-regrettable work posted to the Internet.

      Imagine that you as a consumer PAID for a copy of that work, and then a week later found that you can no longer access the content you PAID for. I would bet that you would be a little miffed.

      Furthermore, you still haven't put the genie back in the bottle, it's still out, but you have deactivated private digital copies of the genie. For example: if you posted an anti-semitic video message on YouTube, the people who saw it will still remember it, and their comments talking about it will still exist. Don't forget that the analog hole still exists too - I can point a camera at my screen and record your video therefore bypassing your restrictions.

      IMHO, the lack of the ability for people to delete what they wrote (like on /.) should help train people to "think" before they stick their foot in their mouth. It's a good thing.

      Let's say that the audience never had ownership but simply could make micropayments

      Good luck finding the suckers willing to use such a system. Have you never dated a teen girl? They tend to listen to the same song 34,995,897 times. Your micropayments would have to be very Very VERY small to handle teen girls... You are better off selling your music on your own web site for $0.25 - $0.50 / song and keep 95% of sales instead of 2% like you do with the labels.

      It'd be like it was before technology, in the sense that the artist'd control all aspects of their fruits. Their fruits lived and died with them.

      Um, no. We still can read the writings of people who wrote books 1000 years ago, or painted pictures, etc. While we can't enjoy original performances of Shakespeare plays, we have the manuscripts to enable modern performances. Your "idea" is worse than no technology at all. If Shakespeare's works were in time-bombed e-book form only, they would be lost to the world.

    16. Re:Power to the artists??? by NoOneInParticular · · Score: 3, Insightful

      0) If I bloody pay for this piece of shite that this so-called artist created, *I* decide when, where and how I use it. It's sold, it's mine, my copy is no longer owned by the creator and he'd better keep his hands from it. The only thing I am not allowed to do is copy it in order to give it to someone else, that's the only right the artist retains.

    17. Re:Power to the artists??? by tkrotchko · · Score: 2, Funny

      "My parents don't listen to Green Day/Pumpkins/Oasis/etc"

      Well no wonder... these bands haven't had a new album out in years.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    18. Re:Power to the artists??? by Anonymous Coward · · Score: 1, Insightful

      No one else gets to rewind their life, why should artists?

    19. Re:Power to the artists??? by Ash+Vince · · Score: 5, Insightful

      These problem all reall stemmed from the Compact Disk and it replacing vinyl.

      We all happily went out and rebought our existing music collection on CD as it was alot more convenient than LP's. And in the process we generated a constant revenue stream as stuff was gradually re-issued. The problem is that this is now coming to an end for the record companies as they have re-released almost everything. They have certainly run out of the stuff with serious mass appeal.

      So they now have to look for a new way of extracting similar revenues that they have grown used to over the last 15 years out of a back catalog which most of us already own, possibly in more than one format. The problem is that they have already made it about as convenient as it needs to be and the quality is mostly there as well (Vinyl have better infrasonic performance).

      So rather than try and go back to surviving off the revenues they get from new releases which would result in a huge drop in profits they need an alternative. Without an alternative the problems would be very far reaching. The stock market is used to constant revenue growth. If profits fall it is far worse for a company than if they had never risen in the first place, expecially if the fall is not likely to be temporary. This is frequently what drives companies under if they are unable to downsize quickly enough.

      So faced with this dilemma the media publishing companies must find a way to keep the boon of the CD years going, and being that they didnt reinvest those record profits very wisely in new content production this is going to difficult. So they are choosing to try and keep the boom of the CD going by constantly selling us a new copy of stuff we already own indefinately.

      If you contrast this with companies like BP (who sell Oil) you see that they have invested their profits much more wisely. BP are now the worlds largest producer of solar panels and have started describing themselves as an energy company rather than an oil company.

      In a single phrase, "Diversify to survive".

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    20. Re:Power to the artists??? by Gr8Apes · · Score: 2, Interesting

      It does not have to be an absolute lossless copy, merely a good quality copy.

      Hint - there is no perfect photographic copy that can be made with film.... it's inherently lossy.

      --
      The cesspool just got a check and balance.
    21. Re:Power to the artists??? by compro01 · · Score: 1, Insightful

      *sigh* and my mod points ran out yesterday. this guy definitely has the idea.

      --
      upon the advice of my lawyer, i have no sig at this time
    22. Re:Power to the artists??? by Merkwurdigeliebe · · Score: 1
      Yes, but the thing is the artist could let the art lapse into public domain if they desired it so. If they didn't let it then, well, it'd be forgotten like many other works of ancient times. (You don't think that the Greeks and others wrote all works down or that they all survived over time.)
      Furthermore, you still haven't put the genie back in the bottle, it's still out, but you have deactivated private digital copies of the genie. For example: if you posted an anti-semitic video message on YouTube, the people who saw it will still remember it, and their comments talking about it will still exist. Don't forget that the analog hole still exists too - I can point a camera at my screen and record your video therefore bypassing your restrictions.
      I din't mean to imply this would happen tomorrow but a decade or two from now when certainly things could be watermarked (and recognized) appropriately and furthermore most vehicles of media would be connected one way or another. Given IPv6 it's not impossible.

      And what would be wrong with being able to revoke/retrive an embarassing video or soundbite? what about someone as a teen who does some misdeeds as a teen? In this system that trangression would not come back to bite him/her (except for those who have that knowledge in memory (what are friends for but to know our secrets anyway?)

      To answer someone's question posed before: Politicians and anyone working for the govermnet would be exempt from this "purging" aspect. That is, they would not be able to retrieve/revoke things said or performed as an agent of government as that would automatically be for public domain.

      Um, no. We still can read the writings of people who wrote books 1000 years ago, or painted pictures, etc. While we can't enjoy original performances of Shakespeare plays, we have the manuscripts to enable modern performances. Your "idea" is worse than no technology at all. If Shakespeare's works were in time-bombed e-book form only, they would be lost to the world.
      Initially I had in mind performance art, but I can see this applicable to non-ephemeral art in some ways too but not all. In addition, I see where there would be room for remedy for those whose art purchase was revoked. Artists would have to reimburse the prorated amount owed the consumer.
    23. Re:Power to the artists??? by CantStopDancing · · Score: 1

      No, but you can cut out the text (or picture) from a purchased greeting card, and paste it into a montage of pictures or what-have-you from other sources, and give *that* to someone else. "Derivative works" is I believe the term.

      --
      I'm running a pirated copy of Linux.
    24. Re:Power to the artists??? by Retric · · Score: 1

      Now, I don't purchase or download music any kind, so my exposure is somewhat but I don't think "Performing" qualifies as art.

      I don't care how talented a singer is if they don't crate the song they are not creating art. It's like calling a poodle prancing around a dog show "art" because art is more than the creation it's the creative processes.

    25. Re:Power to the artists??? by KlomDark · · Score: 1

      Snc whn is abrvtn an rtfrm?

    26. Re:Power to the artists??? by walt-sjc · · Score: 4, Insightful

      Yes, but the thing is the artist could let the art lapse into public domain if they desired it so. If they didn't let it then, well, it'd be forgotten like many other works of ancient times.

      I suggest you read up on the reason copyright laws have time limits. It is SPECIFICALLY so that works do NOT get lost forever.

      I din't mean to imply this would happen tomorrow but a decade or two from now when certainly things could be watermarked (and recognized) appropriately and furthermore most vehicles of media would be connected one way or another. Given IPv6 it's not impossible.

      So the only way to enjoy published works in your version of the modern world is to be connected 24x7x365 to the internet. No thanks.

      And what would be wrong with being able to revoke/retrive an embarassing video or soundbite?

      What would be wrong with rewriting history? Maybe we can pretend that Sadam was a kind and generous man that was good to his people. Maybe Paris Hilton wants to pretend that she is not a slut, or Mel Gibson wants to pretend that he didn't make anti-semitic remarks. There is nothing wrong with wanting to take back what you said, it's called an apology. There is nothing wrong with stupid teens posting embarrassing videos of themselves either, and later in life saying that we ALL do stupid stuff when we are kids. You learn from those mistakes. Your "system" attempts to eliminate consequences of doing bad / stupid stuff - sorry, that's just not a good thing for society.

      Artists would have to reimburse the prorated amount owed the consumer.

      So an artist that goes on a drug binge and goes crazy can take away my purchased right to listen to music he sold me back when he was sane? I don't want that, even if I DO get a partial refund. Considering how many artists are nuts to begin with, this is not a far-fetched scenario.

      DRM is bad, M'Kay? There are no redeeming values. You can attempt to create some bizzaro perfect-world scenarios where it could possibly work with a gazillion exceptions and conditions, but we do not live in a perfect world.

    27. Re:Power to the artists??? by teh_chrizzle · · Score: 1
      like fighting the ocean with a broom.

      i think it's more like playing chicken with a train.

      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
    28. Re:Power to the artists??? by cpt+kangarooski · · Score: 3, Insightful

      Why not give all authors almost complete control over their works?

      Why should we? How do we benefit from this? There are three types of public benefits with regard to creative works: 1) to have as many as possible original works created and published; 2) to have as many as possible derivative works created and published, and; 3) to have no or as few as possible (and for as short a time) restrictions on the public with regard to those works.

      If it causes more works to be created and published, then I am prepared to accept some limited, temporary restrictions, but only provided that the public benefit of the extra works outweighs the public harm of the restrictions. E.g. a million years more copyright that caused only one more work to be created and published would pretty certainly not be worth it; no matter how good that work was, we'd be better off without it.

      You are suggesting that we give artists the ability to un-create and un-publish works, which would largely try to erase whatever public benefit the creation and publication of the work had resulted in. It would also amount to a permanent restriction on the public, since the work would be irrevocably lost and could never enter the public domain. So I fail to see how there is any public benefit whatsoever. Because of that, I fail to see why I shouldn't deride this as an insane idea, and you as an idiot for having come up with it. You seem to be pretty selfish and short-sighted. The utilitarian model of copyright, which I've described above, and which is the foundation and constitutional justification for the whole thing, is interested in how we can better society generally, by spreading knowledge. You seem to not care about that, even though for any individual on the planet, they will always receive more knowledge from the amassed contributions of others, than they can ever possibly hope to generate themselves. They might generate something new, but never a greater quantity. We don't stand on the shoulders of giants; we stand on the shoulders of all the other people who came before us. You want to kick that over.

      Frankly, if your idea was so hot, why not use it in the patent field? Patents operate under the exact same utilitarian model as copyrights (save that it is concerned with the spread and use of inventions, rather than knowledge generally), so if your idea was good for one, then it would be good for the other, right? Well, some human being invented the wheel. Another invented walking upright. Another invented language. Another tamed fire. Why shouldn't we allow them, or their estates, to retract those inventions, turning us into crawling savage brutes, just to satisfy your moronic ideology? I wouldn't allow it, since I want to cultivate the greatest raw material (i.e. the most works, and the most inventions) to help society thrive. I don't give a crap about authors or inventors, save in how they can be exploited in furthering this cause. Since it seems the best way to exploit them is to give them rewards that are enough to encourage them to work, but not enough to outweigh the benefits of their work, that's what I do, and I do it happily, since society still gets the better part of the bargain.

      Have fun living in a cave, man.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    29. Re:Power to the artists??? by westlake · · Score: 1
      Some of the best pieces of art are composites of other pieces of art (Shakespeare being the classic example)

      Shakespeare was alert to stories and genres that were growing in appeal and significance to his audience: a vacant throne, a disputed succession that ends in civil war. But his version of the tale tended to submerge all that had come before.

      Shakespeare's plays were also his livelihood and the prime assets of his theatrical company. You do not go to law to settle performance rights when the throne and those close to the throne are your financial backers.

      This system would contradict one of the basic realities of this universe: ideas are infinitely duplicable at no cost other than the medium to store them.

      The key word here is "duplication."

      You can not copy what does not exist. The $100 million dollar production budget of a Pixar film isn't summoned out of the air. The storage or distribution media may be cheap. That doesn't guarantee the production or distribution of a reader or recorder that can be purchased without taking on a second mortgage.That doesn't guarantee the production of a reader or recorder that is anything but a sealed black box.

      I've made a copy. I can then repost it if I feel so inclined.

      Only if someone is willing to provide the postal service at a price you can afford and under the terms and conditions you are willing to accept. Uploads can be capped. Traffic can be monitored.

    30. Re:Power to the artists??? by Anonymous Coward · · Score: 1

      ZZ Top didn't make an exact copy of a Howlin' Wolf song either, but that didn't stop ZZ Top from being sucessfully sued for copyright infringement on the song La Grange.

      Or rather, ZZ Top's record company being sued by Howlin Wolf's record company, since American copyright law says all musicians are merely employees of whoever records their art.

      IMO, the extended copyright you speak of is worse than DRM, if not from a customer's perspective, than from an artist's.

      Copyright should be no longer than 20 years, a work should lose its copyright if it's off the market for 5 years, and if a work is protected by technology (DRM) it does not need copyright and should lose its copyright.

      But since your government (where ever you live) is controled not by the peoiple, but by the corporations, it will never happen. You have no rights except what Exxon/Sony give you.

      -mcgrew (sm62704) @W

    31. Re:Power to the artists??? by Tim+C · · Score: 1

      This system would contradict one of the basic realities of this universe: ideas are infinitely duplicable at no cost other than the medium to store them.

      Unfortunately, an attendant basic reality is that the production of (good) ideas is hard and time consuming, and transforming the basic idea into a completed work (be it a book, film, play, song, painting, etc) can be exorbitantly expensive and time consuming.

      Just because you or I can copy a DVD in a few minutes using a couple of pounds worth of disk space doesn't mean that the DVD itself was so easy or cheap to produce.

    32. Re:Power to the artists??? by hesiod · · Score: 1

      Of course, you can give it to whomever you please. But you cannot sell copies of it.

    33. Re:Power to the artists??? by Maxo-Texas · · Score: 1

      It may be time consuming (for prolific authors, it's often not).

      The cost is a very relative thing. I mean, food and shelter can vary a great deal in expense depending on where you live in the world. Creators have historically lived in less expensive parts of the country- it's possible they just can't afford to create in the more expensive parts of the world.

      However, we do not owe them a living for life for creating one thing. At most we owe them a reasonable wage compared to the rest of society. Clearly that's not the case these days so they have managed to warp the rules to their favor. So they are getting pushback from everyone else.

      However, the article's point is that it's not about us pushing back- it's about them pushing us even harder.

      I feel with such a HUGE glut of entertainers, that this issue is going to correct itself. For example, I havn't tuned into ABC, CBS, or NBC pretty much since about 1997 or so. They got crowded out by everquest, ultimate, Monk, Dead Like Me, etc. The fact is that entertainer's audiences are shrinking fairly rapidly. Other than the rare "Harry Potter", we have increasingly tiny groups of fans around entertainers compared to the wierd period of the 1940's to the 1980's.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    34. Re:Power to the artists??? by oyenstikker · · Score: 1
      DRM will not stop satire or building on other people's work. To quote from xpdf.com:

      "But copyright law allows me to quote parts of a document under the fair use provisions -- and Xpdf is preventing me from doing that." Not really: you're still free to quote the document the same way you would a newspaper article, i.e., by retyping the text.


      DRM is not going to stop you from making satire or from building on another's work. It would just make you do the work yourself, just like the original author did. Poor baby.

      (DRM stopping you from running software that you wrote on a computer that you bought is a whole separate issue.)
      --
      The masses are the crack whores of religion.
    35. Re:Power to the artists??? by Anonymous Coward · · Score: 0

      not so. DJ's, for example, need exact copies of music for samples so they can mix their beats. in fact, anyone doing any sort of electronic music needs copies of other songs if they want to pull samples from them.

    36. Re:Power to the artists??? by shaitand · · Score: 2, Interesting

      True. DRM simply stops the purchaser of content from excercising their fair use rights. Like using the content on different devices, making backup copies in case media gets scratched, etc.

    37. Re:Power to the artists??? by saltydogdesign · · Score: 1

      True, but Shakespeare damn well would have had his pants sued off for copyright infringement if he were working today.

      --
      // This is not a sig.
    38. Re:Power to the artists??? by mounthood · · Score: 1
      Great GrandParent:
      Shakespeare did not need to be able to make an exact quality of copy of other artists' works ...
      Parent:
      It does not have to be an absolute lossless copy, merely a good quality copy. Hint - there is no perfect photographic copy that can be made with film.... it's inherently lossy.
      So it's all about the method of copying? So long as its not digital, it's OK?
      --
      tomorrow who's gonna fuss
    39. Re:Power to the artists??? by Anonymous Coward · · Score: 0

      bad argument

      the fact that you imply that another 'artist' need not have an 'exact' copy of an 'original' art so as to make personal, 'unique' art of his ownn such that others might be 'influenced' by his 'original' art .. and so on and so on ...

      if you are agreeing that 'original' art has the full and all-intended potential and purpose to be 'inspired', then you cannot jump the fence and then argue that the original 'artist' has a right to keep anyone from creating an 'exact' copy. MOREOVER, i would argue that which the 2nd 'artist' hears is not only a) completely unique from what artist 1 had ever imagined, created, sold, COPIED to disk...whatever it may be ...

      suddenly we have the ability to make near-exactly-as-you-would-hear-it-live recordings and such, that somehow that technology is merit enough for you (the artist) to say that NO ONE can make a copy, regardless of the medium or intent.

      it is the overuse of copyright laws that have led to drm, and it will be the reformation of said misuse that will re-align the resulting consequence ...

    40. Re:Power to the artists??? by DamnStupidElf · · Score: 1

      DRM in now way stops artists from building upon the ideas of other artists (copyright may stop this with the extreme measures it has been extended to, but not DRM). Shakespeare did not need to be able to make an exact quality of copy of other artists' works to build off of them. Neither did any of the musicians in history need to be able to make an exact copy of something they heard to use it and build off of it. The idea of art building off of arts means that artists hear/see what other artists have done and use it for inspiration, not that they make an exact copy of it. Artists have never needed to be able to make exact duplicates of other's work to find inspiration from other's work in the past anymore than they do now.

      Considering the fact that media companies are pushing technology to both watermark and recognize digital works, it's very likely that at some point these systems will prevent works based on an original from being created. "The song you recorded contains a riff from song X, and will be deleted" or "The picture you have taken has elements from Painting Y and product brand Z is visible, and will be deleted" would be music to the ears of any record or movie company executive. I highly doubt that the implementors of such software will err on the side of caution and fair use, because that would allow for a small loss of profits to their employers.

    41. Re:Power to the artists??? by nine-times · · Score: 4, Insightful

      Huh... that seems very obvious, but I've never thought of that before. When you first said the problem originated with CDs, I assumed you meant because it was the first digital medium available to consumers, and therefore the first to allow duplication without degradation of sound quality, which allowed better "piracy".

      But, if I can try to sum up your post, you're suggesting that CDs were the first new medium that offered significant improvement to cause consumers to re-buy the music they already owned. Therefore, the copyright owners grew dependant on the revenue stream of people re-buying their works, in spite of the fact that they already owned copies. Now that people are done replacing their records with CDs, record companies are trying to devise a new way to force consumers to continually re-buy a product in order to maintain that revenue stream.

      That sounds right to me. It seems like the intention is to get you to buy a new copy of each song for every new device you buy. One works with iPods, a different one with your Zune, yet another for your PlayForSure device, and a fourth for your cell phone. This also seems to be the intention with HD DVD media. People have finally replaced their VHS tapes with DVDs, and now they expect you to replace your DVDs with HD.

      To me, it seems worth noting the obvious: this is not what copyright law was meant for.

    42. Re:Power to the artists??? by init100 · · Score: 1

      Unfortunately, an attendant basic reality is that the production of (good) ideas is hard and time consuming, and transforming the basic idea into a completed work (be it a book, film, play, song, painting, etc) can be exorbitantly expensive and time consuming.

      I'd argue that the generation of ideas is easy, while implementation is hard. Everyone can come up with an idea for a nice software program, or a nice program feature. Not everyone can implement this idea into a working program. That is why software should not be patentable (patents protect ideas) but only protected by copyright (copyright protects implementation). This protects the bulk of the investment put into the program, and allows competitors to implement similar programs but not copy the implementation.

    43. Re:Power to the artists??? by MeltUp · · Score: 1

      Power to the artists? No! Artists are fewer in number than the public. We should strife to please as much people as possible, so I call for complete power to the public. No copyright whatsoever.

      But then you'll need some way of encouraging and creating artists, and allowing them to make a living/profit.
      I see only 2 ways there, and they're both as bad as DRM (which will either fail, or be a totalitarian, monopolistic nightmare). Either you let fans pay artists on a voluntary basis, which will fail, because people are mostly egoistic.
      Or, you can have a tax system, with some government agency figuring out which artists is entitled support. But it will obviously do a bad job (as it's a government agency).

      Which disease do you prefer?

      --
      Computers are useless. They can only give you answers. -- Pablo Picasso
    44. Re:Power to the artists??? by init100 · · Score: 1

      If there were a total artist control type of rights management this idiot could retrieve (forever extinghuish the existence) the now-regrettable work posted to the Internet.

      They have to think before they publish. They already have total control over their works before they publish them. By publishing, they agree that they won't have total control over their works anymore.

    45. Re:Power to the artists??? by init100 · · Score: 1

      And what would be wrong with being able to revoke/retrive an embarassing video or soundbite?

      I want my computer to obey me, not some third-party that suddenly want to rewrite history.

      And I also happen to like F/OSS software, which is fundamentally incompatible with DRM. If I am allowed to modify software on my machine, I could add code that removes the DRM from a DRM:ed file. See the incompatibility? DRM requires that only a select few high priests of certain companies are allowed to write software.

    46. Re:Power to the artists??? by Hamfist · · Score: 1

      K to J during Men in Black:
      This is going to replace the CD soon, so I'll have to buy the White Album again, Ah...

    47. Re:Power to the artists??? by Anonymous Coward · · Score: 0

      You are an artist and want complete control? Then keep your work to yourself and do not release/sell it. You want to control how it is copied? Thats right! Copyright laws already exist and no the artist doesn't get to tell me how I am to listen or use the work outside the scope of the law.

    48. Re:Power to the artists??? by Gr8Apes · · Score: 1

      My response had nothing to do with the now GGGP. The current GGP made a claim that perfect copies were required. I pointed out that was a fallacy.

      --
      The cesspool just got a check and balance.
    49. Re:Power to the artists??? by PitaBred · · Score: 1

      Good comment. I always return to "If you want to keep an idea to yourself, don't tell anyone." Artists should be paid for performance, for things they create. If you want to keep your digital painting as yours, sell only analog copies (prints). If you want to keep your music yours, don't sell recordings. Play music for your money. "Artists" are the ONLY class of people who expect to still make money on shit they did years ago. I don't expect to make money off the contributions I've made to different programs over the years. Why the hell should an artist (or the RIAA) keep getting revenue for something that isn't actively contributing to society or doing anything?

    50. Re:Power to the artists??? by newt0311 · · Score: 1

      I think copyright should be moved into the arena of contrctual law. The contracts can be as flexible or stringent as the parties agree on. People may argue about the problem with public displays but that can be built into the contract. Atleast this way, people have a choice and morket forces can start coming into play instead of the one size fits all system that we have here where everything is subject to copyright and as a result, market forces can not lower the price and increase efficiency.

    51. Re:Power to the artists??? by PitaBred · · Score: 1

      I pay to go to concerts. The artist can then play music, and get money for his work. I do NOT pay for music that has been recorded, and is being used to pay for posh lifestyles for heirs of artists who've never done any work in their life, or for artists who did one interesting thing years ago and are trying to live off it forever. I don't get perpetual remunerations for the work at the grocery store I did.

    52. Re:Power to the artists??? by QRDeNameland · · Score: 1
      Imagine an idiot posts something he or she later regrets to the web. It's foreseable that some of them would wish to recall/revoke/delete what they posted to the Internet. Today there is no way to put the "genie" back in the bottle.

      And guess what? There has *never* in human history been a way to retract an idiotic statement once it made in public, whether via speech, print, or electronic communication. This is not due to any law of man, but due to the laws of nature.

      So what now makes it imperative to defy the laws of nature by attempting to control ideas?

      It'd be like it was before technology, in the sense that the artist'd control all aspects of their fruits.

      How did the "pre-technology" musician prevent anyone from copying their work? Mind control?

      --
      Momentarily, the need for the construction of new light will no longer exist.
    53. Re:Power to the artists??? by packeteer · · Score: 1

      You are right that you CAN makea mashup with a lossy copy of a song but that will lead to inferior new art.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    54. Re:Power to the artists??? by martyros · · Score: 1

      That's an interesting idea, but I don't quite buy it. What percentage of the recording industry's revenue in the 90's was really due to people buying replacement for their vinyl or tapes? I'd be shocked if it was even close to (to pick a number out of a hat) 10%. If everything were going according to the status quo, a 10% loss should be no big deal. Then again, I'm not a business executive.

      One of the problems, it seems to me, is that the record companies even think in terms of "intellecutal property". In real-world, property is something you invest to buy, and then it can make money for you. You can rent it, farm it, etc. and all you need to do is maintain it or "work" it. They want to treat their songs like that -- something that can just magically keep creating money for them if they maintain or work it right.

      The problem, of course, is that the analogy of "property" breaks down for "intellectual" things:

      • You can't make more real property, but you can make more intellectual property.
      • You can't copy real property infinitely at little or not cost, but you can copy intellectual property at little or no cost.

      Of course, making more of it is harder than just farming what they have, so they're trying to make a farming system so they don't have to work as hard.

      --

      TCP: Why the Internet is full of SYN.

    55. Re:Power to the artists??? by AJWM · · Score: 1

      "Derivative works" is I believe the term.

      No, a derivative work is a modified copy. What you're talking about is an application of the "first sale" doctrine -- after you've bought a legitimate copy, you can do whatever the heck you want with it (including cut it up and resell it) -- except copy it. The original seller only controls the first sale.

      (Textbook publishers would love to do away with this because of the potential sales they lose to used copies. Some of them are trying interesting tricks to do this, including "licensing" rather than "selling" the books.)

      --
      -- Alastair
    56. Re:Power to the artists??? by pumpkinescobarsof2 · · Score: 1

      don't forget about the cassette link in the vinyl->cd chain

      i've got a friend who bought sabbath in all three mediums

      the GP is bang on... drm is all about making sure consumers 'upgrade' whether they want to or not

    57. Re:Power to the artists??? by nine-times · · Score: 1

      oh, and the 8-track. Let's not forget that.

    58. Re:Power to the artists??? by Anonymous Coward · · Score: 0
      I guess I'm just at the right age (37) to have owned some music on four (or more) mediums. One of many examples: I've had "The Wall" on 8-track, (had a portable player!), a record (that artwork never looked better), cassette (can't remember why, probably portability again), and finally CD (portability, better sound quality over cassette). I also have "The Wall Live 1980" CD and the VHS movie. I will never buy "The Wall" again, not remastered (it has been), repackaged, not autographed, not on DVD.

      For a long time I was burned out (no pun intended) on listening to Pink Floyd, same songs, same versions. Then, thanks to the internet, I discovered live bootlegs of "The Wall" and other Pink Floyd tours in varying quality. It's great to hear the same music I've owned in three or four mediums actually performed live (and often revamped) by the musicians. Internet bootlegs (not a new medium) has reignited my appreciation of several artists.

    59. Re:Power to the artists??? by StrongAxe · · Score: 1

      What? You don't make micropayments whenever you listen to a song or watch a movie? Everyone else does.

      Without even thinking about it, you are using electricity to run your DVD player or iPod, so every time you play a song or a movie, you are already paying for it by the minute. But the cost is sufficiently reasonable that you do it without even thinking about it (unless you use a totally battery-operated unit where you keep having to replace the batteries, but even then, people who use such devices are willing to pay the cost to do so).

      In an ideal world, the cost of the content itself would be in the same range, so people would be willing to pay for it without question, and the content creators (i.e. artists, NOT the distribution companies like the RIAA and MPAA) would get their microscopic cuts each time.

    60. Re:Power to the artists??? by Mike89 · · Score: 1
      I started to respond when this wasn't moderated at all, now it's moderated funny. So I'll just continue not getting the joke and post my original response.
      Well no wonder... these bands haven't had a new album out in years.
      Are you kidding? Green Day had American Idiot.. last year, I believe, or 2005. Oasis had some album (according to TorrentSpy). The pumpkins aren't even in the same generation, are they!?
    61. Re:Power to the artists??? by LittleBigLui · · Score: 1
      if they don't crate the song they are not creating art

      What constitutes creating a song? Beethoven didn't write the lyrics for the choral part in the final of his 9. symphony himself. Plenty of composers wrote specific arrangements of other people's songs. Is that all without artistic value?

      What about dancers that perform a choreography created by someone else? Think Swan Lake, not New Kids On The Block.
      What about cover versions?
      --
      Free as in mason.
    62. Re:Power to the artists??? by pfleming · · Score: 1
      You clearly haven't seen his work in the original Klingon.

      I'm beginning to think this place is full of geeks.
    63. Re:Power to the artists??? by gfreeman · · Score: 1

      Alas I forsee a market for "Congratulations on being sued for copyright violations!" cards.

      --
      Ceci n'est pas un sig.
    64. Re:Power to the artists??? by bandmassa · · Score: 1

      Until the Amen Break became the most sampled/mixed up/mashed up beat in music history, anyway ;)

      Can I get me an Amen, Brother! ;)

      --
      "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
    65. Re:Power to the artists??? by CantStopDancing · · Score: 1

      You're right. Thanks for the correction.

      --
      I'm running a pirated copy of Linux.
    66. Re:Power to the artists??? by julipan · · Score: 1

      Why should we? How do we benefit from this? There are three types of public benefits with regard to creative works: 1) to have as many as possible original works created and published; 2) to have as many as possible derivative works created and published, and; 3) to have no or as few as possible (and for as short a time) restrictions on the public with regard to those works. How about 4) to have as many GOOD works, original or derivative, created and published...?
      If the economic incentive for musicians hadn't been conforming to the mainstream and thereby appealing to the music companies, but rather to find their own audience, on their own, chances are music generally would be a lot better. In such a scenario DRM would only prevent the music from being heard and thus the artist from being discovered by potential fans.
      --
      I'm not like other individualists.
    67. Re:Power to the artists??? by cpt+kangarooski · · Score: 1

      How about 4) to have as many GOOD works, original or derivative, created and published...?

      And who would judge artistic merit? The government? Artists that are already established, may be artistically conservative, and who are competitors with a clear conflict of interest? Critics, who suffer from similar faults?

      I'm sorry, but it's just not viable. There is no such thing as objective artistic merit; all works are good to someone, and all works are bad to someone. A rule of thumb is that 90% of all works created are crap, but that which works fall on which side of that ratio will vary depending on who you ask. Since it's a pretty constant ratio, the only way to encourage the creation of more good works is to encourage the creation of more works period. Copyright is meant to, among other things, encourage the creation of more works period. Quality is irrelevant to copyright policy, but quantity is very important.

      Besides, a copyright is not a direct financial reward, it's a temporary, limited monopoly on the profits that can be derived from a work. The profits may be great or small, but all copyright does is focus them. This means that an author who creates an unpopular work, regardless of artistic merit, will not profit from it. An artist who creates a popular work, regardless of artistic merit, will profit from it. The value of a copyright is directly tied to the market. If you wanted to specifically encourage good works, setting aside that there's no way of knowing which works are good, particularly over long periods of time, you'd have to set up rewards for them that were not connected to the market. NEA grants are similar to this. However, it's not a system that works all that well: you'd need a lot of money to fund it, you'd have all the problems in determining merit as already mentioned (some of which will result in works not getting supported due to conflicts of interest, etc.), and you'd probably find that it wasn't effective for certain artists, genres, or even classes of works, due to the lack of money involved (e.g. would it be enough to fund a "good" $200 million summer blockbuster movie?), due to difficulty in contacting the artists and getting them to participate, due to the possibility of being flooded with submissions that take time and money just to sort through, etc.

      Patents are similar to copyrights in that the kinds of incentives, public policies, etc. are alike, just in different fields. This sort of thing has been tried extensively in the field of inventions, and it has never really worked all that well. Probably one of the more famous examples is the Longitude Board in England that was trying to get people to solve the longitude problem. The man who did solve it didn't get his reward until very late in his life, after long fights with the Board who deliberately made things difficult for him (since some members didn't like his solution), thanks to the personal intervention of the King.

      On the whole, I'd say that the market-based solutions of copyrights and patents that ignore quality and focus on quantity, are the way to go. While you seem to say that you don't like mainstream music, it's not the fault of artists or the system that it is popular and that therefore that is where the money is.

      --
      -- 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.
    68. Re:Power to the artists??? by Anonymous Coward · · Score: 0

      No kidding???

  24. I've seen that dollar by Anonymous Coward · · Score: 2, Funny

    Hey, I got the almighty dollar in change for a pack of twinkies once. It's a little thicker than regular dollars but otherwise doesn't look too different. I didn't know people were questing for it, I would have held on to it instead of using it to pay at the carwash.

  25. A shining example to all Slashbots by Anonymous Coward · · Score: 2, Interesting

    No, sorry, I still don't see any admission there, and certainly not one by 'Hollywood'. All this 'unnamed executive' said was that he thought the DRM in the iTMS was too lax.

    You can let your own agenda colour your thoughts as much as you like. I'll stick to seeing the argument from both sides, thanks.

    PS Your comment about it just being the word order that's different is just icing on the cake!

    1. Re:A shining example to all Slashbots by Anonymous Coward · · Score: 0

      Mod parent -1 troll.

  26. Re:not about piracy? really? by Jessta · · Score: 1

    "Fair use", as long as you are using their software/portable devices. If you can burn them to cd then the DRM serves to use as you can get around the DRM by ripping the cd back to mp3. I can't imagine they would want to allow that.

    --
    ...and that is all I have to say about that.
    http://jessta.id.au
  27. Specious logic. by Anonymous Coward · · Score: 1, Insightful

    "There is simply no evidence whatsoever that DRM slows piracy. In fact, all of the evidence suggests the opposite, and arguments that DRM "keeps honest people honest" are frankly insulting. If they're already honest, they don't need DRM."

    Arstechnic knows this is poor logic. If people are already honest, then there's no need for ANY laws of any kind. No speeding laws because people are already honest. No embezzlement, or fraud laws because people are honest.

    Also I would like to see "all of the evidence" for myself, instead of some "unamed source". This is not "Deep Throat", or "Watergate". Let's not let our standards slip because we really want the outcome to be a certain way.

    1. Re:Specious logic. by Indefinite,+Ephemera · · Score: 1

      'Honest people' is a subset of 'people'.

      The quotation doesn't prove that dishonest people don't invite DRM; but I suspect that in itself, it's not meant to.

  28. There's no gun to your head by Anonymous Coward · · Score: 0

    n/t

  29. In today's edition... by The+Master+Control+P · · Score: 1

    In-depth studies at the Institute For The Blindingly Obvious have confirmed that large corporations may sometimes behave in ways that do not benefit the users of their products. Followup studies reveal that despite the fact that this is blindingly obvious, many people uncritically believe anything they see on TeeVee. Sometime in May 2007, we expect the release of a groundbreaking study by our sister organization, the Ric Romero University Of Things Everyone Already Knows, which will purportedly claim that music and film labels are obsolete in the Internet Era. Stay tuned for the Institute's investigative segment, where our undercover reporters hope to either confirm or dispel rumors that many executives in the entertainment business are megalomaniacs and/or control freaks.

    Other stories coming up on the 11 o'clock segment: That hot girl you met in the AOL chatroom? She wasn't hot, and she was a he. This shocking story of one nerd's attempt to meet a real woman. Also, the sky is blue and bears shit in the woods.

    >>> But seriously, the entire MAFIAA business model is built around controlling you (the buyer's) access to the artist's work. The Internet shatters that, and they're terrified by the realization that they are now redundant elements in a capitalist system.

  30. Customer lock-in by Jugalator · · Score: 1

    Yes, that, and customer lock-in to proprietary DRM are some pieces of the DRM puzzle.

    When you see Microsoft switching from their PlaysForSure DRM to Zune's own for its marketplace as that player is released without quoting security problems with the PlaysForSure tech, you know there are other things under the hood. Similarly, Apple is reluctant to opening up their FairPlay (why do they keep picking oxymorons for these techs?) standard to others because it could impair Apple's market dominance.

    It's really sad that outside organizations to keep market competition, business practices, as well as user rights in check aren't more involved in this.

    --
    Beware: In C++, your friends can see your privates!
  31. Its about bugs by Anonymous Coward · · Score: 0

    Since DRM allows for new and presumable unknown kinds of defects, it has to be implemented. That's because software development is about bugs. The more bugs the better.

  32. Yes you're missing something by Anonymous Coward · · Score: 0

    "am I missing something here?"

    Yes, you can't play them on non Apple equipment without paying again (at least for a CDR per 10 tracks, or worse an Audio CD+ cost of your time), you also can't stream them on a Sonos high end audio system, or use them on the device of your choice.

    So you're saying the water is only warm, croak, and you're happy and comfortable, croak, in the warm water, croak croak....

    Original iTunes let you burn 10 copies, last I looked it was 3. When the CD format ends it will be zero.
    It's also put Apple in a position to milk the record companies of all their profits. Gates is unhappy because he had the idea to milk them of their profits first! How dare Apple steal his evil plan! Locking in a middleman, even Apple is a bad idea.

    "I'm playing around with some services that offer $15 / month all-you-can-eat music. this wouldn't be possible without some heavy DRM."

    The problem with that is it's not all you can eat, it's all you can *taste*. You can't let them eat it because then they won't continue paying. But they won't pay if it's all you can taste, so you pretend it's an all you can eat buffet. Not many people want to pay a license fee to listen to old music, and they don't know if next years music is worth paying for because they can't see into the future. Yet they know that if they stop paying, they can't listen anymore. The DRM enables a market that has no demand.

  33. You ALWAYS have a choice by stretchsje · · Score: 2, Insightful

    ...at least in this business. Who makes you buy HD-DVD or online music? If you buy it, you're doing so because- despite DRM- it's worth it to you. Now, on the other hand, if the music industry charged you more for DRM-less media, would you be happier in the long run? (Whether or not they'd need to is debatable, but that's not the question.)

    1. Re:You ALWAYS have a choice by name*censored* · · Score: 2, Insightful
      Ah, but therein lies the flaw in your statement. I *know* I would pay more for DRM'less media, but no-one offers me the option between cheaper/DRM/crippled/low-bitrate audio and the same song but more expensive/non-crippled/non-DRM'd/high bitrate IF THEY OFFERED IT, solely for the reason of telling the industry just how pissed off I am at DRM. But they don't offer it. And I know that I can help change their minds by voting with my chequebook - the entertainment industry DOES understand what consumers want through their purchases. Look at how many shows have been revived with DVD sales, or how musicians on tour always sing the songs that were popular as singles or popular online.

      And I buy online music because I may like one song off an album but don't want to fork over $20 for additional songs I don't care for, a-la CD Music. It's unfortunate that there's no LEGAL DRM free alternative (as far as I'm aware), but since the DRM'd folks have a cartel on the market, there's not a lot I can do about it.
      --
      Commodore64_love: I don't comprehend people who're so frightened of death that they'll bankrupt themselves to stay alive
    2. Re:You ALWAYS have a choice by Kelbear · · Score: 2, Insightful

      It's not really a cartel, it's more of a highly differentiated product. The differentiation is such that it grants them monopoly powers. You want Britney spears? Well, if you don't like the DRM, then here, listen to some Jack Johnson. There's lots of different kinds of music out there, but there's not always in direct competition since you're not looking to buy a song, you're looking to buy a specific song, and they have monopoly power in that situation since others can't offer you what you want.

      The thing is there's lots of DRM-free music if you want to look for it.

      But the problem is, there's lots of DRM-free music /if you want to look for it/.

      The majority of people do not, and that's the service the RIAA provides. They don't want to hunt down good artists, they want it shown to them, so the RIAA picks out what they think will sell and show it to the masses who will buy what they're shown. It's advertising.

      Whether or not the independent artist is better or not becomes irrelevant if the market doesn't know about them. So it the DRM is just something you accept in order to buy the music that has been advertised to you.

      If at somepoint the DRM becomes too bothersome, or the music offered becomes too distasteful, people will look for alternatives. It's when they look for alternatives that they find them. People will choose what they find more favorable, RIAA-music without searching, or indie-music without DRM, but with searching. Hopefully in the future there will be labels who will provide the advertisement without the DRM and stay competitive. This problem will end up solving itself eventually.

    3. Re:You ALWAYS have a choice by Res3000 · · Score: 2, Funny

      want Britney spears? Well, if you don't like the DRM, then here, listen to some Jack Johnson. That's an easy decision....
  34. Re:not about piracy? really? by rich42 · · Score: 1
    from what I've read - iTunes -does- let you do this (if I'm wrong - smack me down). I suspect they could've simply chosen not to include this functionality if they wanted to.

    could you imagine the additional legal / licensing pains to iTunes if they wanted to "share" with Microsoft-DRM devices? and that's just in addition to Apple not wanting to do anything to help undermine their semi-monopoly.

    I'm both a software author, and a libertarian.

    I certainly use DRM myself - but I don't believe in trying to have government enforce it (not that they'd help in my case).

    My hope is that DRM let's music companies offer music "cheaper" than free - that is it's inexpensive enough where it's not worth the pain of limewire / whatever. $15 / month is getting close. If someone could get any music they wanted for a $7.99 / month - even with DRM - would they really bother doing anything else?

  35. Oh and one more thing, MP3 by Anonymous Coward · · Score: 0

    "no one's (OK, almost no one) is going to sell you a pre-ripped MP3 - ready to share via limewire"

    http://www.pcworld.com/article/id,124676-page,1/ar ticle.html

    "The digital media watermark used in the Fraunhofer system also contains a "hash value," which creates a link between the content provider and registered purchaser. "The hash value is like a fingerprint; it contains unique information about the user," Kip says.

    So they can make MP3's that embed a purchaser ID in a way difficult to remove, and as long as they don't given any tools to test if the mark as been successfully removed, the pirate has no way of knowing if they've successfully remove the ID that identifies them as the buyer.

    The MP3 isn't put on limewire because it traces back to the buyer. Yet it's a regular MP3, plays on anything and free from the negatives that the DRM solution has.

  36. Well, Duh by segedunum · · Score: 1

    Amusingly, it's why DRM schemes and this digital home thing Microsoft funnily thinks is coming will never work. The content owners want you to buy your films and music all over again, or even better, to rent your own content to you. Stop paying and you have no content. It's how a lot of Windows Media based stores work, and as soon as people realise it, they immediately stop paying.

    The only DRM scheme that works is Apple's, and that's because they were clever enough not to get down on their knees in front of the studios and promise them anything, which is what Microsoft has done.

    1. Re:Well, Duh by Whiney+Mac+Fanboy · · Score: 1

      The only DRM scheme that works is Apple's, and that's because they were clever enough not to get down on their knees in front of the studios and promise them anything, which is what Microsoft has done.

      Incorrect on both counts.

      1) Apple's DRM scheme does not work - it blocks fair use & impedes a user's rights like the others.

      2) Apple did get down on their knees in front of the studios and promise them anything.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    2. Re:Well, Duh by segedunum · · Score: 1
      1) Apple's DRM scheme does not work - it blocks fair use & impedes a user's rights like the others.
      Wow. So most people I see do not have iPods and don't use iTunes? You're allowing your view of the whole thing to get in the way of the fact that Apple's DRM is the only scheme that is anywhere near used in a popular manner, and that it simply doesn't get in the way. You don't rent your content and you can still burn to CDs.

      2) Apple did get down on their knees in front of the studios and promise them anything.
      Do you have any evidence at all for that, and what they promised and implemented? You're not renting your content (which is what the suits and really want and you can still burn to CD. They didn't implement anything that Microsoft has in Vista. Jobs specifically argued for that when creating iTunes, because he recognised that they were competing against pirated content and networks. It's the primary reason why people buy anything from iTunes.
  37. F__k em-Buy 'em. by Anonymous Coward · · Score: 0

    Except that statement flies in the face of the "But I'm not hurting anyone, because I never would have bought it anyway". Customers buy. Customers have a voice. You guys have neither.

    1. Re:F__k em-Buy 'em. by Headcase88 · · Score: 1

      'We' don't, but 'they' do, and if DRM goes too far, soon enough Joe Sixpack will notice.

      Thing is, they won't go 'too far'. I'm sure their strategy is to tighten DRM slowly but surely until it eventually takes away functions 'we' and 'they' used to take for granted, without 'them' really noticing. Hopefully they'll have trouble with that.

      --
      "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
  38. What bothers me the most is that Congress ... by WindBourne · · Score: 3, Insightful

    is partaking in this and pushing for DRM everywhere and lose of fair rights. It use to be the dems who pushed this. But anymore these days, the neo-cons (who are the majority of the republicans) are also behind it. It seems to be that rather than fight each and every one of these initiivies, we need to cut the beast off at the knees. The only way that I can think to do that is to prevent money flow from lobbyist to congress reps. And the only way to prevent all of the is to implement Joel Hefley's ideas on corruption prevention. All in all, if we want America to be the land of the people, and by the people, and for the people, we are going to have pony up the funding of the election process. Otherwise, this will remain the land of the high bidder, of the highest bidder, and for the highest bidder.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  39. Re:not about piracy? really? by frog51 · · Score: 1

    Definitely missing something - iTunes as it currently stands will only let me play music on one of my players. It won't let me transfer to my car (unless I make a CD and re-rip, thus losing quality), to my mp3 players (none are Apple), to my home audio server or other devices. DRM does nothing but mean I have to find other sources of music

  40. DRM - It's Not Really About Piracy by suv4x4 · · Score: 3, Insightful

    TFA - It's Not Really About What It Says In The Title

  41. Stunned! by geoff+lane · · Score: 1

    Stunned! Stunned I tell ya!

    If you were to tell me that the Boy Gates has $50 billion in the bank I wouldn't be more Stunned!

  42. mutiple downloads. by Anonymous Coward · · Score: 0

    Funny. That's not an issue for the piratebay crowd. Get off the "I got to buy it" bandwagon, and get onto the "I got to download it" wagon. You'll be happier, and your ISP will be happier.

  43. Duh by John+Pfeiffer · · Score: 2, Insightful

    Of course it's not about preventing piracy. It's just that 'digital, economic enslavement of end users' isn't as sexy of a company line.

    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  44. No more DRM? by Angelwrath · · Score: 1

    Damnit! Another stealth upgrade from Apple? Sarbane! Oxley! Get in here!

  45. Re:What bothers me the most is that Congress ... by Anonymous Coward · · Score: 0

    I keep expecting them to put forth a "solution" like they did with blank tape, compact discs, etc. How would you do this with the internet you ask? Simply add a *tax* to the listed bandwith of the connection and add a tax to hard drives and flash memory for offline transfers. What you bet the MPAA starts pushing for real broadband all over the US then? Faster your connection the more you could potentially copy and the higher your *tax* will be. Oh yeah, this will include your cable and satellite tv connections as well as radio now headed for satellite broadcasting.

    Anyone have any evidence that artists, actors, directors, writers, etc get any of that money from the existing copy method *taxes*?

  46. Not only music by DarkGreenNight · · Score: 2, Insightful

    Thanks to "piracy" movies go to DVD much faster. Before it was between 1 or 2 years for a movie to appear in DVD, now it's like 6 months or less. And not only that, we can thank "piracy" again for the fast translations of shows.

    Not long ago good foreign (american) series came to Spain when they were 2 or 3 seasons old, at least. Part of that is that they had to be translated. But they are starting to translate them sooner. Heroes will start soon in Fox (satellite, in spanish), and it's still in half their first season. There are people waiting to see it instead of watching it in english. House is also on TV, and the third season has just started. Now I can decide to keep watching it in english or wait a little and do it in spanish (I probably won't wait, I prefer to practice my english). That's good for the comsumer.

    So I thank all those mighty pirates, that not only force the TV companies to react faster, but also combat global warming. Or so says the mighty FSM.

  47. Well, we don't really have to put up with it. by jbssm · · Score: 1
    I don't want to start a flame war, but to me it's really simple:

    Why the hell are you going to pay for a music file with DRM if you can get it for free trough P2P ? If the music studios played it nicely and gave us the ability to download music in good compression formats (or even flac uncompressed) without DRM, then well, we would have no moral excuses not to buy the music from the artist we like. But since we are paying to get some crappie format that will only play in computer X and portable player Y, then sorry guys, but I think it's moral very acceptable to just get it for free.

    If music studios want to make us pay 2, 3 or even more times for the same music ... then my answer is "I'll not pay you even once!".

    1. Re:Well, we don't really have to put up with it. by KillerBob · · Score: 1

      I'd gladly pay a buck a song to download a CD in its entirety. If I could be sure that every red cent went to the artists. When you download a song, you're ripping off the RIAA and their analogues. I don't have a problem with that. But I do have a problem with ripping off the musicians themselves.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    2. Re:Well, we don't really have to put up with it. by The_Mr_Flibble · · Score: 1

      I have found the moral high ground on this one, everytime I download a track I mail 10 cents to the artist. I'm pretty sure it's a hell of a lot more than they usually get per track (flashing back to thing weird al said about it ll).

    3. Re:Well, we don't really have to put up with it. by Sloppy · · Score: 1
      But since we are paying to get some crappie format that will only play in computer X and portable player Y, then sorry guys, but I think it's moral very acceptable to just get it for free.

      Almost all music is still available on totally-interoperable non-DRMed audio CDs.

      (Oh, and before someone whines the malware that some companies (infamous example: Sony) have started to include on CDs, remember: you don't have to run the malware. "R2D2, you should know better than to trust a strange computer.")

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    4. Re:Well, we don't really have to put up with it. by Anonymous Coward · · Score: 0

      Exactly.

      If i could *legally* buy this song and that song *without DRM* at a reasonable price, I would have no use for p2p. Now, my version of a 'reasonable price' puts iTunes on the decidedly high end. I'd much prefer something that encourages mass downloads for ... say $0.25 - $0.50 or less for older music. Why so cheap? Because you can cut a huge bit of your distribution/development costs. A simple 1MB program can rip my CDs to MP3s. Yahoo, google, paypal, etc. all offer pre-built shopping sites/services. So if I can do the entire distribution (on a smaller scale of course) with freeware and pre-made cheap sites, there's no reason that you can't cut a lot of overhead out of your $1/song.

      A better business model in my opinion would be something similar to that russian MP3 site (name escapes me). You pay to download your songs for a reasonable price (though they're unreasonable cheap imho) and do as you wish. If your hard drive dies and you have no backup...you pay again. Yes, you can copy from a friend. Yes, you can download from a website. However, my service remembers what you downloaded and you can always re-download - assuming you pay again of course.

      Instead of building a business model about restricting people, how about building one around ease of use? Myself and MANY others would love a website where i could search, find, micropay, download, and listen to my music without hassle, lawsuit threats, and crappy scrambled "fake" songs. The trick is to make it EASIER to use the website than STEAL (a.k.a. violate the copyright) the music. Could Tommy bring over a copy of "Roxorz for Haxxorz" for me to rip it? Well yeah...but instead I can have instant gratification for $5 and download the whole album before he could even get here.

      Cheap songs + micro payments = ultimate impulse purchase. Don't believe me? How much money has been made off ringtones in the past year? Aww, did you delete your ringtone/wallpaper/etc.? It's ok...just get it again so you can show your friend. Yes, you pay $1 again. Well, you *could* call customer service...but for $1 do you care? of course not.

      People are *LAZY*. Build a business model around *THAT* and be loved by all.

    5. Re:Well, we don't really have to put up with it. by timmyf2371 · · Score: 1

      And the reason why you can't just by a CD and rip it to uncompressed flac (or your codec of choice) is...?

      --

      Backup not found: (A)bort (R)etry (P)anic
    6. Re:Well, we don't really have to put up with it. by jbssm · · Score: 1
      Because CD's are copy protected nowadays ... I thought you would knew.

      Yes, I know that in many cases (or all I haven't been checking lately) it's possible to convert them ... but why would I loose my time searching for obscure tools that live in the gray area to do something I should legally be entitled too?

      And what if I only like a specific song? Why should I buy the all CD?

  48. Where? by Warlock7 · · Score: 2, Insightful

    Where in any of the articles does "Hollywood" "admit" anything?

  49. Fascinating Fact #3 by hb253 · · Score: 1

    In the US, nails are designated in pennies. That is, a 1-inch nail is 2d, a 1.5-inch nail is 4d, etc etc. It's funny how terminology created way back in the Dark Ages perists in present day usage.

    --
    Self awareness - try it!
    1. Re:Fascinating Fact #3 by UncleTogie · · Score: 1

      I can believe it. Saw this site on how the shuttle's design was partially dependant on a horse's tailside...

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    2. Re:Fascinating Fact #3 by PitaBred · · Score: 1

      Dude, I have to tell you! I found this totally awesome site called Snopes.com that has all kinds of well researched information about bullshit stories like that!

  50. Support piratebay.org by chord.wav · · Score: 2, Funny

    The guys at piratebay.org want to buy Sealand to make a copyright-free nation. Even if this is a joke, it makes you wonder.
    http://buysealand.com/

    1. Re:Support piratebay.org by Microlith · · Score: 1

      So they can be immature children on their own island?

      Their attitude is damaging to their cause, which seems to be that of free movies, music, TV shows, and games, creators be damned.

      Please proceed to apply generic, blanket, anti-corporate, anti-copyright statements.

  51. DRM is piracy by 0a100b · · Score: 3, Insightful

    It seems to me that DRM is about piracy, about pirating users' rights to sell them back to the users.

    I'd say RMD is piracy, DRM is theft.

  52. Yorkshireman, bowel... by way2trivial · · Score: 1

    it's all the same..

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  53. Interesting timing by VorlonFog · · Score: 1

    Seeing as how the Doom9 folks are finding HD-DVD volume and title keys so quickly...

  54. Self-Defeating by webrunner · · Score: 3, Insightful
    The main problem with DRM is how self-defeating the current model is. If they really want to do the whole thing right it needs to:
    • Be a universal standard. DRM now is used mostly to lock users down to one class of devices. But it really needs to work between companies and between devices. That video you download off of iTunes should work on your 360 and on your TiVO and on your PSP.
    • Allow users to do what they want with it, just prevent mass-sharing. But convenience sharing, like bringing it to a friends house, the companies don't realize how important that is.
    • Work on people's current systems, or at most, require a minor upgrade. This is where HDCP breaks apart entirely. You need to build a new PC from the ground up, including your MONITOR, to be able to play HDCP content. That's just crazy.
    • You can't put people in chains unless they've done something wrong


    Unless ALL of these things come to pass, DRM is an unworkable mess and will cause the companies involved in it to fail miserably.
    --
    ADVENTURERS! - ANTIHERO FOR HIRE - CARDMASTER CONFLICT
    1. Re:Self-Defeating by Sloppy · · Score: 1

      There can't ever be a universal standard for DRM. Trade secrets are the only possible way to implement DRM (and even that doesn't really work). If there were a standard for DRM that anyone could implement, then anyone would also be able to trivially defeat it -- just #ifdef out those lines in mplayer/mencoder.

      DRM is an impossible dream.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:Self-Defeating by webrunner · · Score: 1

      Well, obviously, the DRM would have to require encryption (not heavy, just a few key places in the file that can't be extrapolated)

      Make it so you can play it on your machines all the time, but require some sort of identification to play it on someone elses machine that expires once it's played on one of your machines again?

      We're never going to win the anti-DRM war, so what the world needs is a RDM that actually works for everybody.

      --
      ADVENTURERS! - ANTIHERO FOR HIRE - CARDMASTER CONFLICT
    3. Re:Self-Defeating by init100 · · Score: 1

      Remember that DRM is fundamentally incompatible with F/OSS. If you can modify the software, you can remove the DRM. Thus, DRM can only work with proprietary software.

    4. Re:Self-Defeating by Ernesto+Alvarez · · Score: 1

      Make it so you can play it on your machines all the time, but require some sort of identification to play it on someone elses machine that expires once it's played on one of your machines again?


      And how are you supposed to provide such identification in a way that cannot be subverted by the user?
      ID number -> easily replayed by the user
      Biometrics -> Bitstring that can be replayed by the user
      ID card -> fake "card" reader that replays the data

      Same goes with the key that is generated from the data above.

      Assuming that phase is unbreakable, how are you going to verify that "it has expired because the file was played on one of the original user's machine"? Don't think of a pc, think of a standalone mp3 player that has no connections to anything else (you connected to a host to upload the file, and you don't connect anymore).

      And if it's allowed to play on all my machines, that does include my linux machine? How would you think libdrm.so would fare, considering I demand to see its source? What prevents me from capturing the audio while it's being piped to /dev/dsp0? If it's made so it doesn't inconvenience the user in some way, then the user could easily capture it in lots of places not related to the drm module.

      DRM is a theoretically impossible idea, the phrase "If I can watch it, I can copy it" is probably the greatest truth about drm ever said.
    5. Re:Self-Defeating by Anonymous Coward · · Score: 0

      That video you download off of iTunes should work on your 360 and on your TiVO and on your PSP

      You are right, and the video I download off BitTorrent works fine on my computer, my DVD player and my iRiver. When the illegal copy has waaay more functionality than the legal one, the content owners have an uphill struggle to convince the public to stay legal.

  55. Correction: Spin, It was about piracy by the .... by OldHawk777 · · Score: 3, Interesting

    It was about real piracy, by the media industry and government, to rape human rights and pillage bank accounts of the unrepresented pitiful defenseless public.

    OK more spin for US, EU, UN them; All megalomania persons in industry, government, and religion demand a semiliterate servile exploitable public or at least an oppressed fearful culture of hostages suffering with mass-hysteria Stockholm syndrome (identifying with the oppressors as good, fair, and reasonable).

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  56. Re: Highly off topic by 140Mandak262Jamuna · · Score: 1
    The British Raj introduced similar thing in India too. They had 12 paisa making one anna and 16 annas making one rupee. After independance the anna went away and the New rupee had 100 new paisa. But still people still call the 25 paisa coin, the four anna coin and the 50 paisa coin eight anna coin, for some 40 years.

    By then inflation had devalued the rupee so much that even beggars beggin outside the temples feel insulted if you throw them even a full rupee coin as alms.

    [mods, save your points. Already marked off topic by myself in the subject line and I am not using my karma bonus either.]

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  57. Re:YET ANOTHER MISLEADING HEADLINE by Anonymous Coward · · Score: 1, Insightful

    Apples DRM is not to protect the Record companies it's to protect Apple. Sure the record companies insist on any music being sold online to have DRM but Apple doesn't really care about that they just want to make sure that it is very hard and expensive for you to ditch your iPod and replace it with a SanDisk or (insert favorite non iPod MP3 Player). If they were primarily concerend about protecting the record labels you wouldn't have seen them put up such a fight against the French government when they were ordered to make FairPlay work on competitors devices. At one point I believe they even threated to just stop selling in France (that part may have been internet speculation) If that's true you can see that the importance of keeping iTunes a closed system is more important than keeping the 9th largest economy.

  58. DRM isn't about piracy??? by Anonymous Coward · · Score: 0
    Next they'll claim:

    Iraq wasn't about Saddam's WMD

    The War on Terror isn't about Freedom

    Cold War defense spending wasn't in response to a credible threat

    We didn't win in Vietnam

    Lies, all lies, friend citizen.

    America is at war with Iraq. America has always been at war with Iraq. (No, we didn't sell them arms to fight Iran)
    America is at war with the Taleban. America has always been at war with the Taleban. (No, We didn't train and supply them to repel the Russians)

  59. DRMed content: Purchasing a license to use? by Anonymous Coward · · Score: 1, Interesting

    I would like an answer to this question. Is a person purchasing a DVD or a license for to view and/or use the DVD (for that matter any other DRMed content)?

    Maybe some tax laws need to be explored to answer this. IANAL, but I question who owns the DVD or and DRMed content when purchased from a store. I've always thought that ownership changed hands when the taxes were paid. In the case of purchases from a store, or for that matter any purchase that included sales tax.

    If you are only purchasing a license and not ownership, why would you be paying taxes on the item. Do DVDs and/or other DRMed items tell you that you are only purchasing a license to view and/or use the material it contains?

    When I purchase an item and pay the taxes on said item, I consider myself the owner of that item unless I am told prior to the purchase that I'm only getting a license to view and/or use that item rather than gaining ownership of said item. When I buy a book or magazine, I own that book or magazine when I pay it and that includes the sales tax at which time the ownership of the physical item changes hands. I also understand copyright laws and fair rights. Why do electronic formats, which have the same copyright protections as written material, have the ability to take my fair use rights away from me? The only answer I can come up with is that when purchasing electronic formats that are DRMed, I'm purchasing a license to use and not ownership.

    But if I don't have ownership rights to the item, then someone else still retains ownership rights to that item. Since the item in question is only a copy, then that person that retains ownership of many copies of the item. Those items are an asset to the owner and taxes must be paid at sometime on those assets. If I'm only paying a sales tax on a license, then owner must be paying taxes on the ownership of all the copies he/she makes. Are the people that are selling licenses of DRMed material paying the taxes for ownership of those assets? Or did they pay the taxes on the materials needed to make the copies before the copies were made?

    The point is, if someone else retains ownership of items they sell you, and you pay the taxes on the items, that someone is retaining ownership of assets and getting others to pay their taxes for them.

    1. Re:DRMed content: Purchasing a license to use? by Kiralan · · Score: 1

      (I hate running out of mod points >:- ) Well said. I was not aware that the sales tax was the 'trigger' for ownership, but it makes sense. I have to ask, then, why we pay taxes on software purchases, as they are almost always 'licenses' rather than 'purchases' ?

      --
      V for Vendetta: People should not be afraid of their governments. Governments should be afraid of their people.
    2. Re:DRMed content: Purchasing a license to use? by Maltheus · · Score: 1

      why we pay taxes on software purchases

      Cause if you don't pay up, someone will ultimately put a gun to you head.

  60. Better yet...... by Dcnjoe60 · · Score: 1

    And the only way to prevent all of the is to implement Joel Hefley's ideas on corruption prevention.

    Better yet, just wait to the convention (and it doesn't matter which party) and have the RIAA slap them with a violation for whatever their theme song is. Chances are they haven't secured the rights to not only use it at the convention but also play it across every television and cable station covering the convention royalty free.

    Let's see, how many million viewers/listeners in aggregate times the $12 each for the loss of the CD purchase plus the punitive damages on top of it.

    Works for me.

  61. missleading topic by DirtyFly · · Score: 1

    Well besides the topic being a little missleading to say the least, I thought it was clear to everyone that Hollywood/Media (refered as 'they' from now on) is there to make money , no matter what, see sony for example, DRM and copy protection mechanisms are there so that you must buy several copies of the same thing , for DVD, for your PSP and so on. One of the most absurd things ive seen is the fact that it is Forbiden to try to circunvent the DVD encryption mechanism, you own a copy but if you want to make a backup you are a criminal. The sole porpose of DRM is to sell, there is NOTHING that 'they' do that has the sole purpose of beneficting the user. You think that the platinum titles are there to benefict the poor player ? WRONG !!!! they exist for 1) ressel a overly exauthed title 2) Screw up the used market.

  62. Lesson from MMS by williamhb · · Score: 1

    There's a lesson from MMS that the movie and music industry don't seem to have learned.

    Large numbers of phones have had cameras in them for some time, but there hasn't been that much drive to increase the resolution of the camera. Why? Because people haven't tended to use the phone as their primary camera, but have a second (real) camera that they use for anything they really want to keep. Why? Partly because it's often so hard (and expensive) to get the photo off the phone and onto your computer because the operator wants -- in the early days the phone companies wanted to force you to use their revenue earning MMS service rather than a USB connection to move the photo. And even where it is now less restricted, there is still a lingering consumer belief that it is hard to get your photos off the phone.

    The upshot of this is that for years phone operators have been moaning that MMS revenues have not taken off as much as they hoped (they're certainly large, in the billions, but historically have not been as large as was hoped). And part of the reason for that is that the "revenue increasing" restrictions caused consumers simply not to use the camera for anything they'd want to keep or trade anyway -- the restrictions hobbled the market.

    The movie industry currently has a similar predicament. Most people have the choice between the official distributor and that dodgy guy down the market selling DVDs for a fiver, or even just not buying the DVD. As soon as DRM becomes complex or awkward enough that the user is worried by it, that's a seriously strong incentive for buying from the flea-market instead, or getting your entertainment elsewhere!

  63. Re:What bothers me the most is that Congress ... by Anonymous Coward · · Score: 0

    "But anymore these days"

    Jesus fucking christ, that's not how you use the word "anymore". Where the hell did this moronic use start?

  64. Another reason for DRM by jonwil · · Score: 1

    Another reason why the media corps want more DRM in more places is to further cement the position of the **AA as the "gatekeeper" of the worlds media.
    A notable recent example is the new rules they want that mean that all streaming radio stations (regardless of what content they play, RIAA or otherwise) must have DRM.

  65. Big brother... by Anonymous Coward · · Score: 0

    Hmm... DRM now will evolve into real-time monitoring... "BIG BROTHER IS WATCHING YOU"

    Looks like Orwell was right, aside from the Soviet Union... he just estimated the time too soon... Maybe instead of 1984 he should have named it 2084.

    1. Re:Big brother... by Anonymous Coward · · Score: 0

      You've got the wrong metaphor.

      How can DRM be Big Brother if it's inserted into your by private companies, not by the state? Your relation to Apple (for example) is based entirely on private contracts that you can choose not to make. If you don't like DRM, then don't buy it. Whatever monitoring you allow Apple to conduct as a result of your agreement is something to which you have voluntarily submitted.

  66. My thoughts and musings by mmalove · · Score: 2, Informative

    Well, here we go:

    The full article is a blog? I think sometimes that the heads at slashdot have been kidnapped by forum trolls. Let's stir up some trouble with DRM and see how many days it will stay on the front page!

    DRM and piracy: It's been said before, but to reiterate - DRM doesn't stop piracy. For that matter, gun laws don't stop criminals from obtaining guns, and airport security doesn't stop actual terrorists.

    DRM and consumers: What a load of bull. We're not doing this to stop piracy, we're doing it to give the user more choices... yea right. What they are doing is locking down media so that they can sell more copies of it. Because hell, if you can sell someone more than one bible, you might as well try to sell them more than one copy of Star Wars. I know lots of people that have more than one copy of World of Warcraft, so that they can play the game twice at the same time. The funny thing is, of all "DRM" schemes, the MMORPG is the one that actually works - you buy the account, or you can't play. The account is verified online, and thus keygens quickly fail as duplicates can't simultaneously play, and there's no real offline/LAN game. The lesson? Some people have more money than they know what to do with - and the media giants have resorted to milking them because the media market in general is pretty well saturated.

    --
    You can get 15 minutes of fame, but you can go down in history for infamy.
    1. Re:My thoughts and musings by Anonymous Coward · · Score: 0

      Why does anyone care why companies use DRM? Would it matter if they did it because it's fun, or because they thought it would reduce global warming?

      The ostensible purpose of DRM does not change the fact that media companies have the right to bargain for the terms by which you will use their products, just like you do. No one is forcing you to buy music or movies or books (or any other products I can think of). If you don't like it, abstain.

  67. How do defeat region encoding... by KalvinB · · Score: 1

    buy an additional DVD player. Sure, when DVD players first came out that would be prohibitivly expensive for most people but these days if you can afford to spend money om imports you can spend the additional $25-$30 to get a DVD player that will be used exclusively for the region the imports are coming from.

    The only thing region encoding accomplished was putting more money in DVD manufactures' pockets.

    I've also found that there's no shortage of how-tos on turning your cheap DVD player into a region 0 so it can play anything.

  68. Supply and demand by Enrique1218 · · Score: 1

    The use of DRM follows basic economics. The value of your product is regulated by supply and demand. The latest single from famous artist may be in high demand but that demand is nullify by the unlimited supply cause by releasing it unencumbered. Obviously, record company want to be able to control that supply via DRM to maximize profit from the demand. This is nothing new because in the days of vinyl records they could readily control that supply. In the digital age, they can easily lose control of the supply via a ripping utility and a P2P network. In everyone's interest, they should have control of the supply in so much as to perserve the value of making music. However, that control should be balance against consumer rights. The fear is that they will wield that power without regard to consumer rights or feedback. Moreover, that fear is boosted the inclusion of Microsoft- a company infamous for using its monopoly without regard to the consumer- and its efforts to set the DRM standard. But, we as a consumer have to figure a way to assert our will in system. I think we can by just not buying the content unless the terms appeal to us. I will never by song with time limit on it or a movie that requires a special display. Maybe the content providers won't bat a eye at the lost of a single sale but, if enough people do it, then they will listen. In a way, we do vote with our wallets as evident by the success of iTunes and FairPlay DRM. Fairplay is still DRM but it does give the consumer enough flexibility to use the content within their needs. I think that might be the best balance to give content providers control of the supply and consumers the right to do whatever with the content purchased.

    --
    You don't have to be smart to use a Mac, you just have to be smart enough to buy one
    1. Re:Supply and demand by argent · · Score: 1

      The latest single from famous artist may be in high demand but that demand is nullify by the unlimited supply cause by releasing it unencumbered.

      The problem is that "not releasing it unencumbered" is not an option. Not only do you have to, at some point, convert the content into a format that can be read by HomoSapiens1.0, but the physical media is unencumbered. If the goal was simply to prevent 'unlimited supply' then selling each customer an un-DRMed personally-watermarked copy would be much more effective, since it only takes one person converting the content to HomoSapiens1.0-compatible format for the 'unlimited supply' to show up... but if you could identify that person and make an example of a few of them you'd kill large-scale copying dead.

      In a way, we do vote with our wallets as evident by the success of iTunes and FairPlay DRM.

      And iTunes explicitly lets you convert the content into an unencumbered format. Yes, it costs a little bit of quality, but not as much as removing a watermark would. :)

  69. -1, redudnant AC by Anonymous Coward · · Score: 0

    Someone in this thread said "trying to keep the ocean out with a broom", someone else says "trying to stop a tsunami by yelling at it". I shall say the same thing here by quoting a lyric from the late great John Lennon:

    "Like trying to shovel smoke. With a pitchfork. In the wind."

    He's a lot smarter and more creative than you guys and he's DEAD!

    -mcgrew

  70. Re:DRM is just another word for nothing left to lo by gsslay · · Score: 1
    I assume that it costs less to mass produce DVDs and CDs than the late VHS and vinyl records - still prices haven't dropped.


    Sigh. Maybe I should give up challenging people on this statement in slashdot. They just keep on repeating it, no matter that it simply isn't true.

    I invite you to produce a 20 year comparison of video, record, DVD and CD prices that backs this statement up. In real terms all of these are cheaper than previously.

  71. An explanation would be nice by ^_^x · · Score: 2, Insightful

    Saying they're selling our rights back to us or squeezing every cent they can out of customers evokes an emotional response, but it would be better if they actually explain how that happens.

    For example, incorporating regional lockouts into copy protection, so it is integral to the game/DVD disc, but still allows the company to charge inflated rates in certain regions and keep people from importing from a cheaper region even if the content is the same.

  72. So where's the evidence? by Anonymous Coward · · Score: 0

    The evidence against DRM is that un-DRM'd music from early napster saw the highest CD sales in the US.

    When old Napster was shut down, there was a slump in CD sales they still haven't recovered from.

    But that still isn't evidence that DRM slows piracy.

  73. Well DUH! by iminplaya · · Score: 1

    I (any many others)could fill the front page with previous comments I made to that effect, and If I could find them all, I would. And now, after all this time, it's just starting to sink in? When are people going to see the real purpose of IP law? Talk about your delayed reaction... Well, maybe now we can start to make the move towards abolishment. It's well past time for that.

    --
    What?
  74. Very Interestink... by abb3w · · Score: 1

    DRMs support an orderly market for facilitating efficient economic transactions between content producers and content consumers.

    So, is it revealing or merely coincidental that he said "producers" and not "creators"?

    --
    //Information does not want to be free; it wants to breed.
    1. Re:Very Interestink... by richie2000 · · Score: 1

      I'd say revealing. Same with "consumers". "Sit still and buy our stuff, there's a good consumer. We'll have none of this vertical distribution and prosumer nonsense, how are we supposed to control you all?"

      --
      Money for nothing, pix for free
  75. The problem is... by Belial6 · · Score: 1

    The problem is that if lack of DRM would put the Media Barons out of business, they would already be long gone. 99.999% of all music being sold today can be obtained in a non-DRMed format. This has been the case for over a decade.

    1. Re:The problem is... by cliffski · · Score: 1

      yes, but not trivially, for ordinary people. You have to risk spyware infested sites etc. The casual user doesn't have easy access to pirated content yet. p2p is not as easy to use as microsoft word. But it's getting there.
      To suggest that piracy wouldnt be worse if it was easier is just naive.
      And don't spin out the usual rubbish about 'media barons'. A lot of content is made by small 1-10 man companies. Just because you are creative does not make you "teh evil media baron". last I checked, pirates are just as quick to pirate content by the little guy as they are by Sony. basically, they just don't give a shit about the consequences of their actions.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:The problem is... by Belial6 · · Score: 1

      Wrong. CD's have been easily copied, and cheap for a very long time. Napster made p2p easy for the average user. As for the 'rubbish'. You are wrong. The Media Barons are behaving in a manor that has earned them that title. Yes, there are small 1-10 man companies, but it is the Media Barons that are pushing the hardest for DRM, and they are also the most likely to be hurt if DRM become ubiquitous, as it will be the Media Barons that will control the DRM systems. This leaves the small 1-10 man shops in a very bad position.

  76. There's a word for this by CDarklock · · Score: 1

    > squeeze every last cent out of customers

    This is called "capitalism".

    It's a good thing.

    We're experiencing a crunch. The old way of distributing movies and music is simply not going to survive much longer, so the people who depend on that way for their paychecks are panicking. They don't have to worry about their reputation ten years from now, so they're going to squeeze the consumer for every cent.

    This process increases the pressure on the inchoative industry that will replace them. The more they squeeze, the more the consumer begs for an alternative, and the more that consumer will pay for the alternative when it arrives. (A common myth is that this will make the alternative arrive faster; what actually happens is that the alternative is released earlier when it is still incomplete and unreliable. The average consumer doesn't quite know the difference, but those of us who build these technologies do.)

    Over time, the consumers end up paying roughly the same amount. Individual consumers may pay more, but not much more. If the industry didn't squeeze so hard, it would keep more customers and continue making money for a longer time - but less of it. Meanwhile, the alternative would still arrive, but consumers wouldn't flock to it and it wouldn't command as high a price.

    In twenty years, the result - being more or less inevitable - will be roughly the same. All the media conglomerates are doing right now is driving themselves out of business faster, and arranging for the earliest alternative technology companies to get rich. The consumer will end up with the same end result, so I tend to view the transfer of wealth to the alternative technology companies as a net win overall.

    It's sort of like the alternative O/S situation we had when Red Hat got massive. People who would otherwise have bought Microsoft products bought Red Hat instead. They still spent the same amount of money overall, but the Red Hat consumers got more for their investment. Companies that wouldn't have bought anything bought Red Hat. In the end, we got the scenario we have today: Linux has pretty much gotten where it's going to go, Microsoft is still the dominant force with no signs of failure in the near future, and the Mac is slowly carving a swath out of both. In the next couple years, this will stabilise, and we'll have that O/S market for the next twenty years. Even if there had been no Red Hat, things would have ended up very much the same way. Linux was a disruptive technology, but Red Hat was not in any way disruptive - just a momentary blip on the radar.

    The media know that something disruptive is about to break. They don't know what. They don't know when. They just know it's all about to fall over and die, so they're grabbing all they can carry before they have to desert the sinking ship.

    --
    Microsoft cheerleader, blue flag waving, you got a problem with that?
  77. Power to the reader??? by Anonymous Coward · · Score: 0

    "Like using the content on different devices, making backup copies in case media gets scratched, etc."

    How many here actually read their EULAs? I'm reading the one for Broderbund and their EULA allows me to make backup copies. It also asks NICELY for me not to make illegal copies. Now how many out their are going to NOT read the EULA, or disregard the friendly request and go ahead and make copies for all their friends? Bet it's about the same number who didn't read the article.

    1. Re:Power to the reader??? by Anonymous Coward · · Score: 0

      But you're talking Software DRM I imagine. Now what happens if the Software CD that gives you express permission to make a backup copy but that software is protected with a DRM scheme and by breaking that DRM scheme you are violating the DMCA. Which one holds more water?

  78. calling BS by Orig_Club_Soda · · Score: 0

    I dont think its so they can sell the rights back, I think its because of the Napster and Chinese piracy. People went hog wild file sharing at the same time consumers were hit with a recession, the internet boosted the used reselling market, video rentals boomed and consumers started cringing at the first run price of media...

    We know about copyrighted material and we still file traded. We brough DRM on ourselves because we behaved irresponsibly.

    The onlything bad about DRM is that its platform specific. Mac users can use MS DRM at all, while windows users can use us Apple DRM. I dont even know about Linux users.

    Most people crying about Apple's refusal to license their DRM are the same fools who made game console suedo DRM (media for one platform) acceptable. You proved to media companies.

    And no matter how you slice it, because of Napster and torrents, making copies of a CD for a friend is world s different than distributing 100s and millions of copies.

    Media has always been about units sold and you fools are distributing units for free.

    Now, I think that the media companies are over reacting but we've esencially destroyed their industry. They will soon move to DRM free distribution just because it will be cheaper in the long run.

    But if we had an ounce of integrity, we wouldnt be giving away copies of our media away to the planet. We violated the personal-use rules. Now our hands are slapped.

  79. were you being sarcastic and I didn't detect it?? by callmetheraven · · Score: 1, Insightful

    I din't mean to imply this would happen tomorrow but a decade or two from now when certainly things could be watermarked (and recognized) appropriately and furthermore most vehicles of media would be connected one way or another. Given IPv6 it's not impossible. And what would be wrong with being able to revoke/retrive an embarassing video or soundbite? what about someone as a teen who does some misdeeds as a teen? In this system that trangression would not come back to bite him/her (except for those who have that knowledge in memory (what are friends for but to know our secrets anyway?)
    To answer someone's question posed before: Politicians and anyone working for the govermnet would be exempt from this "purging" aspect. That is, they would not be able to retrieve/revoke things said or performed as an agent of government as that would automatically be for public domain.

    Were you kidding? Politicians (and the hyper rich) would be the only ones who could have their comments revoked. Revising history and tightening the legal noose around the little guy are their favorite pastimes (we're doing it for the children) and are becoming crucial to getting elected and perpetuating (perpetrating?) their party's existence!

    The utopia you describe sounds wonderful, but unfortunately most of us are stuck here on sadly corrupt Earth.
    --
    You can have my SIG when you pry it from my cold, dead hands.
  80. Not customers - competition by bitspotter · · Score: 1

    Ed Felten had a good point about this last spring:

    http://www.freedom-to-tinker.com/?p=1007

    Private cracking and file-sharing will likely always be possible. But businesses can't operate in private - they have to offer services in public. So having the ability to sue and withhold licenses from competitors means that you have bigger shares of marketplace for whatever you're using DRM to encumber. Customers can't be stopped - but competition sure can. That's a real point, too.

  81. Bizarre by Anonymous Coward · · Score: 0

    This is the most bizarre rant published on /. today.

    I'm going to assume the state home just got internet access?

    Cool.

  82. For us in the retail industry... by Jack+Schitt · · Score: 1

    I'm proud to say that I've never intentionally sold a Zune. Any time somebody is interested, they get to hear about the WiFi and the 3 plays in 3 days DRM for all music, even if they recorded it themselves. The common response? "That's gay. You have any other MP3 players?"

    I'm also pushing Linux on anybody asking about Vista, bit it's kinda difficult since my store doesn't sell Linux...

    Any suggestions for other 'product swaps'? Any favorite music players out there? (We have Creative Zen, Sansa, Muvo, iRiver, and the new Walkman).

    I'm intentionally ommiting the name of where I work, and replies should too as I don't want to affect their Google pagerank, but they have naming rights to a rather large basketball and hockey stadium in Los Angeles.

    --
    This message brought to you by Jack Schitt's Previously Shat Shit
    1. Re:For us in the retail industry... by Anonymous Coward · · Score: 0

      STAPLES!
      STAPLES!
      STAPLES!

      As for the above poster, he's been sacked.

  83. > the ruse is busted.

    I was unaware wanting to earn every last cent from your own intellectual property was a "ruse".

    If making it slightly difficult for you to create backups keeps people from easily doing massive copying and distribution without permission, isn't that a fair trade-off?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  84. Re:YET ANOTHER MISLEADING HEADLINE by Anonymous Coward · · Score: 1, Interesting
    At least Slashdot [...] hasn't, so far as I know, been involved in concealing Stalin's purges from the reading public,
    This has to be one of the most inane comments I've ever read on Slashdot. Hurray, this website is innocent of trying to cover up events that were public knowledge before its creators were even born! What virtue!

    as the British newspaper the Guardian was.
    Your source for this assertion, please? A brief check on Google doesn't bring up anything pertinent (except for Wikipedia, which singles out the Guardian as an example of one of the few left-wing sources that criticised Stalin.)
  85. Re:not about piracy? really? by DoctorSchwa · · Score: 1

    The Barenaked Ladies' new album (Sep 2006 I think), "Barenaked Ladies Are Me", is available on VINYL, CD, and USB THUMB DRIVE -- yup, all ready to go as non-DRM MP3s.

    Cool!

  86. DRM doesn't prevent massive *anything*. by argent · · Score: 2, Insightful

    If making it slightly difficult for you to create backups keeps people from easily doing massive copying and distribution without permission, isn't that a fair trade-off?

    DRM doesn't prevent people from easily doing massive copying and distribution at all.

    It makes it harder for the first person to "rip" that first copy, but once it's done preventing anyone else from "ripping" that copy is irrelevant.

    And DRM does much much more than "making it slightly difficult for you to create backups".

    It makes it impossible for you to keep a copy of a work indefinitely. Your copy is only usable as long as the company that made the DRMed document still exists. If you think this doesn't matter you need to talk to a historian.

    It makes it impossible for you to view the work except through a specific application. I have precisely one DRM-protected e-book now... I recently deleted the Microsoft Reader documents I owned, because they're worthless now I don't have a Pocket PC. Oh, that's right, you want me to buy another copy for that. Why should I?

    It makes it impossible for you to use a work in ways the application doesn't want you to. If I own a movie, why shouldn't I be able "enter" it by feeding captured scenes into a VR viewer? Because you want me to have to pay again for the VR version of the movie (if you ever bother making one)?

    How many times should I have to buy The White Album anyway?

  87. That's not "capitalism". by argent · · Score: 1

    > squeeze every last cent out of customers

    This is called "capitalism".


    Nonsense. Squeezing every last cent out of consumers only works when demand is completely inelastic, and increasing the price doesn't lead to lost sales.

    1. Re:That's not "capitalism". by CDarklock · · Score: 1

      > Nonsense.

      If I can buy a product for $5, and shipping it to market costs $2, how much should I charge for it?

      a) $5, the same as I paid to acquire the product
      b) $7, the same as I paid to acquire and distribute
      c) $9, all of my expenses plus a reasonable margin
      d) Whatever I can convince people to pay for it

      A real capitalist answers "D".

      > Squeezing every last cent out of consumers only works

      Define "works"! It's certainly not sustainable in the long term, but the media industry as we know it today DOES NOT HAVE a long term. The long term loss of the price increase simply isn't a factor. It's like war profiteering; once the war is over, your reputation doesn't matter because your business becomes unsustainable anyway.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
    2. Re:That's not "capitalism". by argent · · Score: 1

      A real capitalist answers "D".

      Nonsense.

      A real capitalist answers "E".

      What's "E"?

      e) Whatever maximizes my income. That may be anything from $2 on up, depending on the market, what my competition is doing, what the sunk costs are, and what kind of market segmentation is possible. Even if I can convince people to pay $100 for it, I might still make more money selling it for $10 if there's enough people willing to buy it for $10 but not $100.

      Especially if my competitor is selling it for $12.

      Trying to sell people The White Album as many times as possible is not going to maximize your income, because there just aren't enough rabid fans who'll buy the same thing over and over again.

      The media industry as we know it today DOES NOT HAVE a long term.

      Even if you grant that point for the sake of argument, a real capitalist responds to that by changing his business model.

      The term for government intervention to artificially support people when they are no longer able to support themselves without it is "socialism", not "capitalism". Whether the people involved are recording industry executives or garment workers is beside the point.

    3. Re:That's not "capitalism". by CDarklock · · Score: 1

      > Whatever maximizes my income

      All you're really doing here is redefining "item" and "customer" to complicate the question. It doesn't actually change the answer: once you wrap up a bundle of disparate products and services and call them an "item", and you wrap up a bundle of consumers and call them a "customer", it's still about charging whatever the customer will pay for the item. Creative definitions of your product might raise the price someone will pay, but it's still the same process of getting whatever the customer will pay.

      > a real capitalist responds to that by
      > changing his business model

      Not when he doesn't understand what business model will work. If you don't know how to sell decks of cards without putting pictures of enemy generals on them, a lack of enemy generals kills your ability to sell decks of cards. When the end of the war is imminent, your goal becomes "sell as many decks of cards as possible NOW".

      > The term for government intervention to
      > artificially support people ...is completely irrelevant, because the government is not intervening to support anyone. It is simply standing by while the media conglomerates push their own personal agenda into the legislature, which does not understand the question and has no real interest in learning about it. If you can get an anticompetitive law passed that means you get to collect money forever, that's a very capitalist thing to do.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
  88. Re:not about piracy? really? by Kimos · · Score: 1

    Yup.
    As an interesting off-topic asside, they also let you buy/download the stem mixes of uncompressed un-DRMed audio for six of their tracks. You can load them into your audio editing software of choice and mix your own version of their music.
    http://stems.barenakedladies.com/

    Great Canadian artists, thinking progressively...

  89. Your imagination has failed, then. by Anonymous Coward · · Score: 0

    If you can burn them to cd then the DRM serves to use as you can get around the DRM by ripping the cd back to mp3. I can't imagine they would want to allow that.

    You are indeed allowed to do that with iTunes' DRM. (The problem of course is that when you re-rip from CD, if you do so to a lossy format, you get even worse audio quality, since you're ripping from 128kbps AAC.)

  90. Re:YET ANOTHER MISLEADING HEADLINE by David+Gould · · Score: 1

    The question is, when he says "their DRM is too lax", does he mean that...
    ...it's too easy to crack?
    ...even when used normally, it permits copying to too many devices?
    ...it doesn't give him the same kind of feature-level control as, say, DVD UOPs?
     
    Because, see, only the latter interpretation would actually mean that "it's not really about piracy".

    --
    David Gould
    main(i){putchar(340056100>>(i-1)*5&31|!!(i<6)<< 6)&&main(++i);}
  91. Capitalism doesn't work in the long haul. by Fantastic+Lad · · Score: 1
    d) Whatever I can convince people to pay for it

    A real capitalist answers "D".


    I would agree with you, except to say that I would not characterize this as a particularly 'good' thing.

    It's entirely possible to ensure that people pay high prices using tactics which are detrimental, and in the long run, ultimately destructive to society.

    In a fully capitalist society, dumbing people down, making them sick and fearful and ignorant all help to contribute to reliable sales. Corporations engage in this war on humanity all the time. --Yes, such practices are good for the bottom line, but is the bottom line good for humanity as a whole? When all the dross is burned away, this is the fundamental debate people are left having with regard to capitalism, and I think that systems which constrain spiritual, physical and intellectual growth/health for profit are not good systems.

    The oft-used counter-argument is that capitalist systems automatically balance these negative forces, but I tend to consider this merely wishful thinking as is evidenced by the continued downward spiral of culture we are witnessing today. --Unless, that is, the total collapse of society, (as seems to happen with empires), is baked into the equation. Usually, though, it is not and people are left standing amidst the ashes of revolution and war, (the final capitalist expressions of the competitive spirit), wondering what went wrong.

    The answers, of course, are Fear and Greed.

    Yoda summed up Fear perfectly, ("Fear leads to Anger, Anger leads to Hate, Hate leads to Suffering"). --And Greed is a direct expression of Fear which leads to unbalanced and uncontrolled consumption at the expense of compassion and/or knowledge. (ie., Knowing that to consume at the levels seen in the West means necessitating the creation of slave nations and blood-money wars requires one either to embrace ignorance or to dispense with compassion. Both are spiritually fatal conditions.)

    DRM and the idea of Intellectual Property are based on fearful assumptions; that somebody who takes an idea from you somehow diminishes your being. People forget that to give openly also means that you can take openly as well. Greed collects for the purpose of collecting, whereas the healthy approach is to make oneself into a conduit; energy flows in and out, and as long as the flow is flowing, there is always an endless, fresh supply of energy to sustain yourself upon while at the same time you are facilitating the feeding of others. Since all energy comes from the Universe, largely from the Sun and the Earth, then so long as those two things persist, humans can act as healthy conduits and everybody will have enough. --But only so long as selfish behavior is set aside.

    This, of course, is impossible, and this is why this reality of ours is a grand school for teaching love and faith and service through trial and error. Fear and Greed are self-punishing. Freedom only comes when you let Fear go.


    -FL

    1. Re:Capitalism doesn't work in the long haul. by CDarklock · · Score: 1

      > I would not characterize this as a
      > particularly 'good' thing.

      In the long run it tends to be good, because market forces tend to balance things out before they do too much damage.

      Don't get me wrong: predatory pricing does real damage to real people. But in general, this damage is limited by the seller's ability to control the market. The problem isn't the pricing, it's the control of the market. If we remove people's ability to control the market, which is what we've tried to do with antitrust laws, then we also drastically limit their ability to cause damage.

      Unfortunately, control of the market is the entire purpose of intellectual property.

      > DRM and the idea of Intellectual Property
      > are based on fearful assumptions

      I don't think this is completely true. DRM is based on the idea that people do not value IP, and would prefer not to pay for it, which is the absolute fact. IP is based on the idea that if you have to work a traditional job, you don't have time to pursue artistic endeavors - and certainly not to the degree necessary for works of profound genius.

      The fear we ought to have, but apparently don't, is that the lack of a strong IP foundation will make it impossible for a brilliant artist to make a living from his art. We're far too interested in how we can get to watch the latest Jack Black movie, and not interested enough in how Jack Black gets paid for it. People in general don't get the idea of "investment". They say "Jack Black already got paid, so I'm not hurting anyone". But he only got paid because an investor expects to get paid later. If that doesn't happen, Jack Black doesn't get paid next time, because no investor will front the money that pays him. If products don't make a profit, people stop producing them, and we stop getting them.

      There are still problems with our IP laws, but the fundamental idea is a good one. Patent and copyright reform are long overdue in the digital age. I just think it's a massive mistake to have that reform directed by the corporate behemoths who profit from it, instead of the artists for whom it is intended.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
  92. The worst thing about DRM is... by xenobyte · · Score: 1

    ...that it hurts the only people that in a sane world should profit from music and movies: The people creating it. It was never about the money men (taking chances on new artists with hit potential) or the distribution chain. They are just middle men that should profit a little bit from their niche.

    Today artists don't need a professional studio, nor do they need a huge upfront loan. Many new artists finance their own albums (usually because the big labels never take chances anymore) and they only need retail distribution (unless they intend to sell exclusively from their website). This model leaves no room for the big labels and they know it.

    Same thing in the movie business. Most of the better movies are made as independent productions, usually with a fairly limited budget and they only need some form of distribution. Why the major studios pour hundreds of millions into huge productions with overrated stars and too many special effects - and no story - remain a mystery. But they want a return on those investments and as the sales usually don't match the expectations, they need to squeeze the consumer even more, and DRM is great at that.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    1. Re:The worst thing about DRM is... by JustNiz · · Score: 1

      The good thing about the internet is that its allowing artists to market their own music directly, cutting out the greedy middlemen like Sony etc.

      Thats the real reason for DRM, as the record comapnies are trying to squeeze tighter as they have had their monopoply on control of the marketplace broken, and don't like the fact that they are not needed any more.

  93. Re:not about piracy? really? by SanityInAnarchy · · Score: 1

    What everyone's pointing out that you're missing about iTunes is that if it was really about Piracy, wouldn't Apple and Microsoft be teaming up to provide one DRM scheme to rule them all, so you could play your DRM'd files on everything? Wouldn't they be open to letting you burn not just one CD (for a price), but any amount -- and, for that matter, if they let you burn that CD, why bother with the DRM in the first place?

    No, you're kidding yourself if you think this is about anything other than lockin and market control. Think about it: If HD-DVD and Blu-Ray encryption works, you'd have to buy the same movie three times for three different devices -- once for your home theater, once for your PSP, and once for your video iPod (or iPhone). Think about movie soundtracks -- without DRM (or with DRM currently cracked on DVDs), and with a few good movies offering music-only audio tracks on the DVD, I could just rip that and play it on my iPod. And keep in mind: If you've got an iPod, and want to buy a Zune, you'll have to buy all your music all over again -- or vice versa.

    And if they were really about supporting the consumer, they would allow us to do anything we want with the stuff we buy to own. Although I don't think it's necessary to have DRM on a subscription service (see below), I also think it's kind of appropriate, whereas if I buy the album, it's mine, and your control stops as soon as I rip it to FLAC and sort it onto my Linux fileserver.

    I'm playing around with some services that offer $15 / month all-you-can-eat music. this wouldn't be possible without some heavy DRM.

    I imagine it would, if the service itself was worthwhile. Oh, you justify it now -- calculate it out, and you could pay for the service for 15 years and not spend as much as it might cost you to buy all those CDs. But what if a year from now, the service is providing absolutely nothing new, other than forcing you to keep paying a monthly fee to keep listening to "your" music?

    Won't happen, I know. But when you really think about it, if an organization (Magnatune, Mindawn, and others) can sell me an album for $5 (cheaper than iTunes!) for download as mp3, vorbis, or FLAC -- yes, FLAC, completely lossless, completely open format, no DRM at all -- if Magnatune and Mindawn are even moderately successful with that, I think a service like you're suggesting could work.

    On the other hand, keep in mind that it's competing with radio -- and keep in mind that radio works even with absolutely no DRM, allowing things like RadioShark, or broadcasting completely unprotected mp3 streams over the Internet. Hell, our local radio station manages to do that as an almost entirely community-run project (no full-time employees)... But somehow they're paying for bandwidth, air time, and licensing fees. Do they know something the RIAA doesn't?

    --
    Don't thank God, thank a doctor!
  94. Re:not about piracy? really? by rich42 · · Score: 1
    yous means i Uh donts gET free UN-DRM'd lossless files of ALL dat music fer $15 / month? good to see all you slash-dotters have the exact same line on this.

    when CD's become obsolete - are you going to push for legislation demanding they publish their music without DRM?

    how anarchist is that?

    this is reality - major software companies generally don't publish software in a way that can (easily) be ripped off any more.

    Government isn't do this - the free market is. (I'm not evil - they still shouldn't be able to get away with suing kids etc...)

    (I'm sorry - I said something besides slash-dogma - mod me down - I'm a troll... please don't hurt me... I'm using firefox at least...)

  95. Look at the DVD warning screen by Anonymous Coward · · Score: 0

    any lending resale or hire is prohibited without the express authorisation of the copyright owner.

    Despite these elements having NOTHING to do with copyright, there isn't a way to enforce this (until DRM works) but it shows that THEY DON'T WANT YOU TO DO THIS! They want you to pay more (because of licensing DRM) for the product and not get money back by selling (or giving away!) the product.

  96. the customer is wrong by Anonymous Coward · · Score: 0

    so much for the customer always being right...

  97. What do you mean the government isn't intervening? by argent · · Score: 1

    the government is not intervening to support anyone

    Sure it is. Now you're the one who's overcomplicating things. Whether the law gets created because legislatures are being tricked or not (and I don't think they're anywhere near as naive as you're implying), it's still government intervention to protect their profits. If you can sweep all my whole marketing and business model details under the rug, then you can't turn around and haul the details of how corporations get corporate socialism through the legislature out and pick it apart.

  98. Hearsay At Best by Jekler · · Score: 1

    A Slashdot submitter says that Arstechnica says that Businessweek's Ronald Grover says that an unnamed studio executive admitted DRM is not about piracy.

    Even if we skip the verifiable chain, we're still left with Ronald Grover says that an unnamed studio executive admitted DRM is not about piracy.

    Very few responses to this submission comment on the article, instead issues about DRM are discussed directly.

  99. Mutiple sales still possible without DRM by gnugnugnu · · Score: 1

    Comic books do not include DRM but they are quite able to sell multiple different editions and the movie industry manages it too.

    Donnie Darko for example has a version containing little more than the file, a 2 disc version, and 3 disc collectors directors cut edition. Just look how many Lord of the Rings variations there have been, even ones packaged with collectable toys.

    DRM just screws people into buying more copies than they want when there are plenty of people who will buy more copies than they need given some incentive.

  100. Re:not about piracy? really? by SanityInAnarchy · · Score: 1
    when CD's become obsolete

    When? It's already happened. I currently satisfy myself with free radio, and with the services online that do give un-DRM'd music. And not for free, I don't know where in your twisted little corporate mind "$15/month" becomes "free music!!!!11one"

    are you going to push for legislation demanding they publish their music without DRM?

    Way to make a strawman. I just searched my own post to make sure, and in fact, I said absolutely nothing about "government", "legal", "legit", "law", or "legislation". Go ahead -- you say you're using Firefox, go read my post, hit your slash key, and search for those words.

    No, let them use DRM, I'll just boycott it. As far as legislation, I'd be perfectly happy if we had no legislation about DRM. Unfortunately, we have pro-DRM legislation -- it's called the DMCA.

    this is reality - major software companies generally don't publish software in a way that can (easily) be ripped off any more.

    Actually, yes, they do. If you only knew just how easily...

    The bitch of DRM today isn't that it's hard for pirates, or even moderately sophisticated end-users who value fair use. The bitch of it is, it is a pain in the ass and the wallet for legitimate users (who don't want to have to crack things just to make them play on their early-adopter, HDCP-free, but still very good HDTV), and does nothing to stop pirates.

    I'm sorry - I said something besides slash-dogma - mod me down - I'm a troll... please don't hurt me...

    This is just unnecessary. If I had mod points, I'd mod you flamebait for this alone -- the rest of your post is just misinformed and stupid, which means I wouldn't waste mod points on it. You're not insightful, but until you used "slash-dogma" as an excuse not to think your response through, you weren't a troll, either.

    --
    Don't thank God, thank a doctor!
  101. Re:not about piracy? really? by gordo3000 · · Score: 1

    of course you can. Every apple supporter will want you to believe that all it requires is for you to burn the music to Cd, then re rip it onto your hard drive, remember which of thsoe tracks with the same name is the un DRM'ed one, find the file, import with a program that can sync with your player, and finally, if you aren't sick and damn tired of this, get to listen to it on a non-apple product.

    I don't know where people get the idea that this is a straight forward, quick little exercise when it actually takes real time and effort to do. and of course, it takes lots of blank cd's(or a cd-rw). this is especially bad for my old laptop which didn't have one back in 2001/2002 when this was all starting. Now, its just a waste of time that I don't have since I'm at work for 60 or 70 hours a week. Free time is now a real commodity and I like spending it doing things other than burning and re-ripping music I already bought. Its much easier for me to just torrent in what I want.

  102. Re:What do you mean the government isn't interveni by CDarklock · · Score: 1

    You don't seem to understand what I'm saying.

    This is a question of companies and consumers. It is that simple. The companies don't know how to sustain their business model, so they're not trying - they're just scrambling madly to suck as much money out of it as they can before it collapses. In the long run, this money is just being stolen from the tail end of the same business, so it doesn't really matter. Long tail or short tail, the business still dies. Demand for an alternative rises steeply instead of slowly as the end nears, so the startup of the Next Big Thing makes a lot of money very quickly instead of ramping up slow and steady.

    When you drag the government into it, YOU'RE complicating things. The government doesn't matter, because legislation is just another tactic being used by the media companies to prevent the death of their business. It's not the government's idea. It's just a trivial detail of *how* the companies are trying to inflate profits today at the expense of profits tomorrow.

    In the end, the people who get those profits will probably invest them in the new business model that replaces them, once they know which one is going to "win". The revolution will happen, and we'll overthrow Bob with this new system... which will ultimately be run by Bob. The more things change, and all that.

    --
    Microsoft cheerleader, blue flag waving, you got a problem with that?
  103. Re:What do you mean the government isn't interveni by argent · · Score: 1

    When you drag the government into it, YOU'RE complicating things. The government doesn't matter, because legislation is just another tactic being used by the media companies to prevent the death of their business.

    You could have made that same statement any time in the past century, at least. Without continued government intervention the "media business" would be about the size of the cookbook business.

    I'm not kidding. If everyone pulled their fingers out and just let the free market market work, with music having no more protection than recipes, that's how big the music business would be. Soon as people had the ability to copy and pass around piano rolls it would have been all over.

    because legislation is just another tactic being used by the media companies to prevent the death of their business

    It's not "just another tactic", it's pretty much the only one they have.

    It's not the government's idea.

    It sure is. It's explicitly the government's job to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. You seem to be assuming that the media companies are something fundamentally different their historical prcursors have been doing over the past two and a quarter centuries. You also seem to be assuming that there's no legitimate reason for the government to want to intervene.

    It's just piano rolls all over again, with the government on a white horse propping up the business.

  104. Re:What do you mean the government isn't interveni by CDarklock · · Score: 1

    Oh, I'm sorry. I thought you were sane.

    Carry on, then.

    --
    Microsoft cheerleader, blue flag waving, you got a problem with that?
  105. Re:What do you mean the government isn't interveni by argent · · Score: 1

    If "sane" means "doesn't pay any attention to anything that happened before the iPod", then I bear the title proudly.

  106. Re:What do you mean the government isn't interveni by CDarklock · · Score: 1

    Yeah... that's nice and crazy. Glad to see I was right about you.

    --
    Microsoft cheerleader, blue flag waving, you got a problem with that?