Fight DRM While There's Still Time

ageor writes "It seems (not only) to me that DRM is about far more than intellectual property. It's also about monopoly and freedom of choice. It's one of those cases where we, the consumers, must decide against accepting the new industry's rules, which care only about control and making money. The whole matter is very well put in DRM, Vista and your rights, where you can follow the subject as deeply as you like through the numerous relevant links."

Comments

Re:Change from the Top Down

[caitriona81]

In the case of DRM, theres one very strong way to fight it - with your wallet. Use alternatives where possible. Spread the word about products that contain oppressive DRM. Encourage others to do the same.

It is simple

[someone1234]

Don't buy stuff with DRM. I can do it, i did it so far. But i doubt more than 20% of people who yap against DRM will stay away from it.

Fight it how?

[cjackson0]

The article goes into arguments we've all read, and probably made before. The main point missing from this relatively well organized and civil rant is what to do about it. It's always easier to point out he problems than the answers.

Re:Fight it how?

[radtea]

The basic problem DRM tries to solve is really simple - we want professionals to produce high quality 'creative works' despite us having technology that can replicate such an item for zero cost. The free market really can't cope with that at all, because it makes "supply" in the economic sense infinite therefore price becomes zero, implying that something has no value. That's clearly rubbish, and quality creative works definitely have value to millions of people.

This contains a couple of errors.

1) The problem DRM tries to solve is the preservation of a particular business model that allows content packagerss and distributors to use their position in between artists and their audience to keep the largest slice of the creative-works pie for themselves. This model once served everyone well, because the marketing power of the packagers and distributors made it possible for creators to reach a much wider audience than they would have otherwise, and people got the opporuntity to buy creative works from artists they might not ever have heard of. On the other hand, there is no evidence at all that cheap copying has stemmed the flow of professional creative works. Show me one musician, one author, one director anywhere who has said, "I thought about making this album/book/movie but decided not to because it could be copied too easily." One suspects that the claim there would be no professional creative works without DRM is just made up.

2) What is this "the" free market of which you speak, and how does it relate to the huge diversity of actual free markets in the real world, which vary in their legal and economic structure enormously? If we replace your incorrect usage with the correct usage, and say, "we want professionals to produce high quality 'creative works' despite us having technology that can replicate such an item for zero cost. A free market really can't cope with that at all..." it becomes clear that here too you are making stuff up. You are claiming that no possible free market whatsoever, out of the infinite possible market machines that we might invent, is capable of dealing with goods that are expensive to create and easy to copy (note that "cheap" isn't really the issue--stamping albums is cheap, downloading tunes is easy.) This is an incredibly strong claim, backed by...nothing.

When somebody can give me a sound, scalable, generic and implementable economic design for goods that cost money to build the first time but are free to copy from then on, I might start to protest against DRM, because I'd actually have an answer to the question of "If not DRM then what?". Until then I'll continue to argue the case for it, use it despite the inconvenience and who knows, maybe even implement it in future.

I guess I could just link to Baen Books here, or to any number of bands like the Barenaked Ladies who oppose DRM and have somehow managed to make an oodle of cash. If examples don't convince you, then you should think about the theoretical persepective that file sharing is nothing more than advertising for the work in question.

While I'm on advertising, there is always the possibility of ad-supported art. Product placement ads have never been been huge, but that may be just because there were easier ways of doing it.

The one thing we can be certain of is that DRM is nothing more than an attempt to save a obsolete business model, and history tells us it will be a failure. The only open question is: will it be an expensive failure, or a cheap one? It looks like it is going to be very expensive for studios and some publishers, and relatively cheap for everyone else.

Re:Fight it how?

[mgv]

As it happens, that's really hard. Computers copy information, that's what they do, and unfortunately people can't be trusted to just follow the rules of the system left to their own devices. Instead people do a cost:benefit analysis and think, well, it's not likely I'll be caught, so I'll go ahead and break the law. Who cares, everybody else does it anyway. So it has to be enforced at the technology level, otherwise we just screw ourselves over in the long run when content production just becomes economically unsupportable.

Currently DRM forces me to double my downloads... Once off the iTunes store for the TV shows I want to watch, then a second time to get them DRM free for long term archive.

If they came DRM free I wouldn't have to do the second download.

Please explain to me what economic model describes how DRM is protecting the revenue of content creators here.

I think its simple:

The content creators are too nervous to try and sell stuff without DRM.

Which is actually amazing - in all the history of recorded music, TV and film, until about 10 years ago nothing had significant DRM. You could tape music off the radio, video off the TV.

And yet sales of these products brought great wealth to the content producers. According to what you espouse, they should have all gone bankrupt as everyone pirated all the content.

In reality, people don't do this. Yes, they copy stuff. Always did. But they buy stuff too. And they always will, even if the DRM is removed.

Its happening now - there isn't a reason for virtually any sales of music CD's - just copy them off the internet.

But people still buy music CD's.

More importantly, the fallacy in the argument is that someone who gets music off the internet will somehow pay more money to these companies if the music isn't available. In fact, they may not have the money to spend, or the will to spend it that way.

Whilst someone like me is holding back on purchases when because I want to get it free of DRM also.

So in order to get people (who may never buy stuff) to not copy content, they are screwing around with people like me (who are more than willing to pay for content) by giving me the inferior product.

I get stuff from iTunes movies because its available quickly, and the quality is good. The stuff I get on the internet takes longer to download. For the shows I want to watch (eg Heroes, BSG, Stargate) I'm more than happy to pay to know that I'll get the content as fast as I can.

Bear in mind I live in Australia, and have to get the iTunes gift vouchers from the US to see this stuff.

But no way could the music industry or video industry view someone like me as being their target market. No, its the 12 year old kids with no disposable income who they are interested in forcing into the market? Right.

I'm probably the extreme example, but the general case is valid. Those with disposable income to spend on content will spend it. The competition is for how I spend my dollar. The content produces need to produce good content, and the money will come. Locking in bad content is not the winning formula here.

Michael

it can't be fought

[Anonymous Coward]

DRM can't be fought, sorry.

There aren't enough people who know or care. Only a few of us geeks, and we don't make up an appreciable fraction of the market.

People will buy what the ads tell them to buy. End of story. We lose. Want to play the downloaded movie you just ordered from Netflix on Linux? Sorry, no dice.

I don't like it either, but it's reality.

Re:it can't be fought

[Chandon Seldon]

DRM absolutely *can* be fought. Just tell everyone about the free & superior compeditor to Netflix: The Pirate Bay.

Seriously, this is a simple issue of competiton: Netflix is easy to use, costs money, and provides moderate quality DRM-encumbered files. TPB is slightly more complex, free, and provides decent quality DRM-free files. If Netflix sucked it up and provided high quality DRM-free files, they'd have 2 out of 3 and be compeditive with TPB again.

The only way to fight DRM is to point out one simple fact: DRM *encourages* piracy, because it's hard to get guilt tripped when the pirates are providing a strictly better product.

Jeesh

[amplusquem]

How many DRM articles do we have to have on Slashdot? I mean I get it, I hate DRM just as much as the next guy and think it's ridiculous, but it seems like we are getting a new article on Slashdot about DRM everyday. The same type of comments are modded insightful every time to the point where they're no longer insightful.

Re:Jeesh

[TheRaven64]

Articles like the one linked, however, do not really help. They tell those of us who already understand the problem about it, but the linked article is too long to forward to people who might not, and contains stupid errors like confusing AAC with FairPlay. I have a few thousand AACs with no DRM on them, but the article makes it sound like AAC must contain DRM.

If you want to explain DRM to people outside Slashdot, let them read something like this article or Jasper Fforde's The Well of Lost Plots.

Avoid defective by design

[kherr]

I agree, people need to avoid buying bad products. For me that means not buying stuff from iTunes (I troll used CD stores instead) and avoiding one of the biggest DRM sneak-attacks going on, HDMI. People are getting snared by the HDMI trojan, because it's such a convenient way to interconnect devices. But as we're starting to see with HDMI implementations on TiVo Series 3 and Vista, HDMI is going to be used to screw everyone.

Note: I disagree that the iPod is defective by design, because it does not require DRM. It still works with the open formats of MP3, AAC and AIFF.

Re:Avoid defective by design

[TeknoHog]

HDMI is not the problem, HCDP is. HDMI is a convenient version of DVI with audio, while HDCP can also work over DVI.

Re:Avoid defective by design

[Graymalkin]

What a red herring. There's no physical or logical lockouts on music on an iPod. The interface of the iPod relies on song indexing. When songs are added to it they're given a four character file name which is much cheaper to store as an index in RAM than a 255 character name. The song's metadata is added to the iPod's database and displayed in a variety of ways. Smart Albums and different sorting methods (by Artist, Album, Song, Composer, etc.) aren't going to work without an index of the device's content. Dragging files to arbitrary directories is not condusive to indexing as the iPod would then have to store file names up to 255 characters and do all the indexing itself instead of the host computer. A 2GHz PC can do the indexing and file organization a lot faster than an 80MHz iPod. A feature to make the iPod useful to a large number of people and an effective device is definitely not a defect.

If you want drop and drop support stop complaining about the iPod and go buy a player that supports it.

Re:Avoid defective by design

[AusIV]

Way to troll. iPods not being able to drag and drop has absolutely nothing to do with DRM. Apple uses iTunes to simplify the iPod interface. Many average and below average computer users (the target audience for iPods) have to be instructed on how to view their C drive in windows explorer. iTunes creates an incredibly straight forward interface for putting music on your iPod. It also streamlines indexing so the iPod can find files quickly and easily, decreasing the delay between tracks.

The directory structure of iPods, while complicated, has been used by a number of third party applications. There is a program called ephPod that allows Windows users to manage their iPods without a iTunes, and I use Amarok for Linux to manage my iPod, which uses libraries from gtkPod, another program for managing iPods.

Nobody's forcing you to use an iPod if you don't want one, but I'm able to use my iPod without DRM on the operating system of my choice with software of my choice. Just because iPods are capable of playing DRM doesn't mean they're limited by the DRM.

United Front

[mathemaniac]

The general population has very little idea about what DRM is or means. Here's an example: The DVD/VCR combo. Albeit anecdotal, several of my acquaintances have bought these products with the naive intention of renting a dvd and recording it to VHS tape, and needless to say, been very disappointed. Or the DVD-burner console, with the same type of intentions. None of them had any idea about copy protection, and certainly their intentions were less than honorable.

But the point is that not being tech savvy, they are clueless as to what the superficial applications of DRM are, let alone the deeper implications. Until more of the general population is made aware of what is at stake, DRM will continue unabated because people buy it. Fortunately, there have been signs that the main stream media are noticing the implications of DRM as evidenced by recent articles in the New York Times.

DRM will fail on its own

[nightfire-unique]

DRM will fail on its own, because it is anti-consumer, and impossible (cryptographically speaking) to implement securely. We live in a (mostly) free market society. As publishing firms continue to push DRM, new markets will open and will eventually replace the DRM firms, by offering superior products.

In the meantime, fight it, because it is a good thing to fight.

But fight even harder against legislation that enshrines and codifies their right to monopolize above and beyond encrypting their content. The most important tool we have in protecting art and the public domain is our freedom to innovate, create, analyze and discuss. These freedoms are being threatened every day - not just in the United States. Even my own country (Canada) is under attack by the various recording companies and individuals with a stake the game.

The DMCA is bad, but it can get even worse. While the market can currently fend off corporate greed and attacks on fair-use and information exchange, it cannot do so if we allow corrupt legislators to override the individual decisions we all make every day.

Just my $0.02.

Re:DRM will fail on its own

[Midnight Thunder]

Companies always scream 'let the market decide', yet they manage to pressure politicians into passing laws which are anything but the market deciding. I don't live in the USA, so normally this shouldn't bother me but it does. It bothers me because the USA in turn manages to pressure members of international trade to establish the same laws, or risk being excluded from international trade. It is disgusting, but that's what seem to be happening. While I hold out hope for the customer to win this one, it won't be easy since the media industry has so much more money to influence the powers that be. At least having their security systems bypassed makes them think about the money the invested in these stupid systems.

On the other hand we have some companies, such as Disney, who recognise that piracy is another business model and that if this business model is succeeding then something is going wrong in their own business model. In many ways they have got passed the point of denial and started recognising maybe they should be taking another approach. Unfortunately this is not true for the rest of the large media companies. Two of the issues I see are pricing and availability:

- Pricing: If you look at the DVD series of Star Trek and Farscape, then you are looking at around $140 USD+TAX per season. This sort of pricing stinks of price gauging and targets the core fans. Anyone else who is interested, yet doesn't want to pony up that sort of cash, in acquiring the series either pirates or goes without. On other hand when you see a series such as 'Stargate SG-1' retailing at $30 CAD+TAX, you are tempted into making a purchase.

- Availability: What do I do if I want to buy some music not available in my country? Sometimes if you hunt down hard enough you may find some willing to order it for you, but it isn't easy. Now that there are online stores, such as iTunes, you would have thought you would finally be able to buy music from anywhere easily: wrong, since the music industries still impose their outdated distribution limitations on online stores.

Although I did mention two, DRM makes buying online music inconvenient and also makes it hard to explain to your parents why they can't do what they want with their music. For me technology is all about making the difficult easy, yet DRM is all the opposite: making the easy difficult and makes listening to my legally bought music akin to trying to deal with government. I still buy CDs because they are free of DRM and easy to use because of it.

DRM List

[solitu]

Someone posted a good list about Vista's DRM against XP's DRM http://msmvps.com/blogs/chrisl/archive/2007/01/25/ 519180.aspx

How about a chain letter from us to everyone?

[callmetheraven]

Probably every single person on Slashdot has received all the "boilerplate" emails that circulate the web eternally it seems. The rocket-powered-impala, the no-headlights-gangsters, the endless new-virus-gonna-format-your-HD warning mails forwarded again and again Aunty Marcia, etc ad nauseum.

But what if WE did the same thing? What if the most articulate amongst us came up with a DRM warning letter, and we forwarded it to all the Joe Sixpacs of our worlds with the a title like "WARNING: DRM THREATENING YOUR PC" and "FORWARD THIS TO ALL YOUR FRIENDS!!" message?

Maybe I'm just idealistically dreaming, maybe I'm being a little rtarded, but how else will Joe Sixpack ever find out otherwise? Broadcast media? Nope. Blogs? Not the ones he's reading. And you know Joe HAS read about the rocket impala.

Re:Right "rights".

[Anonymous Coward]

Fair use is definitely not in the US Constitution, and I doubt it's in any others. It just gives the Congress the right to issue copyrights, patents, etc, for a "limited time". Unfortunately it does not specify any other limits on this power, nor does it spell out how long a "limited time" should be.

Congress has the power to make all fair use null and void, and to extend patents and copyrights to 3.2 billion centuries from the date of issue. That's legal.

The US economy was built on patent infringement, though. Once we "pirated" enough to get a leg up on the Europeans, we erected intellectual property walls to hold our advantage.

The US is now, intellectual property-wise, in the position of 19th century Europe. High legal barriers protecting old, wealthy, stagnant industries. China is in the position of the US in the 19th century--nominal legal barriers and lax enforcement. And unfortunately for us, the result will likely be the same.

Re:This isn't about freedom

[bmo]

From earlier in the month, from Usenet, a post from Me. This is what DRM does.

*begin paste*

Alt.Rhode_Island buys music. REPOST

So I'm an Elvis Costello fan. I bought "The River In Reverse" and "The Delivery Man"

The CD for "River in Reverse" wasn't copy protected, but the DVD would only play in my wicked small low-fi portable DVD player that has 1 inch speakers. It craps out after about 5 minutes in anything else. I watched the whole thing. It wasn' worth the effort. They're doing copy protection for THAT?

The first CD in "Delivery Man" is copy protected and will only play in the low-fi DVD player.

I heard mutterings of the CEO of UMG saying that ipods are repositories of stolen music. I didn't figure that he'd be stupid enough to follow through. And good luck figuring this out on your own, as these disks are not labeled as such plainly. The "Delivery Man" cd is labeled as "enhanced cd" on a tiny logo on the back of the package instead of the standard Compact Disc label. In other words, they get around not selling a Compact Disc by not calling it a Compact Disc as defined by the Phillips standard (which gets the manufacturer the Compact Disc label).

I went to the UMG site that describes the copy protection. Apparently if you have a Macintosh you're screwed. They're "working on it" because they say that the only software they have to let you play the cd works only for Windows PCs and it's spotty on that depending on the age and model of your optical drive.

Fine.

I have been hosed for being an honest guy.

I'm not a thief. I will never pay another cent to UMG. This is insane.

You have been warned.

--
BMO

Re:Change from the Top Down

[JesseMcDonald]

Right, and in the case of racism, there's a very stong way to fight it: don't be racist. And has that worked? Go ask your local redneck.

I would say that the approach in question has worked at least as well as any other that does not itself involve actions which are themselves worse than racism.

AAC is not by Apple, and not DRM only

[zoeblade]

Considering that the article cites Wikipedia, it's curious how it perpetuates the myth that AAC was "invented and promoted by Apple." While Apple is one of the corporations using it, and it does support FairPlay, it is possible to have completely non-DRM-encumbered AAC files. I've ripped most of my CD collection into AAC format using iTunes with no restrictions placed on how I use those files. The format wasn't invented by Apple either. From Wikipedia: "AAC was developed with the cooperation and contributions of companies including Dolby, Fraunhofer (FhG), AT&T, Sony and Nokia, and was officially declared an international standard by the Moving Pictures Experts Group in April 1997."

Re:Change from the Top Down

[Aladrin]

Yeah, kill all the rednecks!

Er, make it illegal to be a redneck!

Er, boycott redneck products!

Wait, what was your argument again? I think you forgot the references to Nazis and Hitler. Throw in some other completely unrelated emotion-jerking things, too.

The way to fight DRM is not just to 'not use it', it's to show all your friends how cool it is NOT to be DRM-infested. See what I can do?
*drags music files to a blank CD on the desktop and the CD burns*
Neat, huh?
*drags video to an portable video player and it auto-resamples it, then shows that same video can be shown on the TV in the living room without any extra work*
Neat, huh?

When they realize they can't do half the neat stuff with their DRM-infested files, they'll consider that each and every time they make a purchase in the future. Until then, you cannot make the common consumer care.

Re:Change from the Top Down

[Deskpoet]

In the case of DRM, the worthiest undertaking may be to climb the corporate ladder; and effect change from the top down.

Corporations are the *originators* of these policies; they do so to PROTECT SHAREHOLDER INTEREST. As long there is value in artificial scarcity, DRM and its ilk (yes, copyrights, patents and every other government-sponsored legalistic chokehold on information) will thrive--and necessarily exist. If anyone "on the inside" sought to change these policies, they would be rightly seen as acting outside of their shareholder mandate and would be FIRED. (You could argue that such individuals could make convincing arguments that there is MORE shareholder value to be had by being open with information, but *any* initiative that appears as though it might impinge on future profits would quickly die a flaming death.)

How this comment was modded up is beyond me.....

New Zealand's own DCMA

[Blancmange]

Now's a good time to oppose this bill:
http://www.brookers.co.nz/bills/new_bills/b061021. pdf

Particularly obnoxious is Section 226. Breaking a technological protection measure (TPM) even if only to play music you legally bought can land you in prison - unless you're one of the 'qualified' persons such as a librarian.

This blog I picked from a list of Google hits has a fair bit to say about the bill:
http://artemis.utdc.vuw.ac.nz:8000/pebble/2006/12/ 18/1166402040431.html