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Father of MPEG Replies To Jobs On DRM

marco_marcelli writes with a link to the founder and chairman of MPEG, Leonardo Chiariglione, replying to Steve Jobs on DRM and TPM. After laying the groundwork by distinguishing DRM from digital rights protection, Chiariglione suggests we look to GSM as a model of how a fully open and standardized DRM stack enabled rapid worldwide adoption. He gently reminds Jobs (and us) that there exists a reference implementation of such a DRM stack — Chillout — that would be suitable for use in the music business.

234 comments

  1. Completely Moot by Anonymous Coward · · Score: 3, Interesting

    It has already been established that DRM is bad. It doesn't work and it hurts everybody.

    So frankly, who cares about this small part of Jobs' argument?

    His main point -- that there shouldn't be DRM -- is correct.

    1. Re:Completely Moot by truthsearch · · Score: 3, Interesting

      Another big influence in the market thinks differently. According to Microsoft: "Our view is it's our job to provide the technology and the content providers can tell us what kind of restrictions and policies they want to apply to that."

      So Microsoft could choose to go a more flexible route with DRM. That might change the market. But I think we all know that's not going to happen.

    2. Re:Completely Moot by Anonymous Coward · · Score: 0

      His main point -- that there shouldn't be DRM -- is correct.

      Since he sticks "FairPlay" even on music copyright holders don't require DRM on, I'd say he's also hypocritical.

    3. Re:Completely Moot by limecat4eva · · Score: 1

      The way to express it to the suits is "DRM hurts your sales." I think that was the real thrust of Jobs's argument, that music companies could stand to expand their market presence immeasurably if only they promoted interoperability and ease of use—and that's just impossible as long as they insist on DRM.

      --
      comma
    4. Re:Completely Moot by zappepcs · · Score: 1

      As long as you have the complete understanding, could you please go explain this to Mr. Gates and that man with the chair?

    5. Re:Completely Moot by Mateo_LeFou · · Score: 4, Insightful

      He's right that redefinitions of digital "rights" "management" to suit the speaker is pernicious, but in my opinion it's because the people trying to implement the stuff are almost always being deceptive.

      If "management" *could mean (as TFA suggests) just attaching stuff to your work that indicates what you think your rights are, I'm all for it I guess. Attach it, be honest, and I'll avoid most of your crap like the plague.

      But what many technologies do is actually digital rights *enforcement (i.e. of what your rights are) on people who might not share that opinion; in a great many instances, the federal government agrees with the *recipient about what is allowable.

      --
      My turnips listen for the soft cry of your love
    6. Re:Completely Moot by martin · · Score: 1

      I agree, until the DRM algorithms get implanted in the brain there's always a way around it - microphones!

      Waste of time and effect.

      In fact the current situatuio is worse than no DRM, as the music co.s think they some "security" when they in fact don't.

    7. Re:Completely Moot by Mateo_LeFou · · Score: 5, Insightful

      "Our view is it's our job to provide the technology and the content providers can tell us what kind of restrictions and policies they want to apply to that."

      That's an interesting opinion to have. If party X is in charge of dictating the restrictions and policies in your product, isn't party X your real customer?

      --
      My turnips listen for the soft cry of your love
    8. Re:Completely Moot by JAFSlashdotter · · Score: 1

      It has already been established that DRM is bad. It doesn't work and it hurts everybody.
      Not true! It doesn't hurt the snake-oil-salesmen who peddle the DRM technologies! They're getting rich off of selling a product they can't possibly believe will work for more than a few hours. I don't get how anyone falls for it anymore, but I guess Barnum was basically right, even if he had the frequency a little low.
      --
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    9. Re:Completely Moot by FauxPasIII · · Score: 1, Insightful

      > I agree, until the DRM algorithms get implanted in the brain there's always a way around it - microphones!

      (USian-centric post follows)

      Used in that context, microphones are already illegal under the DMCA. It's not hard to imagine a near future where it's illegal to sell speakers or mics which are not DRM-enforcing, with a short grandfathering-in period for already-owned analog-fed gear.

      The legal chains are complete. The enforcement machinery isn't in place yet, but it's coming.

      --
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    10. Re:Completely Moot by MindStalker · · Score: 4, Insightful

      But the thing is, if Microsoft says, We are going to implement Y system which has XZ restrcition capabilities. The content owners only have XZ as options. But MS choose to have as many restriction capabilities as possible.

    11. Re:Completely Moot by Zeinfeld · · Score: 5, Interesting
      The way to express it to the suits is "DRM hurts your sales." I think that was the real thrust of Jobs's argument, that music companies could stand to expand their market presence immeasurably if only they promoted interoperability and ease of use--and that's just impossible as long as they insist on DRM.

      Jobs and Gates are essentially doing the same thing here. They both understand that DRM is pretty bogus, they are both supporting it since that is the only way to bring the content providers onboard at the moment.

      Having attended one of Leonardo's SDMI meetings I would not trust him as far as I could spit. He was the architect of the SDMI fiasco. I have no confidence in either his technical or his political skills.

      Incidentally the title father of MPEG is somewhat overblown.

      --
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    12. Re:Completely Moot by Stocktonian · · Score: 1

      I hate DRM, but that's only in its current form. DRM isn't intrinsically bad. Only when used to steal rights that would otherwise be afforded to the customer is it "wrong". In fact it should probably be illegal. Here in the U.K. it's still illegal (as far as I'm aware) to format shift. So having DRM that prevents that isn't "a bad thing" on it's own. We should change the law and ensure that DRM is used within the limits of that law. Format shifting is necessary in this day and age, should be legalised and DRM users should be made to respect that. The idea that media companies can suddenly decide what "rights" you're going to have based upon how much you pay them is insulting.
      If anyone out there actually wants Chillout to take off then they should start looking for holes in it.... Then fix them!

      --
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    13. Re:Completely Moot by iamacat · · Score: 2, Insightful

      To be successful in anything, one needs to know when what you believe in is going to be practical or not. Different permissions on music bought from the same store are going to be confusing for both consumers and music labels. A user will not be happy if he brings a CD full of AACs to his friends place and only 1/3rd of them play. Let him burn a plain CD instead and be able to play everything. Big labels will complain that Apple is promoting other people's songs as superior to theirs and withdraw, or demand that Apple also allows them to set custom, more or less restrictive permissions, or variable prices.

      In the same way, Apple ties OSX to their hardware, because otherwise it would be either widely pirated or need Windows-style activation. But they are willing to sell upgrades and even expensive pro software without copy protection. All in all, they are making an effort to minimize DRM and its side effects for legitimate users.

    14. Re:Completely Moot by kripkenstein · · Score: 2, Informative

      It has already been established that DRM is bad. It doesn't work and it hurts everybody.

      Also, Chillout isn't the only open-source DRM project, Sun has (had?) their DReaM initiative. But none of these attempts seem to be gaining any traction. The only widespread DRM scheme is Apple's, and Jobs himself says they would rather not be using it at all. The media companies should listen to him and finish the entire embarrassing affair.

    15. Re:Completely Moot by ClosedSource · · Score: 1

      "To be successful in anything, one needs to know when what you believe in is going to be practical or not. "

      Sure, that's a practical POV. It's just not one that is consistent with believing DRM is bad. As I said in a related discussion, nobody forced Apple to open the iTunes store. If Jobs realized that it couldn't be successful without DRM and he really believed DRM was bad, he would have decided against opening the store in the first place. If Jobs was correct when he claimed that only a small percentage of iPod users buy songs from iTunes, the iPod would be a success without iTunes.

      His actions are inconsistent with the philosophy he claims to have.

    16. Re:Completely Moot by arose · · Score: 4, Interesting

      Different permissions on music bought from the same store are going to be confusing for both consumers and music labels.
      You certainly don't want to confuse customers with all that freedom, why, they might start asking why they can't do all the nice things with all tracks they buy. And we wouldn't want them to learn about the evils of DRM, no sir, they should just think thats the way the world now works.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:Completely Moot by Tony+Hoyle · · Score: 2, Informative

      Here in the U.K. it's still illegal (as far as I'm aware) to format shift.

      Yes it is. For example it's technically illegal to use a video recorder or Tivo or to rip a CD that you own into itunes (the apple 'rip, mix, burn' advertising was in fact an incitement to break the law - a crime in itself).

      However a law has to be backed up by enforcement to by effective. Nobody has ever tried to jail someone for recording Eastenders for example.. and they would look pretty damned stupid if they did. It's unlikely such a prosecution would succeed anyway.

      The a recent report proposed making format shifting legal, and having a specific exception on copyright law for parody (another thing we don't have that the US has).

      (btw. it's written for politicians so has cheesy things like a 'what is IP' section.. it does mean it's readable though).

    18. Re:Completely Moot by IdleTime · · Score: 1, Informative

      Luckily, my home country is smarter than this. Norway is already pounding on Apple and when DRM is gone, thank Norway!

      --
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    19. Re:Completely Moot by node+3 · · Score: 4, Insightful

      So Microsoft could choose to go a more flexible route with DRM. That might change the market. But I think we all know that's not going to happen. When I buy a song from iTunes, I know *exactly* the rights and restrictions applied. Everything in my iTunes library has exactly one of two restrictions: the FairPlay DRM set and none.

      With Windows Media Player, I have no fracking clue. Will this track self-destruct in 3 plays? Will this track play indefinitely? Can that track only be used while my subscription is active? Can this one be burnt to a CD?

      MS's approach to DRM is the same as their approach to Windows PC technology and is the exact reason their ecosystem, while vast in scope, is also vastly inferior. It's precisely this issue that has led MS to go with the more vertical approach with the Xbox and Zune. It's interesting to note that these two markets where MS is the underdog, where they must woo the consumer with a superior experience if they are to have any hope of success, they take the more controlled, limited approach (the type of approach, in fact, that they deride Apple for taking with their PC hardware and their iPod).
    20. Re:Completely Moot by VertigoAce · · Score: 3, Insightful

      If they're targetting Apple, you can look forward to a version of iTunes that doesn't work with iTMS and an iPod that is incapable of playing any DRM-protected songs. Apple does not have the right to remove DRM from the songs it sells. The real target should be the companies that license the songs, since they are the only ones that can control the terms of distribution for their content.

    21. Re:Completely Moot by tapehands · · Score: 1

      They already have went with a more flexible DRM on the Zune.

      For instance, Sony & Universal have chosen to disallow "squirting" (IE: Zune's wifi sharing feature) of some of their music collections. All of this and Universal even gets a cut of the Zune sales. Before music is even loaded on the device.

      That bears repeating. A music company that did not have a hand in producing the hardware receives part of the sales of that piece of hardware, before any music even touches said hardware. Yet this same company will not allow some of its songs to be shared, even under an already restrictive DRM scheme (a "squirted" song lasts 3 days or 3 plays).

      Additionally, this device 100% does not support the PlayForSure DRM scheme that Microsoft championed right up until the Zune launched.

      If that isn't flexible DRM (in favour of very large, very ignorant companies), then I don't know what is.

      I think it was either PA, or a Slashdot comment that stated something like, "eventually DRM will force hardware to a point where the major music player-companies put out a box with one button on it. When you press this button nothing will happen. Fortunately, the hacker community will get a hold of it and make it open garage doors or some such madness."

    22. Re:Completely Moot by Fred_A · · Score: 1

      Another big influence in the market thinks differently. According to Microsoft: "Our view is it's our job to provide the technology and the content providers can tell us what kind of restrictions and policies they want to apply to that."
      Which is exactly what has structured the market so far. In Europe at least, when you look at downloadable content available for sale (or rental) movies or TV series, they are always wrapped in MS DRM. The services even typically have a little note up saying that they apologize for not being able to serve users of non MS platforms but that content providers insist on strong protection and that only MS DRM provides that.

      This not only pushes the corresponding DRM technology but also the only platform that supports it. All in all it's fairly devious and certainly not a coincidence.
      --

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      Made from the freshest electrons.
    23. Re:Completely Moot by shmlco · · Score: 3, Interesting

      "If Jobs realized that it couldn't be successful without DRM and he really believed DRM was bad, he would have decided against opening the store in the first place.

      Or he could, you know, like, open the store and let the MARKET decide how they felt about it.

      Being "consistent" would have removed OUR choice in the matter. It's one thing to get on your high horse and make a decision. It's quite another to do so and assume that what you're doing is right for everyone else. For example, I've no doubt that a pro-life individual would be happy to stand up and make your decsion for you in that matter, but that ignores you right to choose for yourself.

      Further, consistency is the hobgoblin of small minds. Steve could well have accepted the idea that DRM is a neccessary evil and now, after years of actually running the business that's the iTMS and seeing the results, decided that it's no longer needed.

      I "expect" people to be able to look at the world and have the wisdom and courage to change their minds if needed.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    24. Re:Completely Moot by kosmosik · · Score: 2, Insightful

      > It has already been established that DRM is bad.

      It is somekind misleading for me. DRM itself is not bad per se - it is only a product, a technology. Same as with knifes - knifes are not bad. It is bad to kill somebody with knife but not bad to prepare delicious meal using knife.

      So using DRM to take their rights from users is bad. Not DRM per se. DRM as a way to control information is neutral. It would me nice to have The Good DRM in your use. F.e. in organisations that proces confidential data - to control how/where and by whom the file can be opened would be Good Thing to have.

      So it is not DRM that is bad. What is bad is the notion to use DRM to take away our rights.

    25. Re:Completely Moot by dch24 · · Score: 4, Informative

      In case you wonder what SDMI was (this was me), and how it relates to Mr. Chiariglione today, hopefully this will save you a little time.

      The End of SDMI

      The reason why the article says SDMI is "ending" is because SDMI was a "solution" to the MP3 problem of the late '90's. When Eric Scheirer wrote the article for MP3.com, he had this to say:

      "The solution is to get the technology companies into bed with the record industry. But the consumer-electronics industry knows a hard lesson that the RIAA has yet to learn: regardless of the business model, it has to start with value to the consumer. What it all adds up to is this: the floodgates are opening. Portable devices will be huge for Christmas this year [Article published Oct 15 1999]; they will all play MP3, and none of them will be SDMI-compliant in any way that matters."

      So if SDMI (Mr. Chiariglione 's baby) was truly failing in October of 1999, and MP3 was going to be the wave of the future, the core problem was DRM.

      But Mr. Chiariglione had a rebuttal for that article (also on mp3.com), just like he has a rebuttal for Jobs today.

      SDMI Checks In

      Moreover, in contrast to your report on October 15, SDMI is not merely some theoretical possibility. I am sure you have seen the same announcements I have-advertisements and other public statements that announce the intention of some leading manufacturing companies to produce portable devices complying with the SDMI specification.

      Mr. Chiariglione is convinced that SDMI will be a success.

      Finally, read the Wikipedia article on SDMI for the rest of the story:

      Scheirer's comments proved to be correct; the SDMI has been inactive since May 18, 2001.

    26. Re:Completely Moot by littleghoti · · Score: 1

      It has already been established that Comic Sans is bad. It makes it hard to read and hurts everybody.
      So frankly, who cares about this small part of Leonardo Chiariglione's argument?
      My main point -- that there shouldn't be comic sans on the internet -- is correct.

    27. Re:Completely Moot by killjoe · · Score: 4, Insightful

      Gates and Jobs are not essentially doing the same thing. One is telling the music companies to drop DRM the other is saying "whatever you want we will give it to you". I think most people can tell the difference between those two positions.

      --
      evil is as evil does
    28. Re:Completely Moot by briancnorton · · Score: 0, Flamebait
      It has already been established that DRM is bad. It doesn't work and it hurts everybody.

      Who established this? When? DRM is "bad" only when used in such a way that it impinges on the assumed rights of consumers.

      Lets say that there was a magical, uncrackable DRM system that let you use your media where ever, whenever you wanted, but you couldn't copy it and give it to your friends. Is that "bad?" The arguments against current DRM schemes are valid and numerous, but the fundamental principle of protecting intellectual property from theft is an important one in a capitalist economy. It took money for Britney Spears to write, record, produce, market and disseminate her music so why should she (or her investors, record company, etc) not be able to profit from it? The *concept* of DRM is only "bad" for those that want steal. It's the implementation that has thus far sucked rotten.

      Say what you will about the current business model of the music industry, but stealing music is not ethical, not legal, and not defensible.

      --

      People who think they know everything really piss off those of us that actually do.

    29. Re:Completely Moot by davester666 · · Score: 3, Informative

      When I buy a song from iTunes, I know *exactly* the rights and restrictions applied. Everything in my iTunes library has exactly one of two restrictions: the FairPlay DRM set and none.

      Actually, this isn't completely true. A year or two ago (possibly more) Apple changed the number of computers you could authorize at one time and the number of burns you could make of a given group of songs. Since they can't legally [IANAL] change the rights of music you have already purchased, you may have Fairplay music with two different sets of 'rights'.

      Course, it's not nearly as crazy as MS's two setups[Zune and wmv], where you don't necessarily know what rights you were granted until after you purchase the tune and examine the rights [I have no idea where/how someone would do this as I have never purchased anything with MS's DRM applied to it].

      --
      Sleep your way to a whiter smile...date a dentist!
    30. Re:Completely Moot by maxume · · Score: 1

      So you don't care at all about drm right? Because it's even more vile than marking works 'mine', so you must not want anything to do with anybody who breathed the same air as somebody who has work out under drm right?

      For content originators, drm is a misguided incentive to share; if the work isn't shared, the drm doesn't matter anyway.

      --
      Nerd rage is the funniest rage.
    31. Re:Completely Moot by msobkow · · Score: 1

      I think the "moot" drops back to a quote from the article:

      Since its introduction 5 years ago some 90 million iPods and some 2 billion iTunes tracks have been sold. The numbers look impressive but simple math tells you that for each iPod sold only an average of just 22 tracks have been purchased.

      In other words, only 1-2 CDs worth of track per iPod are sold by iTunes. The rest of the music people are playing just use regular MP3's. I know I'd be ripping my 1200+ CDs before I'd be spending $1/track, which works out to $15-22/CD vs. buying a CD for $12-15 new or $5 used.

      What frosts me is that my favourite WinXX media software got bought up by Sony and now only rips ATRAC format. While I can disable the copy protection with Sony's ATRAC, I can't play it with other devices. So I rip with iTunes, import to Sony's player so I can transfer to the MP3 player, and curse the convoluted workarounds every step of the way... and even more so now that I don't have access to my WinXP box. I can't download new music to the player because I don't have Sony's software on Linux (my backup box. Main box is in surgery.)

      --
      I do not fail; I succeed at finding out what does not work.
    32. Re:Completely Moot by admactanium · · Score: 1
      Actually, this isn't completely true. A year or two ago (possibly more) Apple changed the number of computers you could authorize at one time and the number of burns you could make of a given group of songs. Since they can't legally [IANAL] change the rights of music you have already purchased, you may have Fairplay music with two different sets of 'rights'.
      i don't think you're right on that. i have some itunes store music that was bought before the change to the drm terms of service that gave you 5 activations. i believe ALL music bought through the itunes stores was retroactively updated to the new rule of 5 activations, unlimited burns and unlimited ipods (those last two were already there). i don't believe the activation information is kept on the music files themselves, but the itunes applications. i wonder if they can change the rights of the music to be less restrictive.
    33. Re:Completely Moot by Blakey+Rat · · Score: 1

      TV networks creating compelling programming so that viewers will watch it. They all compete to give maximum ad value to advertisers (lowering the price of ads, increasing the viewers to the network, etc.) Which group (viewers or advertisers) is their "real" customers?

      Point is, lots of industries serve as middle-men between different customers. Apple isn't doing anything new or revolutionary.

    34. Re:Completely Moot by Zeinfeld · · Score: 1, Interesting
      Gates and Jobs are not essentially doing the same thing. One is telling the music companies to drop DRM the other is saying "whatever you want we will give it to you". I think most people can tell the difference between those two positions.

      OK, you tell me which one you think is Jobs and which you think is Gates here.

      Jobs has been giving the RIAA exactly what they want since the launch of iPod. He clearly has no intention of changing. The only 'change' in his position here is that he has repeated earlier statements that the demands made by the RIAA are counterproductive

      The real issue for the RIAA is not really preventing copyright theft, it is protecting the system which allows the labels to extract the majority of the profits from the system, locking bands into unequal contracts and usually cheating them of the royalties that they are due.

      The MPAA is much less concerned because the studio system is long gone, direct distribution is not a threat.

      --
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    35. Re:Completely Moot by dlim · · Score: 2, Informative

      So Norway is calling for Apple to abandon DRM? I thought they were just asking for interoperability.

    36. Re:Completely Moot by davester666 · · Score: 1

      Actually, this isn't completely true. A year or two ago (possibly more) Apple changed the number of computers you could authorize at one time and the number of burns you could make of a given group of songs. Since they can't legally [IANAL] change the rights of music you have already purchased, you may have Fairplay music with two different sets of 'rights'.
      i don't think you're right on that. i have some itunes store music that was bought before the change to the drm terms of service that gave you 5 activations. i believe ALL music bought through the itunes stores was retroactively updated to the new rule of 5 activations, unlimited burns and unlimited ipods (those last two were already there). i don't believe the activation information is kept on the music files themselves, but the itunes applications. i wonder if they can change the rights of the music to be less restrictive.

      Well, they might not have implemented it to respect the license that you purchased the music under, but Apple definitely changed the rights. IIRC, they increased the number of computers you were permitted to play purchased music on, but DECREASED the allowable number of burns you were permitted of a group of songs. From "You shall be authorized to burn an audio playlist up to seven times". The previous limit was 10 burns. Checkout this article

      Actually, this is one of the reasons Norway is harassing Apple. It's because Apple reserves the right to change the terms of the license AFTER you have completed the purchase.

      --
      Sleep your way to a whiter smile...date a dentist!
    37. Re:Completely Moot by RightSaidFred99 · · Score: 1
      Established by who, a bunch of filthy dweebs on some Internet news/discussion forum? I know you freaks engage in a lot of groupthink, but it has certainly not been established that "DRM is bad".

      DRM is a tool, and it has positive (for the producers and indirectly for consumers) and negative (for same) aspects. The key is to get it done right, or not at all.

    38. Re:Completely Moot by dangitman · · Score: 1

      In Norway, one person (the ombudsman) commented that the iTunes store should be illegal. One person. How does this equate to Norway "pounding" on Apple?

      --
      ... and then they built the supercollider.
    39. Re:Completely Moot by admactanium · · Score: 1

      but can't you just delete the playlist and recreate it and burn it again? i don't really know since i've never wanted more than 2 copies of any playlist i've created. not sure why i'd want more than ten copies. even if i really did want more than ten copies, i'd probably just dupe the cd itself rather than burn each one individually from itunes.

    40. Re:Completely Moot by davester666 · · Score: 1

      but can't you just delete the playlist and recreate it and burn it again? i don't really know since i've never wanted more than 2 copies of any playlist i've created. not sure why i'd want more than ten copies. even if i really did want more than ten copies, i'd probably just dupe the cd itself rather than burn each one individually from itunes.

      While I've never even tried burning a playlist as I listen to all my music either on my computer or on my iPod, I've read reports on the web that iTunes does track what playlists have been burned and prevents you from trivially deleting and recreating a playlist to get additional burns out of iTunes directly. I'm sure there is some file/files you can edit or delete to reset this, but it's definitely not as trivial as just recreating the playlist.

      And yes, if I wanted more than 5 copies of the same music, I probably would use something like Toast or Disk Utility to copy the burnt CD...

      --
      Sleep your way to a whiter smile...date a dentist!
    41. Re:Completely Moot by Fordiman · · Score: 1

      I doubt the veracity of calling GSM a form of DRM. GSM isn't content protection, it's a form of end-to-end privacy encryption. Calling it DRM is as much of a stretch as calling SSH a form of DRM.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    42. Re:Completely Moot by Anonymous Coward · · Score: 0

      By the same logic, how dare you not want to pay tea taxes to the King of England? It costs money to run an international empire....

      When the music industry admitted to price fixing, as far as I'm concerned, they admitted that they were stealing from the public as a whole. The theft of music can be reasonably seen as simply stealing back what they took illegally to begin with....

    43. Re:Completely Moot by killjoe · · Score: 2, Insightful

      "OK, you tell me which one you think is Jobs and which you think is Gates here."

      You honestly don't know? You didn't read the recent open letter by jobs? You should.

      --
      evil is as evil does
    44. Re:Completely Moot by ClosedSource · · Score: 1

      To put it bluntly, if Jobs wants the market to decide, then he should let it decide and keep his own mouth shut. The difference between Jobs and Gates on this issue is that Gates isn't pretending that he's putting the "little guy's" interest above his own. To use the cliche, Jobs is talking the talk but not walking the walk.

    45. Re:Completely Moot by senatorpjt · · Score: 4, Insightful

      Advertisers are the customers. Viewers are the product.

    46. Re:Completely Moot by Thrudheim · · Score: 1

      Here's the deal. The change in rights took place in conjunction with an update to the iTunes software. When installing the update, the user as usual had to click to agree to the licensing terms. Someone who chose not to install the software update lived under the older terms (10 burns of a playlist and 3 authorzed machines) and still could be doing so. Of course, Apple can provide strong reasons to upgrade by preventing old versions of iTunes from being used to buy iTMS music. Buyers of new iPods also must have new versions of iTunes.

      Personallly, I am very glad for the change. It took loosened a restriction that affected me (the limit to three machines), and tightened one that has absolutely zero impact on me and never will. It is trivial to get around the seven-burn restriction, and after years of using iTunes I don't think I've ever burned the same playlist more than two or three times anyway.

      We'd be better off without DRM, but I have to say that Apple's DRM has never actually prevented me from doing anything I wanted to do.

    47. Re:Completely Moot by briancnorton · · Score: 1

      How is this flamebait? You have no moral high-ground here, Stealing music is a crime. Existing DRM schemes are a pain in the ass, but that doesn't make stealing the music any less of an unethical action, and an illegal one in countries that are signatories to the Berne convention. (almost all of them) The geek community is getting a really bad name from communo-anarchism masquerading as a noble defense of civil liberty.

      --

      People who think they know everything really piss off those of us that actually do.

    48. Re:Completely Moot by Zeinfeld · · Score: 1
      You honestly don't know? You didn't read the recent open letter by jobs? You should.

      And you should read the same statements made by Gates.

      The computer companies would all much prefer it if the content providers did not insist on DRM, it is not there to protect their interests.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    49. Re:Completely Moot by shaitand · · Score: 1

      He can say anything he wants in open letters. Actions speak louder than words.

    50. Re:Completely Moot by Baricom · · Score: 1

      Law does not necessarily equate to ethics. In my mind, creative works locked up for a century (subject to extension if the price is right) behind copyright law is ridiculous, and in fact, makes the recording industry the thieves, and the public the victims. This is especially the case in an era where a single song is owned by dozens of companies - one holding the rights to the lyrics, another for the score, another for mechanical rights, another for public performance rights, and more. Will we ever know for sure that a work has entered public domain?

      Copyright should only last 10 years, if that. I don't feel sorry at all for companies that claim people are stealing music from artists who have long been dead and buried.

    51. Re:Completely Moot by larry+bagina · · Score: 1

      iTunes Music store sells entire CDs for $9.99 (if they have more than 10 songs). Double CDs are double expensive, but the price is almost always better than buying a new CD retail.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    52. Re:Completely Moot by Kadin2048 · · Score: 2, Insightful

      Yes, the limit is on the playlist, not on the songs themselves. So if you make a mix CD and burn it 5 times (or 10 times, whatever), it will stop you. But you can delete that playlist, and make a new one that's different, but which could contain some of the same songs, and burn it another x times.

      I'm not sure how closely it tracks the contents of the playlist; you might be able to recreate the same playlist with trivial differences (song ordering, adding a 1s blank track, etc.) and keep churning them out.

      All it does is stop you from mass producing the same mix CD over and over. It's one of those restrictions that I'm sure were insisted on by the record companies, because it has almost no effect whatsoever on reality.

      If you really did want to churn out copies of a mix CD, you can just make one copy, quit iTunes, put the disc in, and copy it using Toast or Apple's Disk Utility. (Oh, crap, I probably violated the DMCA there. Ignore everything I just said, even though anyone with a Mac and an IQ above room temperature could figure it out.)

      This, I understand, is different from WMA's restrictions, where the software actually keeps track of how many times you've burned a track, and will cut you off. Furthermore, many WMA based systems have restrictions that make certain tracks "unburnable," so you can make up a playlist, only to have it fail because certain songs are playable (and event transferrable to a Fauxpod, but not burnable to a Red Book CD).

      The simplicity of FairPlay's restrictions is definitely part of its success.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    53. Re:Completely Moot by daecabhir · · Score: 1

      Yes but the quality of the audio files you are purchasing is NOT as good as CD quality, and you are restricted as to where you can play it. Whereas if you buy a used CD, it is cheaper per song, can be ripped at whatever bit rate you want, and can be played wherever you want. Do I buy from iTunes? Yes, when I can't find a song anyplace else.

      --

      -- daecabhir (this mind intentionally left blank)
    54. Re:Completely Moot by mypalmike · · Score: 1

      If party X is in charge of dictating the restrictions and policies in your product, isn't party X your real customer?

      Party X (the content producer) is certainly a real customer. Selling and licensing technologies to other companies is certainly part of MS's business.

      --
      There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
    55. Re:Completely Moot by Elyscape · · Score: 1

      Actually, this isn't completely true. A year or two ago (possibly more) Apple changed the number of computers you could authorize at one time and the number of burns you could make of a given group of songs. Since they can't legally [IANAL] change the rights of music you have already purchased, you may have Fairplay music with two different sets of 'rights'. I'm pretty sure that there's a clause in the "Terms of Buying and Listening to the Music That We Provide You Because We Are Awesome What Do You Mean We Have Big Egos" thing that states that they can change said Terms of Use whenever and without prior notification. Most Terms of Use policies have such a clause. Thus, it's perfectly legal for them to change the rights of already-purchased music.
      At least, probably. To my knowledge, no "We Can Change This Notice and Claim Your Firstborn Children" section has never been tested in court. Perhaps one day it will be, and will subsequently be ruled invalid.
      --
      I own itburns.net. What should I put there?
    56. Re:Completely Moot by briancnorton · · Score: 1
      makes the recording industry the thieves, and the public the victims

      I think you are suffering from a serious lack of perspective here. You are in NO WAY being victimized. You never had any rights to those artistic works, so they can't really be violated.

      I agree in principle that artistic work should eventually enter the public domain, but 10 years is about the time when a first "greatest hits" album is due. I'm fine with the death of anybody getting non-transferable royalties as an entry-to-public-domain date.

      --

      People who think they know everything really piss off those of us that actually do.

    57. Re:Completely Moot by pimpimpim · · Score: 1
      Yes indeed, and we're screwed even more because advertisers want their material spread to as many people as possible, without asking money to view it. Say, Google has advertisers as costumers, and they earn their money by intermediating for their advertisers: google's job is to show the advertisements to as many viewers as possible. Fortunately for us, they have to do this by giving better search results / e-mail services than the competition. So in a way, this still works in our advantage

      In the case of Microsoft/Movie industry, the Movie industry is not really an 'advertizer'. They probably(?) pays Microsoft to deliver them the most DRM-laden format they can think of, to be able to spread their content whilst getting as much revenue for it as possible. (aka: if you need to buy the same movie twice because your PC needed to be reinstalled and the DRM was locked to the previous install, all the better).

      Still, as a user you have to choice to not watch the crap they call copyrighted entertainment. Use it.

      --
      molmod.com - computing tips from a molecular modeling
    58. Re:Completely Moot by IdleTime · · Score: 1

      Because he has the power to and will to file a lawsuit and Apple is clearly in breach of Norwegian laws. Unless DRM is removed, it can not be considered fair use which means you can copy your music from the iPod to PC to cassette deck for all I care or 78 rpm records. Apple will be found guilty, no doubt about it. I have never seen a more blatant breach of the laws as is the case here.

      --
      If you mod me down, I *will* introduce you to my sister!
    59. Re:Completely Moot by Baricom · · Score: 1

      You are in NO WAY being victimized. You never had any rights to those artistic works, so they can't really be violated.
      I used to have fair use rights. Those mysteriously disappeared around the same time that DRM entered the scene. I also used to have the right to use creative works 28 years after they were published, but that was taken away too. Finally, the Constitution is typically seen as a document that denies the government power, not one that grants rights to citizens. Therefore, if there's a provision that establishes copyright, it's logical to believe that I had the right to works in the public domain before that was temporarily curtailed for the benefit of society.

      I agree in principle that artistic work should eventually enter the public domain
      Is your definition of "eventually" the same one the Supremes use? Because moving the goalposts and "limited times" are exact opposites in my mind.

      but 10 years is about the time when a first "greatest hits" album is due.
      Cool, so they can release it and it will be protected the exact same way such a work would be protected now: you can't copy from the compilation, but you have just as much right to the original releases as they do. Most records go platinum in under 10 years, if ever. Keeping something locked up 90 years beyond that is counter-productive to society; and remember, the whole point of copyright is to benefit society, not the copyright holders.

      I'm fine with the death of anybody getting non-transferable royalties as an entry-to-public-domain date.
      Thanks, I'm glad we agree on something :)
    60. Re:Completely Moot by Umrick · · Score: 1

      His arguement is valid. When the change was made, it applied to all FairPlay protected songs, and you knew exactly what the change was. The point remains that in the windows world, each song can have completely different allowances from any other.

      And yes, legally (disagree all you want) they can change permissions on things you already have. After all, with DRM they own the music, you are simply playing it with the rights they give you. To quote a certain snazzy dresser in black, "Pray they don't alter the deal further." And no, not talking about Jobs.

    61. Re:Completely Moot by daveschroeder · · Score: 1

      FYI, after you've reached the limit for number of times burning the same playlist, you can delete that playlist and simply make another with the exact same songs in the exact same order. The limit is there to prevent iTunes itself from appearing as a tool for mass-producing burned CDs, making it a hassle to use *iTunes* to do such mass-production. As you pointed out, there are numerous other ways to do this, and if you really need more than seven copies of the *same CD*, you can always just make a playlist with the same contents again in iTunes.

    62. Re:Completely Moot by Mr2001 · · Score: 1

      Still on that kick, eh?

      The consumer ombudsman didn't say it "should be illegal", he said that under his interpretation of the law, it already is illegal. Interpreting consumer law is his job, and others have come to the same conclusion for Norway's laws and those of neighboring countries. If Apple doesn't come into compliance with the law by a certain date, a lawsuit will be filed, and in all likelihood they will be forced to comply.

      --
      Visual IRC: Fast. Powerful. Free.
    63. Re:Completely Moot by martin · · Score: 1

      Yeah right - how may microphones are out there? How many will stay in circulation. You guys in the states want 'freedom to carry arms', how about "freedom of speech".

      Sorry Won't work. Can't control guns never mind microphones/speakers etc.

      A technical solution will have a technical bypass Period.

      Sigh.

  2. chillout by Anonymous Coward · · Score: 1, Funny

    Open source... DRM...

    I don't know how to feel just now!

    1. Re:chillout by Anonymous Coward · · Score: 0

      Upgrade your ideology to GPLv3. Conflict resolved.

  3. What's with the Pro DRM Articles? by jdb8167 · · Score: 0

    What's with all the pro-DRM articles recently? I thought /. readers were generally opposed to DRM. I think that is 4 in 2 days.

    1. Re:What's with the Pro DRM Articles? by limecat4eva · · Score: 5, Funny

      Yeah, what's with all the opposing viewpoints lately? We come to Slashdot to turn off our brains, not to actually think.

      --
      comma
    2. Re:What's with the Pro DRM Articles? by Anonymous Coward · · Score: 2, Insightful

      God forbid we try to actually understand the various facets of the argument! Being a zealot is based on blind faith that your view is right!

    3. Re:What's with the Pro DRM Articles? by Loadmaster · · Score: 1, Informative

      I don't think anyone here is anti-DRM. In that. DRM just means the artist gets paid for his work. What everyone is against is that the RIAA and MPAA make DRM incompatible, unwieldy and unuser-friendly as possible and name it the "Thrusting Spear of Pirate Killing" so as to make them seem in the right. I doubt anyone here would have a problem if DRM allowed them to use material they legally purchase how they want instead of having their fair-use rights infringed upon.

      Basically, the RIAA/MPAA is tilting at windmills and stabbing the legit consumer. I have no problem with a well implemented DRM (possible?), but I do take offense to having a lance thrust into me midsection every time I want to buy a movie or song.

      I hope this makes sense. I'm drinking, and no power in the verse can stop me!

      Swi

    4. Re:What's with the Pro DRM Articles? by Loadmaster · · Score: 5, Funny

      Exactly right. If you have a view you better have no doubt, because once you doubt you could be wrong. Which makes your stance untenable. It's like back when God existed. He doubted the logic of his existence and *poof* he disappeared. Do you want to disappear? Then never doubt what you think. Ever.

      42

      Swi

    5. Re:What's with the Pro DRM Articles? by vadim_t · · Score: 1

      Count me as anti-DRM.

      You put DRM in your stuff, I don't buy it, that simple. There's no such thing as good DRM.

    6. Re:What's with the Pro DRM Articles? by XnavxeMiyyep · · Score: 0

      I don't think anyone here is anti-DRM.

      I am anti-DRM. If I buy a song and want to play it on 1000 computers simultaneously, that's my right, because I have BOUGHT a copy of the song, not RENTED one.

      --
      I put the 't' in electrical engineering.
    7. Re:What's with the Pro DRM Articles? by Maxo-Texas · · Score: 4, Interesting

      Based on many past threads and discussions- you are making a bit of an overstatement.

      Lots of people here are anti-drm / information wants to be free. In varies from the college student being as ethical as they can afford to be (buy a few CD's and then pirate the rest when they run out of money) to the folks who have absolutely no respect for copyright to people like me that have no respect for the extended copyright periods that I feel were bought by media companies (If it's over 28 years old, I'll pirate away unless i can get it for a *reasonable* price).

      For example: I put down $200 smackers five seasons for get smart. On the other hand I ahoy'd some 1960-1966 comics in cdisplay format vs paying $50 for them in hardback format. I'll also download things so I can take them on a trip with me- for example I downloaded Moulin Rouge (which I own on DVD) because I wanted to take it with me and not risk losing my original.

      I have a problem with DRM period. I think we have a temporary window where these products are grossly overpriced. I completely disagree that an "artist" should get paid for the rest of their life for a song when the rest of the world gets paid by the hour. The purpose of copyright is not to provide artists/ creators retirement but to encourage them to create works for the public. Given how many artists there are striving to create entertainment today- I really doubt they need any more encouragement.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    8. Re:What's with the Pro DRM Articles? by jlarocco · · Score: 3, Informative

      You put DRM in your stuff, I don't buy it, that simple. There's no such thing as good DRM.

      I'll second that.

      If I can't buy a product without DRM, I'll download it from a torrent site, or I'll go without. If I crack the DRM to get a copy in a different format, I'll be a "criminal" anyway, so might as well go the path of least resistance.

    9. Re:What's with the Pro DRM Articles? by Anonymous Coward · · Score: 0

      > I don't think anyone here is anti-DRM. In that. DRM just means the artist gets paid for his work.

      Funny, it used to work pretty darn well before DRM-- when I would pay the store, the store would pay the distributor, the distributor would pay the recording company, and the recording company would pay the artist!

    10. Re:What's with the Pro DRM Articles? by arminw · · Score: 1

      ...I have no problem with a well implemented DRM (possible?).....

      Unfortunately DRM, that is preventing digital copying, is IMpossible, even in theory. Like Jobs wrote, such DRM is based on keeping a secret. That secret is the whereabouts of the key which MUST be given to each user in order to unlock the content so it can be seen/heard. Like Mr. Jobs rightly said, secrets cannot be kept from a large number of people. AFAIK there has NEVER been a digital copy-lockout system that has NOT been broken. Digital Rights can be "managed" till the cows come home, but NOBODY will EVER prevent the secret location of the key from being found. If more than one person knows a so called "secret" it is no longer a secret. If I want to let you into my house, I can give you the key. Once you have the key you are able to give that key on anyone else and they too can walk right in. I am truly surprised that the other wise assumed to be smart record company executives don't understand something simple like that. They have been brainwashed by the sellers of copy protection schemes.

      --
      All theory is gray
    11. Re:What's with the Pro DRM Articles? by valeurnutritive · · Score: 1

      where did you get the figure of 28 years as the cut off for copyright? just honest question.

    12. Re:What's with the Pro DRM Articles? by sndoc · · Score: 1

      I completely disagree that an "artist" should get paid for the rest of their life for a song when the rest of the world gets paid by the hour Let's imagine a company which is manufacturing a product and selling it. The company is not paid "by the hour", the company gets paid as long as the product finds buyers. So maybe the company should stop making profits on selling this product as soon as the "hours" spent to "create" it have been re-paid ?
      Which means, in fact, that the price of the product would just cover the development time, the manufacturing cost, thus no profit at all.
      So it seems to me that by rejecting the way artists are making their living (and sometimes their fortune), you are in fact contesting the very basis of the profit based system we are linving in.
      You are paid by the hour ? Well, in such a system, they are winner and loosers...

      So, please be logical, and push your thinking to its end. You've found a way to deprive the artists of their profits. How will you deprive shareholders of theirs ? :-)

    13. Re:What's with the Pro DRM Articles? by Russellkhan · · Score: 2, Informative

      I don't think anyone here is anti-DRM.

      Wrong. Many here are.

      DRM just means the artist gets paid for his work.


      Wrong again. That's just a line used to sell DRM. Artists have been getting paid for ages before DRM existed. This FUD against copying and sharing is the same drivel that was pushed against people sharing cassettes, copying videotapes, or taping television/radio broadcasts.

      There is no justification for DRM and your hypothetical well implemented DRM is not possible and therefore will never be created.
      --
      Information doesn't want to be anthropomorphized anymore.
    14. Re:What's with the Pro DRM Articles? by alphamugwump · · Score: 1

      I think a well-implemented DRM is possible. You could imbed use restrictions as a watermark in your data, using an open format. The only problem is that media players would have to voluntarily obey the watermark. Something like VLC would probably ignore the watermark, but all the commercial players would probably obey it. The big advantage of this would be attribution. An artist could embed a paypal donate link in his track, and nobody could strip it out without corrupting the watermark.

    15. Re:What's with the Pro DRM Articles? by shmlco · · Score: 1

      "I completely disagree that an "artist" should get paid for the rest of their life for a song when the rest of the world gets paid by the hour."

      While I agree that "the rest of their life" is too long, I do believe that the nature of the contract deserves some period (ten year, twenty?) during which potential compensation is protected and may be returned.

      If you work by the hour then in all likelyhood you're getting paid by the hour, have access to health insurance, a retirement plan or pension, have paid sick and vacation days and other benefits, and have a very good chance (not 100%, but still) of that job being there when you show up tomorrow. In other words, it's low-risk, low-reward, and probably something that (literally) millions of people could do with little to no training.

      An artist or author, OTOH, may spend years producing a work, and does so "on spec", with no guarantee that anyone will ever like it enough to pay for it. They pay their own insurance, have no benefits, and, if they take off a week due to sickness they aren't enjoying paid sick days. And even if one work does happen to be a "hit", the next one very well might not be. And in either case, royalties from earlier works help fund future ones. In short, their work entails a high degree of upfront risk, with a correspondingly high "potential" reward that, in actuality, few ever receive.

      Fundamentally, the two situations are not parallel.

      Finally, if you're one of those who're getting paid "by the hour" and simply can't stand the idea that someone else is a success then DO SOMETHING ABOUT IT! Upgrade your skills. Go back to school. Take a risk. Create something that people are willing to pay for, and write your own book or program or song or whatever. Just do it... or, at the very least, stop whinning about it.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    16. Re:What's with the Pro DRM Articles? by dangitman · · Score: 0, Flamebait

      I don't think anyone here is anti-DRM. In that. DRM just means the artist gets paid for his work.

      You must be new here.

      The majority opinion on slashdot is that artists don't deserve to get paid for the work, as there should be no such thing as "intellectual property," which is apparently fraud by the state.

      You see, artists don't produce any physical goods, or anything of value. So, they should get a job at McDonalds flipping burgers, and release all their music under a Creative Commons license, so everybody can have it for free. The notion of ownership of music is fraudulent, just like software patents.

      More importantly, the notion of somebody making money for a creative pursuit is disgusting to the average slashdotter, who is jealous or dismissive of the work that goes into creativity. Programmers should be treated like gods, and any technical work that requires an anal-retentive memory of trivia should be showered with money. Artists should basically be rounded up and shot, because they are a bunch of hippies who know nothing about truly valuable things like C++.

      --
      ... and then they built the supercollider.
    17. Re:What's with the Pro DRM Articles? by dangitman · · Score: 1

      Funny, it used to work pretty darn well before DRM-- when I would pay the store, the store would pay the distributor, the distributor would pay the recording company, and the recording company would pay the artist!

      That doesn't sound like a system that's "working pretty darn well" to me. Too many middlemen, and the artist getting a tiny fraction of the money, even though they are the creators. Sounds more like a way for a bunch of slack-jawed-yokels to profit from somebody else's creative work.

      --
      ... and then they built the supercollider.
    18. Re:What's with the Pro DRM Articles? by Anonymous Coward · · Score: 0

      Do you build straw men for a living? :)

    19. Re:What's with the Pro DRM Articles? by dangitman · · Score: 1

      No, I outsource production to the slashdot servers.

      --
      ... and then they built the supercollider.
    20. Re:What's with the Pro DRM Articles? by Anonymous Coward · · Score: 0

      where did you get the figure of 28 years as the cut off for copyright? just honest question.
      Probably a reference to the original length of American copyright: 14 years plus a 14 years extension if the copyright holder applies after the first 14 years.
    21. Re:What's with the Pro DRM Articles? by Anonymous Coward · · Score: 0

      You didn't read past the quote. Did you?

    22. Re:What's with the Pro DRM Articles? by Maxo-Texas · · Score: 1

      If you search for 28 years and copyright you'll find a lot of references to the 28 year period plus a variety of extension periods that are getting longer and longer as mickey mouse gets older (47 years, 67 years, 95 years proposed). There are also references to the original periods being 14 years (http://news.com.com/5208-1025_3-0.html?forumID=1& threadID=22796&messageID=202465&start=0).

      Wiki references the 28 year term here: http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_ Term_Extension_Act
      "...They question the proponents' life expectancy argument, pointing out that the copyright terms under the 1790 act lasted only 28 years total, that life expectancies have not risen threefold since 1790 (ignoring infant mortality, they have increased barely ten years), and that even though terms of patents have not been extended in parallel, patents adequately reward investment in the field with their mere 20-year term...."

      I believe Valenti said point blank that it should be "forever + 1 day". This is what they are really driving for (even tho most of their stuff is based on other materials and in fact american entertainment is big on the west coast because they were infringing like hell on east coast works and it was a bit harder to travel back then.)

      It's a bit rough since I remember a lot of things but not clearly where i first heard them any more. I probably decided 10 to 15 years ago that 28 years was about the limit of a reasonable period to me.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    23. Re:What's with the Pro DRM Articles? by Maxo-Texas · · Score: 1

      Yes and after a very short period, anyone can make that same product-- not (typical case they are pushing for!!!) 145 years!

      Entire genre's of music would not exist under the current copyright law (blues, jazz). New forms of music are being smothered in the cradle by copyright law. The heinous fact that people can copyright tiny sequences of notes and lock them up for a hundred years is horrible. Copyright law is supposed to make lots of entertainment for people- not kill it.

      However, back to your point-- if the every business on the planet got to use the same rules the music business did, we would be paying five to twenty times the price for everything invented since "Happy Birthday to You" was written (*STILL UNDER COPYRIGHT*) (http://www.snopes.com/music/songs/birthday.asp) in 1924! Almost 100 years ago. Everyone associated with the song is DEAD, DEMISED, PASSED OFF THE MORTAL COIL (oops- I just infringed something written in the last 75 years... uh oh).

      If you can invent transisters (i.e. COMPUTERS) and you only get 17 years protection, why the HELL should "Happy Birthday To You" get 83 YEARS protection (and it's going to be protected through 2030 IF DISNEY DOESN'T BUY ANOTHER LAW).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    24. Re:What's with the Pro DRM Articles? by Anonymous Coward · · Score: 0

      > That doesn't sound like a system that's "working pretty darn well" to me. Too many middlemen, and the artist getting a tiny fraction of the money,
      > even though they are the creators. Sounds more like a way for a bunch of slack-jawed-yokels to profit from somebody else's creative work.

      You missed the point that artists still got paid *without* DRM -- or any sort of copy protection, for that matter.

      Yes, it was a wasteful system, but it was necessary because artists didn't used to have the means to make professional-quality recordings themselves, then press up millions of copies, package them with professional-looking art, then promote and market them around the world.

      Now that artists can record and distribute high-quality music online, the GP seems to think that DRM is necessary to ensure they get paid. It's just not true.

    25. Re:What's with the Pro DRM Articles? by shmlco · · Score: 1

      Yes I did, and part of "encouraging" the creation of new works is to allow them to make a living doing so. I want my best authors and singers and directors creating new works, and not standing down at WalMart greeting people as the come through the door just so they can pay the rent.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  4. When I... by Creepy+Crawler · · Score: 1, Troll

    When I look at the Wiki, I think of something 'a person' in the security field says time and time again:

    "Any person can invent a security system so clever that she or he can't think of how to break it."

                                -Bruce Schneier

    --
  5. As a wireless/microwave engineer by LM741N · · Score: 4, Interesting

    Despite disliking DRM, GSM is the most sophisticated communications protocol that I have ever seen. I have read the standard (dispite getting a headache in 5 minutes) and it is totally locked down using encryption, session keys, etc. Perhaps I am in error, but I doubt the standard itself has ever been cracked- unless via law enforcement with the complicity of the companies involved.

    Yet it is the most widely used wireless personal communication standard in the world. Woe are the hackers and crackers who try to attact it directly. But like any encrypted system, the weak points usually lie elsewhere. Those would be the point of attack.

    1. Re:As a wireless/microwave engineer by sidz1979 · · Score: 2, Insightful

      Despite disliking DRM, GSM is the most sophisticated communications protocol that I have ever seen. I have read the standard (dispite getting a headache in 5 minutes) and it is totally locked down using encryption, session keys, etc. Perhaps I am in error, but I doubt the standard itself has ever been cracked- unless via law enforcement with the complicity of the companies involved.

      However, it is important realize that there isn't as much motivation to crack/hack a communications protocol as there is to break the DRM on music/video. I can bet that there are a lot more "attempts" on Movie-DRM schemes than there would be on GSM encryption.

    2. Re:As a wireless/microwave engineer by iluvcapra · · Score: 5, Insightful

      GSM is very secure, but is a communications protocol, not a DRM protocol. GSM allows Andrew and Betty to talk, without Charlie hearing. As has been stated often before, in DRM, Betty and Charlie are the same person.

      --
      Don't blame me, I voted for Baltar.
    3. Re:As a wireless/microwave engineer by limecat4eva · · Score: 1

      You must be joking, right? The big bucks don't go towards cracking Kelly Clarkson's latest single when it's already available DRM-free on compact disc. Much more valuable is the encryption on phone conversations between private citizens—you know, people like the President, the CEO of Exxon, the owner of Sony, his easily-kidnapped young daughter, etc. And also much more likely to be targeted by "real" criminals.

      --
      comma
    4. Re:As a wireless/microwave engineer by Mr.+Shiny+And+New · · Score: 4, Interesting

      Looks like the implementations of GSM encryption are known to be weak:

      http://www.gsm-security.net/faq/gsm-a3-a8-comp128- broken-security.shtml

    5. Re:As a wireless/microwave engineer by iamacat · · Score: 3, Interesting

      I don't know if you would call 40 bit encryption a lockdown, especially since it doesn't protect your conversation from the phone company, even if you are calling the other person with a GSM phone. Furthermore, they weaken or turn off encryption in most countries. Sounds like a typical effect of a DRM scheme on users all right.

    6. Re:As a wireless/microwave engineer by Anonymous Coward · · Score: 0

      GSM is not secure on most mobile networks it is primarly used as an encoding not as an encryption.

      There is a big difference. It is very easy to decode GSM content and control traffic. I suggest if you want security you run your own network. Do you really think your GSM mobile network has encryption turned on? dont be silly.

    7. Re:As a wireless/microwave engineer by Rich0 · · Score: 1

      Well, I'm sure GSM has a bunch of optimizations to be more suitable for voice communication over wireless, but it isn't like there aren't really strong encrypted communications protocols out there (such as openssl). As others have pointed out only the wireless portion of the conversation is encrypted at all.

    8. Re:As a wireless/microwave engineer by vadim_t · · Score: 4, Informative

      There are briefcase-sized portable systems that allow easy eavesdropping on GSM communications. IIRC, the encryption is weak, and the tower can be actually told to turn it off anyway.

    9. Re:As a wireless/microwave engineer by arminw · · Score: 1

      ....and it is totally locked down using encryption, session keys, etc.....

      There is a major difference in protecting an on-going communication system and a write locked, read-only system, such as recorded entertainment material. In a communication system each recipient gets a unique temporary key for that one time. For recordings the key has to be tied to the recording or the device or some combination. Once that is done and the secret of the key is out, the key can be used on all recordings using that key. The cable and satellite systems are secure because the key can be different for each customer and for each program and can be changed any time. The only hole left here is the fact that the decrypted material can be intercepted and stored. That will always be the case in any communication system destined for human senses. In any case, the GSM style system will not work for entertainment unless each song/movie is encrypted with a unique key for each user and that key is sent over a secure link EACH time it is needed when the user wants to view/listen to the material on whatever device(s) he/she wishes.

      --
      All theory is gray
    10. Re:As a wireless/microwave engineer by AdamInParadise · · Score: 1

      Perhaps I am in error, but I doubt the standard itself has ever been cracked

      Early versions of some encryption "algorithms" were "cracked" and soon replaced by updated versions. BTW, those encryption algorithms are proprietary and not officially part of the specification: only the encryption protocols are. The new algorithms used for 3G are based on standard algorithms (AES, SHA-1) and were designed through an open process.

      unless via law enforcement with the complicity of the companies involved.

      "Lawful Interception" is actually defined in the spec (which is composed of thousands of very tersely prosed Word documents). Beside this issue, some networks disable encryption from time to time for various reasons (network issues, terrorists ...). At this point every Joe Six-Pack with a digital scanner can listen to conversations.

      And finally, GSM has nothing to do with DRM. The goal of DRM is to restrict the use of piece of media to some arbitrary conditions. Encryption in the GSM network is used to protect the customer against eavesdropping and the telcos against phone cloning.
      --
      Nobox: Only simple products.
    11. Re:As a wireless/microwave engineer by negative3 · · Score: 1

      What do you mean by complicated? You must not have seen anything about CDMA2000 or UMTS, each of which is orders of magnitude more complicated as far as physical layer stuff is concerned.

      GSM is also fairly easy to spoof - doing a "man in the middle" attack where you pretend to be a base station is actually not hard to do. For that attack you don't even have to perform the authentication and encryption processes because in GSM the mobile is authenticated to the network, but the network is never authenticated to the mobile. Authentication and encryption isn't even mandatory!

      Easvesdropping is a little harder but is still not impossible. They even designed one of the encryption algorithms to be weak - the algorithm known as A5/1 was meant for western Europe/Nato-like countries, whereas A5/2 was meant for Eastern Europe, the Middle East, and elsewhere precisely because western governments wanted an easier time eavesdropping on those countries' traffic but increased security on their end.

      Also, GSM security standards are not open standards - you have to be a member of the standards group in order to have access to them. For UMTS (GSM's successor), the standards are available to anyone.

      Do a google search - the original authentication algorithm was cracked by university researchers without help from operators.

      --
      "Physics is to math what sex is to masturbation." - Richard Feynman
    12. Re:As a wireless/microwave engineer by shaitand · · Score: 1

      'And also much more likely to be targeted by "real" criminals.'

      Most crackers aren't real criminals. They are kiddie (in terms of 'normal' maturity not necessarily age) geniuses that have different motives than real criminals. Most of the 'real' criminals in the cyber world are spammers.

    13. Re:As a wireless/microwave engineer by TheoMurpse · · Score: 1

      GSM allows Andrew and Betty to talk, without Charlie hearing.
      I'm sorry, but I have to revoke your geek card. It's Alice and Bob. ;)

      Of course I jest.
  6. Fuck DRM! by AnnuitCoeptis · · Score: 1, Interesting

    If Steve Jobs gets rid off it. He will be my personal hero and I am buying myself a Mac.
    Go Steve, Go!

    1. Re:Fuck DRM! by aJester · · Score: 1

      ++

      I agree.
      Am a little puzzled to see the tech-sites (Slashdot, ARS) that are normally against DRM suddenly arguing in favor of DRM since Steve's Open Letter.

      I don't care what Steve's motivations are. I hate DRM. I think it is an artificial barrier. And WHEN I pay for music, I want my music free of any DRM or other such crap. I don't want to waste my processor cycles "decrypting" the DRM.

      What a lot of people trying to debate BOTH sides do not realize is that if I or anyone here were to say "No DRM." No one will listen. Steve has the visibility and also the ears of the mainstream media.
      If it takes Steve's Open Letter to deliver the Deathblow to DRM, I think we all should rally around him.
      So I am with the parent poster....

      That doesn't mean we have to sell our souls or buy Macs if you don't prefer Macs.
      Just support him on this, coz this is also our cause....

      Cheers!
      Jester

    2. Re:Fuck DRM! by AnnuitCoeptis · · Score: 1

      And yes, the main problem with the DRM is that even if you purchase the music, you will always have to fight to prove it's really yours. In this case, DRM puts us in constant legal danger. Music WMA doesn't have your name written all over it. So, if you lose the receipt for the music purchase, it means you stole it. That is why DRM should go.

  7. Standards adoption in an existing marketplace by appleguru · · Score: 2, Insightful

    DRM isn't necessarily evil; it's the unfair enforcement of such DRM that is, which is his main point. He's also saying also that a standard unencrypted mp3 can have DRM merely by being bound by a license agreement; it's once you start employing a digital means to enforce those terms that DRM begins to become intrusive. Chiariglione goes on to talk about open DRM standards and how the music industry should adopt one to promote interoperability. The problem there is that not everyone will adopt the standards, be it for their own personal gain (IE, Apple), or because they're existing technology lacks the capability of supporting a new standard (IE, retroactive compatibility wont be there). This is the main argument for completely open and free MP3 files; anybody with a player since 1992 can play mp3s. Granted, if apple were to ever go DRM-Free, it'd be with unprotected AAC (MPEG-4) files, but the idea is the same.

    1. Re:Standards adoption in an existing marketplace by JAFSlashdotter · · Score: 2, Insightful

      DRM isn't necessarily evil; it's the unfair enforcement of such DRM that is, which is his main point. He's also saying also that a standard unencrypted mp3 can have DRM merely by being bound by a license agreement; it's once you start employing a digital means to enforce those terms that DRM begins to become intrusive.
      Mr. Chiariglione differentiates between DRM (management), which would be that unencrypted MP3 with license notice attached, and DRM (protection) which enforces.

      Chiariglione goes on to talk about open DRM standards and how the music industry should adopt one to promote interoperability.
      And when he does, it seems to me that he's in favor of the (protection) form, because here's what he says (from TFA):

      Indeed most people are unaware that this 20-year old communication system is based on a very sophisticated DRM (protection) technology that has been standardised by ETSI which also handles the governance.
      and then soon after:

      The way to go is to have a standard system like the one used in GSM that anybody can practical implement and anybody can use to enjoy the content that they legitimately purchase.
      Now, I could be misreading that, but if he says GSM is based on DRM (protection) and music content should use a system like the one used in GSM, then he is advocating DRM (protection), isn't he? So doesn't that land us in the same-old-situation where at some point, my DRM (protection) encumbered content will be inaccessable to me? Will I still have my fair use rights? Will I be able to take a 3 second fair-use sample and attach it to my research paper multimedia presentation on vulgarity in contemporary culture? If the answer is no, I would call that "unfair enforcement".
      --
      We apologize for the preceding message. All those responsible have been sacked.
    2. Re:Standards adoption in an existing marketplace by appleguru · · Score: 0

      No, I agree, Chiariglione is definitely advocating DRM (Protection). I was interjecting my own opinions on the matter based on what he said in the article... I'm disagreeing with him to an extent and pointing out why his idea of an open DRM standard wouldn't work quite as well as he thinks it might given the already established marketplace/mullions of devices in use, as well as the optional nature of adopting the 'standard'.

    3. Re:Standards adoption in an existing marketplace by div_2n · · Score: 1

      DRM isn't necessarily evil; it's the unfair enforcement of such DRM that is

      The very intention and implementation of DRM is unfair. DRM is a fancy way of saying "We're going to do our best to force you to abide by copyright laws even while potentially interfering on your rights because we care more about our rights and/or think our rights are more important."

      You cannot conceivably enforce DRM without infringing on the rights of consumers. Period. This is because the process of copyright infringement--copying the content you've purchased and giving it or selling it to someone else--is not defined by the copying of the content which fair use allows you to do for yourself, but rather the handing over of the copied content to others. DRM will never ever be able to stop that. But it can make it more difficult at the expense of fair use.

    4. Re:Standards adoption in an existing marketplace by Mr.+Slippery · · Score: 1

      if he says GSM is based on DRM (protection) and music content should use a system like the one used in GSM, then he is advocating DRM (protection), isn't he?

      It's impossible to determine what he means, because he's basing his argument on untruths.

      His assertation that digital signatures are a form of DRM is bogus. DRM refers to schemes that either restrict hardware to prevent it from acting as a general-purpose computing device, or that restrict freedom of speech and of the press to prevent certain "secret keys" from being distributed.

      His assertation that digital signatures are a form of DRM is simply bogus.

      GSM has fsck-all to do with DRM. GSM uses an encryption scheme, yes; DRM uses an encryption scheme also. So what? My knife and my guitar both use steel in their construction.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    5. Re:Standards adoption in an existing marketplace by shmlco · · Score: 1

      Actually, to me this just says that DRM implementations haven't caught up yet. Because what you're saying is that an "ideal" implementation WOULD let you use content you've purchased on any device you own, back it up, and so forth. It might let you "loan" a copy to a friend, and would let you resell or transfer the file/rights to another. It might let you exceprt portions for use in a school project.

      In short, it would allow "fair use", and all while preventing you from "sharing" it with 10,000 of your closest friends.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    6. Re:Standards adoption in an existing marketplace by shaitand · · Score: 1

      'DRM isn't necessarily evil; it's the unfair enforcement of such DRM that is, which is his main point. He's also saying also that a standard unencrypted mp3 can have DRM merely by being bound by a license agreement; it's once you start employing a digital means to enforce those terms that DRM begins to become intrusive.'

      Anything that attempts to assert for the copyright holder greater control and right than copyright law itself grants them is intrusive. This includes most license agreements. Aside from a few open licenses intended to grant distribution rights every license I have seen for content attempts to gain some sort of control over how the content is used after I purchase it above and beyond the distribution controls granted by copyright.

    7. Re:Standards adoption in an existing marketplace by SoopahMan · · Score: 1

      Exactly. From the article:
      "I am not aware of any anti-DRM guru protesting the use of DRM (protection) in GSM or avoiding its use because it employs DRM, maybe because a part of the DRM used by GSM is to avoid eavesdropping in the radio link, a very consumer-friendly use of DRM"

      This is above-all the reason GSM's DRM is widely accepted and successful: It benefits the user. Pretty much the entire rest of the article is a waste of time because the entire problem revolves around this one statement, referenced 2 or 3 other times within.

      No DRM scheme for music currently in use benefits the user, because the MP3 cat is long out of the bag. Users have been able to obtain DRM-free music, for free, conveniently, for a long time. The tool that designed Napster unleashed that fact on the world - probably unfairly - but it is now out of the bag. Any DRM scheme needs to IMPROVE on that situation, rather than take something away.

      His stated desire here is to find a successful DRM scheme for music and it rests entirely upon offering this increased benefit to the CONSUMER. And music is unique here because there are in fact 2 obstacles standing in the way:

      1) That's really difficult to do. How do you possibly make pay-for music more convenient and enjoyable than stolen music? For example, stealing is a click. Buying is a click and a credit card form. But this and the many other challenges can be overcome or minimized - for example, entering your credit card just once, buying songs with free "credits" loaned to you before needing to enter your credit card so you're into the system before you buy into it, etc.

      But another of these complications is offering the user features of a DRM scheme they cannot achieve now with free music. What could that be? One attempt here by both Apple and Microsoft has been offering "higher quality," encoding at 192kbps instead of 128. However, this edge has been quickly eliminated as people tend to rip their MP3s at 192kbps or higher now - and some argue that most people can't really tell the difference in quality anyway. So what can you possibly offer? Well one possible way to sell Digital Rights to consumers is to make them benefit, similar to the way YouTube and other video sites are slowly realizing (their Flash players and proprietary video formats ARE a form of DRM... and now they reward content posters with 50% of the profits). That is, tie in a special license to DRM'd music that lets the content purchaser freely "mashup" the music they just bought, and offer an online service where these mashups can be listened to or purchased themselves - rewarding many (in consumers' minds, "any") small content producers with money, that can keep flowing only if the DRM continues to work.

      2) The RIAA is greedy, and probably evil. The above proposed solution is probably workable, but not as long as the RIAA holds the keys. I think this is the main reason music has become uniquely impossible to solve on the DRM front. Many uninformed people hate the RIAA because they think it's evil. But many well-informed people also hate them because of what the RIAA has done to consumer rights: degrade them every chance they've gotten, buying politicians and sneaking riders into unrelated bills overnight. This causes 2 unique problems for the music industry: The RIAA is simply too greedy to allow MORE consumer rights just to get DRM to work (they allow only DRM that offers less), and the consuming public generally does not trust or accept the music industry authority's initiatives.

      Newspaper articles regularly run about the RIAA jealously trying to eliminate the embarassment Apple has made of them - a complete newcomer to the music industry has stepped in, played authority, and won far more trust from consumers (even convincing them to pay for DRM'd music!) than the RIAA has been able to assume since the introduction of Napster. Microsoft has its enemies in the consumer market, but they remain the authority in the field: Internet Explorer is the majority browser because most user

  8. please define your terms .. by rs232 · · Score: 4, Insightful

    "he uses the term DRM without defining it"

    If I was on Usenet I would assume the OP was doing the meaning of the word shuffle. Pretending to misunderstand what the other fella meant and addressing a made up meaning instead.

    "while it makes sense to claim, based on empirical evidence, that protected music does not sell, it remains to be demonstrated that managed music does not"

    What's the difference between 'managed' and 'protected' in relation to Jobs meaning of DRM and your version of DRM.

    'That would be like saying that the Creative Commons movement is a hollow shell'

    False analogy and strawman .. :)

    "Curiously Steve Jobs restricts his analysis to just one option: how can Apple safely license its DRM technology to other manufacturers and be able to keep its obligations vis-à vis the record companies"

    Well he can only speak for Apple after all.

    --
    davecb5620@gmail.com
    1. Re:please define your terms .. by Jeff+DeMaagd · · Score: 1

      The problem is that the Jobs missive simply looks to be a pass-the-buck scenario. Jobs doesn't want to share Fairplay, based on the claim that it's too hard and makes it too insecure.

      Jobs also seems to ignore the possibility of an industry standard system as well.

      Being unwilling to compromise and blaming others for the problem when a reasonable solution exists is not what I call the mark of a reasonable person. Maybe there are

      The letter also ignores the fact that much of the issue the Norwegian consumer groups had is that English law governs the transaction when the store and customer is in Norway. There is also the issue that Apple can change the terms of the contract after purchase. Apple has not made any movement to fix that problem.

      I will probably not be buying music downloads unless it is either unprotected or it will at least work on any music device I own without hassle or another stage of recompression. I also don't want to buy into a format in which the copyright owner can revoke my purchases or change the terms of the contract without due process or renegotiation or compensation.

      I rather like the CD format in that for the most part, it usually gets me what I want, an unentangled delivery system and a built-in archive, because I usually rip/copy once and store the original. There are so many CDs out there that I haven't listened to, that I don't think I really have to go to a new delivery system.

    2. Re:please define your terms .. by dangitman · · Score: 1

      The problem is that the Jobs missive simply looks to be a pass-the-buck scenario. Jobs doesn't want to share Fairplay, based on the claim that it's too hard and makes it too insecure.

      But what obligation does Apple have to share their DRM? And how can he be "passing the buck," when there is no buck to pass?

      Being unwilling to compromise and blaming others for the problem when a reasonable solution exists is not what I call the mark of a reasonable person. Maybe there are

      That might be true, if jobs was unwilling to compromise. But that's not true. Jobs opposed DRM from the start, but at the time of establishing the iTunes store, he didn't have enough leverage to get the labels to agree to a non-DRM system. So he negotiated a compromise - he was able to get them to back off on the labels' original demands for the DRM to be more restrictive, and their desire to have a system where they could set prices to be whatever they wanted. Jobs did not get his DRM-free system, but neither did the labels get the DRM system they wanted. The result was an outcome that was better for Apple and consumers - while still not being perfect.

      What Jobs did was the very essence of compromise. meanwhile, other online music vendors just caved to the anti-consumer demands of the labels.

      --
      ... and then they built the supercollider.
  9. They are scared. by Anonymous Coward · · Score: 5, Interesting

    The content industry wants one universal DRM. Everyone thought that would be MS and they were happy. When Apple won the battle, they were not happy. What you are seeing by calls for Apple to license their DRM is this frustration made public and an attempt to allow MS to embrace, extend and extinguish Fairplay. Jobs called their bluff and they realize they just may well be fucked on this. Interesting times.

    1. Re:They are scared. by dch24 · · Score: 1

      I for one welcome our new DRM-removing overlords, reality distortion field and all.

      No, seriously. This can only be good news, regardless of Jobs' motives. Thank you for a great post.

    2. Re:They are scared. by Anonymous Coward · · Score: 0

      Very perceptive analysis. I tend to agree.

    3. Re:They are scared. by mehgul · · Score: 2, Insightful

      Yes exactly!
      And frankly, as a Mac user, Steve Jobs has done a much better job for me than any consumer rights group: he has allowed for Mac users to be able to buy music online, something they could not do if there wasn't an iTunes Store. Because almost everything else is under a Microsoft format unreadable on a Mac.
      And I say this as someone who never bought anything on the iTunes Store. But at least I have the option. Something Norwegian Mac users won't have in a few months when Apple is forced to close the Norwegian iTunes Store.
      Besides those stupid European consumer rights groups would never have opened their big mouths if 'everybody' used PlaysForSure, that is everybody except the few that use Macs or Linux.
      Everybody seems to join the Apple/Steve Jobs bashing these days. What they completely forget is that if the iTunes Store didn't exist, nobody would ask for music without DRM. Simply because 95% of music players would only play DRM'd WMA, and everything would 'interoperate' under Microsoft's God given right to monopolize whatever they touch.

    4. Re:They are scared. by Mr2001 · · Score: 1

      [Jobs] has allowed for Mac users to be able to buy music online, something they could not do if there wasn't an iTunes Store. Because almost everything else is under a Microsoft format unreadable on a Mac. Microsoft sure seems to license PlaysForSure to anyone who asks. Why don't you ask your favorite Mac developer why they haven't licensed it?

      What they completely forget is that if the iTunes Store didn't exist, nobody would ask for music without DRM. Simply because 95% of music players would only play DRM'd WMA Nonsense! You can't sell a music player that doesn't play plain MP3s; no one will buy it. Sony tried it once, and look how successful it was. MP3 has always been the lingua franca of digital music.
      --
      Visual IRC: Fast. Powerful. Free.
    5. Re:They are scared. by LWATCDR · · Score: 1

      "Microsoft sure seems to license PlaysForSure to anyone who asks. Why don't you ask your favorite Mac developer why they haven't licensed it?"
      Too bad that Microsoft didn't use PlaysForSure on the Zune...

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  10. MOD PARENT UP by Anonymous Coward · · Score: 1, Insightful

    Security protocols can be proved secure (given a few mathematical assumptions on the complexity of the underlying math).
    DRM is provably unsecure, since it implies that one party which shares the secret must never learn the secret.

  11. Difference between a comm protocol and content by JAFSlashdotter · · Score: 2, Informative

    Mr. Chiariglione suggests GSM as a model of an open standard that everyone has been using for years to perform sophisticated DRM. I don't know much about GSM, but when I enter into a service agreement with a communications provider, I am doing so for live communications. Perhaps the market is morphing to providing content on mobile phones, but the success of GSM was not built on that model. I pay my mobile phone service provider monthly for access to their network, and if my phone was to stop working because my provider locked me out of their network, I would stop paying them. The agreement would be at an end, and there wouldn't be any content locked in the DRM that I want. I'm not paying them for the right to use their network in perpetuity. On the other hand, I purchase CDs and DVDs so that I may enjoy the content FOREVER. I do not pay them monthly to keep listening to the music or watching the movies, and I am not willing to enter into that sort of agreement. DRM on my music or video content is locking ME away from the content I have legally licensed, especially if the vendors disappear. So while the DRM in GSM might be acceptable, it is not acceptable on the content I purchase.

    --
    We apologize for the preceding message. All those responsible have been sacked.
  12. DRM TPM GSM... bwahhh??? by jhealy · · Score: 3, Insightful

    People... PLEASE unabbreviate your abbreviations at first mention in an article. To those that don't know what TPM or GSM are (isn't GSM for cell phones?), this article appears completely ridiculous. I thought it was a joke at first.

    1. Re:DRM TPM GSM... bwahhh??? by Sneeper · · Score: 1

      To those that don't know what TPM or GSM are (isn't GSM for cell phones?), this article appears completely ridiculous. I thought it was a joke at first.

      He is talking about the GSM for cell phones. That threw me off at first too -- I asumed he was talking about some DRM system I was unaware of.

    2. Re:DRM TPM GSM... bwahhh??? by hogfat · · Score: 2, Interesting

      At least I wasn't the only one who felt the GSM reference seemed completely unsupported. While I know what GSM is, I have no personal familiarity with the GSM stack or how it has anything to do with restrictions on the use of digital content in computers. Why can't the author explain those things? Simple journalism: who, what, where, why, how.

    3. Re:DRM TPM GSM... bwahhh??? by PhxBlue · · Score: 2, Funny

      Why can't the author explain those things? Simple journalism: who, what, where, why, how.

      You seem to be new here. Welcome to Slashdot!

      --
      !#@%*)anks for hanging up the phone, dear.
    4. Re:DRM TPM GSM... bwahhh??? by Mr.+Shiny+And+New · · Score: 2, Interesting

      The reason the author brings up GSM is because it has some similarities with iPod DRM: Devices have a key, the key authenticates the device to the network, and there is encryption support for content. However, there are lots of major differences:

      1. with GSM, your "key" is in your SIM, which means you can take it with you from device to device.
      2. Wtih GSM, you only need the key to access a particular network. To switch networks, you throw away the old key and buy a new key. Now that the US (and soon Canada, yay!) have number portability, you don't even lose your phone number when you switch. Unlike DRM on music, where switching brands means losing all music.
      3. With GSM, encryption is used to PROTECT your conversation and service; the idea is to prevent thieves from cloning your phone or eavesdroppers from listening in on your converstaions.

      Interestingly, according to the gsm-security website faq, both the authentication and encryption protocols have been shown to be trivially broken, either due to poor implementation (using only part of the keyspace) or because the encryption algorithm wasn't that robust. So much for "GSM is a successful DRM".

    5. Re:DRM TPM GSM... bwahhh??? by XnavxeMiyyep · · Score: 0

      STFUYJYSKWTATA, JWWWY!

      --
      I put the 't' in electrical engineering.
    6. Re:DRM TPM GSM... bwahhh??? by Emetophobe · · Score: 2, Informative

      You forgot to mention MPEG, which is also an abbrivation, but apparently you don't mind that one.

  13. All lies in the definition here by arose · · Score: 2, Insightful

    The author simply uses "digital content protection" where we would use DRM, and DRM as an all encompasing term for encryption, digital signatures, computer readable copyright licenses and probably a bunch of other things he didn't directly meantion. From this he concludes that DRM is both widely used and accepted. Now whether he is trying to convince poeple that the fight is allready lost and we should work on interoperable lockdowns or is just confused himself I don't know.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
    1. Re:All lies in the definition here by tepples · · Score: 1

      The author simply uses "digital content protection" where we would use DRM

      Only because he is taking the expansion of the abbreviation "digital rights management" at face value.

    2. Re:All lies in the definition here by Grail · · Score: 2, Informative

      The TFA uses the classic technique of misdirection - changing the topic of the argument and using the differences between the redefined topic and the original topic to attack the original argument.

      DRM means Digital Rights Management, and the term applies specifically to software intended to restrict the use of a particular document (be it a sound file, movie, or PDF). What TFA is talking about is copyright notification, which is already supported through ID3 tags. The author of TFA needs to read up on definitions. Digital Rights Management (a proper noun, with capital letters) refers to specific types of technology.

  14. Don't worry. by Anonymous Coward · · Score: 0

    Slashdot will tell you what to think and how to feel, and you will comply. Such is the way of life at Slashdot.

  15. More detail would have been nice... by sidz1979 · · Score: 1

    Interesting article... the author goes into a fair bit of detail in differentiating between the assigning of rights to digital media and the enforcing the rights on digital media. This is rather unusual, since the the most common usage of DRM has always been about enforcing the rights of the creator.

    It would have been nice if he had gone into as much detail about GSM, and what specifically in the GSM system makes it specifically suited to DRM. I am assuming that he is referring to the encryption system used by GSM. If that is the case, there is a fundamental flaw here: as with all other DRM schemes this would require that the "keys" be stored along with the encrypted data, and the devices would know how to decrypt the data. It would only be a matter of time that someone would discover a method to retrieve the keys from the media. It works for GSM because, GSM being a communication system, there are protocols for exchanging keys between two ends of the system.

    To me this appears to be an advertisement to use their DRM technology.

    1. Re:More detail would have been nice... by Anonymous Coward · · Score: 0

      Not the /rights/ of the content creator, but the /wishes/. Those are much more extensive than their rights under copyright law.

    2. Re:More detail would have been nice... by dch24 · · Score: 1

      This article seems to be one that a lot of slashdotters have actually read. :-) I posted farther up the thread about why Chiariglione is actually a tool of the recording industry.

      But you're right, I should go read wikipedia now on the details of the GSM implementation.

  16. OMA DRM by kevinbr · · Score: 4, Informative

    Is a bag of shit. Most phones only implement OMA DRM 1.0 - forward lock. OMA DRM 2 - I doubt it will catch on. How many phones have implemented it and how many content providers are using it?

  17. The issue isn't DRM, it's greed by Anonymous Coward · · Score: 3, Interesting

    If music were priced at its real cost plus the same small profit that all other manufacturing enjoys, it would cost $1.00 an album. After all, production costs have already been recouped for 99.9% of popular music, hundreds of times over for anything in the top 40.

    And with such low pricing, people wouldn't even think twice about buying every new album that comes out in their genre. Youngsters have no money anyway, so asking them to cough up inflated prices is just completely ridiculous, and counterproductive since kids create much of the music buzz. They'll eventually purchase all the CDs that they really appreciate once they've grown up anyway --- just have patience!

    You wouldn't need DRM not only because very low cost would make non-market acquisition pointless, but also because everybody would have all the music they want --- there would be nothing left to copy, in one's area of interest!

    [The argument that pricing music logically would make new music cost hundreds of dollars per album is bollocks: like in all industries, development of a new product should be funded from past profits, and amortized across projected future sales. Music should be no exception, and the fact that currently the income from sales of age-old music is pure untouched profit and not reinvested to fund new production just shows the extent to which greed has distorted the music industry.]

    DRM is only an issue today because of the artificial scarcity created by artifically high pricing --- greed.

    1. Re:The issue isn't DRM, it's greed by soliptic · · Score: 1

      If music were priced at its real cost plus the same small profit that all other manufacturing enjoys, it would cost $1.00 an album. After all, production costs have already been recouped for 99.9% of popular music, hundreds of times over for anything in the top 40.

      LMAO. I'm going to take a wild guess and say you don't work or operate in the music industry at any level from the top 40 / big 4 end to the grassroots scene.

    2. Re:The issue isn't DRM, it's greed by that+this+is+not+und · · Score: 1

      Music isn't produced by a 'manufacturing' process. If you think that, apparently you have only seen and/or purchased CDs produced under a nearly 'pure manufacturing' type process, i.e. the CDs near the checkout stand at WalMart which are 'knock-off' performances, or those 'The Original Artists' albums they sell on TeeVee, which are recordings of a group of studio musicians named 'The Original Artists.'

    3. Re:The issue isn't DRM, it's greed by RightSaidFred99 · · Score: 1
      Scanning...scanning...scanning.... Yep. No valid points in your post at all.

      _You_ don't define how much something should cost. The market does. What you call greed is called "capitalism" here in the US, Chavez. We're talking about fucking music here, not air, water, or food. Let the record companies price it and DRM it as much as they want, if I don't like it I won't buy it.

      The most ridiculous kinds of arguments are the ones where someone makes an assertion that a company would be better off if they did things my way, because then they'll make even more money - so let's make a law or force them to do it! Completely nonsensical. It's like the laughable reasons people try to shove "diversity" down corporate throats - "it's for your own good, you'll get more different ideas! Yeah, that's the ticket!".

    4. Re:The issue isn't DRM, it's greed by zotz · · Score: 1

      "_You_ don't define how much something should cost. The market does. What you call greed is called "capitalism" here in the US, Chavez."

      Hmm, since you mention "capitalism" I am going to guess that you mean the free market when you say that the market defines how much something should cost.

      The problem is that we are not talking about free market goods here. No, we are talking goods protected by Government Granted Monopolies. I think a lot of people would be just fine if the free market were actually in operation here and setting the prices without that monopoly play.

      "The most ridiculous kinds of arguments are the ones where someone makes an assertion that a company would be better off if they did things my way, because then they'll make even more money"

      I must have missed that part in my perusal. Actually, I am not sure if they would make more money. The money might just be going out of the industry and the big bucks may never be there again. On the other hand, we may only just be seeing peanuts today and bigger things may be ahead.

      But I tend to agree, in a free market, people should be allowed to follow their own lawful business plans. However, one of the costs of doing business in a free society is having to listen to and perhaps deal with the opinions of others in the market.

      In a non-free market, where the government has stepped in and skewed things, the government should either get out of the market or listen to calls to fix their meddling to better serve the citizens.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    5. Re:The issue isn't DRM, it's greed by RightSaidFred99 · · Score: 1
      It's only a government granted monopoly if you consider the market to be "Song X by artist Y". Sure, some asshole has a "monopoly" on selling "Hit Me Baby One More Time" by Brittney Spears. Are you arguing that this is a monopoly in any meaningful sense of the word?

      Even if you had horrible, horrible taste in music you could go out and buy it on CD or buy it from many different online sources. Or more importantly, you could buy music from other sources - there are indepependent musicians out there who sell their product in a variety of ways without DRM.

      I just don't understand why people get so worked up about DRM around here to the point of often advocating that the government pass various silly laws. Instead, they should just not buy the product.

    6. Re:The issue isn't DRM, it's greed by zotz · · Score: 1

      "Are you arguing that this is a monopoly in any meaningful sense of the word?"

      Yes indeed. It is a monopoly in a meeningful sense of the word. And a valuable one at that, if it were not, people would not mind giving that monopoly up.

      "I just don't understand why people get so worked up about DRM around here to the point of often advocating that the government pass various silly laws. Instead, they should just not buy the product."

      Possibly because of the other silly laws that have already been passed at the request of various entities in positions of power? (To use your phrasing.)

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  18. What should we believe? by Nicolas+MONNET · · Score: 3, Insightful

    What should we believe? Microsoft's claims -- that they favor and aim to provide an open platform --, or our lieing eyes, which are currently witnessing a thing called "Zune" which is the exact opposite of open.

    1. Re:What should we believe? by that+this+is+not+und · · Score: 1

      The exact opposite of open would be Muzak. Zune isn't as bad as Muzak. Let's try to remain less ridiculous than the crankiest 'anti M$ zealot.'

    2. Re:What should we believe? by dangitman · · Score: 1

      Why would Musak be the opposite of open? Muzak was created as a way of not paying licensing fees for "proprietary" closed music, so it could be played anywhere - in public spaces and so forth. If anything, Musak is more open than the music it is inspired by.

      --
      ... and then they built the supercollider.
    3. Re:What should we believe? by that+this+is+not+und · · Score: 1

      With Muzak you have no choice what you listen to.

    4. Re:What should we believe? by dangitman · · Score: 2, Insightful

      No, the owner has complete control of what to listen to. The owner of the Musak owns the property where it is being played. You have got the wrong "you" here. The customer in a store is not the licensee or customer of the music. the owner of the store is, and they are free to play what they want. You are free not to go to those places. Or you could stick your fingers in your ears, I guess.

      --
      ... and then they built the supercollider.
    5. Re:What should we believe? by that+this+is+not+und · · Score: 1

      No, the store owner or manager has little control of specifically what Muzak appears at the voice coil on the speakers in the store. The owner, sometimes the manager, has a certain amount of control over what 'format' or 'style' of music will come out. But an anonymous entity at Muzak-Central decides specifically which melodies will emerge.

  19. Sounds like this guy .... by HerculesMO · · Score: 2, Insightful

    is even more egotistical than Steve Jobs.

    He pretty much restates the overall theme of Jobs' point, in a manner that sounds condescending because we "stupid" people don't understand that DRM can apply to multiple facets of information and technology.

    What a prick.

    --
    The price is always right if someone else is paying.
  20. GSM and content by Anonymous Coward · · Score: 0

    DRM on GSM handsets, effective? So far, because there has been little motivation in attacking it - all content is available through other channels.

    As a legit user, is DRM on GSM a good thing? Personally I find the prices outrageous for a very short ringtone (2-4 times the price of the full track on iTunes), add to that, that the content you have bought has been locked to the handset, I think that DRM on GSM is a prime example of why content providers should not be allowed to unconditionally control what consumers (you're not a user, remember) are allowed to do.

    As a side note, I definetly think that artists and the companies enabling the artists to produce, should be properly compensated. I just don't like to be limited in what I can do, with goods (even intangible) I've bought.

  21. protection vs. management by hhawk · · Score: 1

    I'm sure I could read up on the difference between protection vs. management.
    It doesn't seem like one could be much different than the other.

    There are two types of people. The RIAA see's customers and priates. The truth is there are customers and meme-speaders. Most people at times perform both roles. While it's great if people want to buy your stuff, the 2nd best choice is to have your stuff be made popular by the meme-spreaders.

    If I want something from a store (brick, "e," or otherwise); I have to pay..

    People should be able to copy works.

    Copyright notices should be copied along w/ the work (e.g., as in GPL/Linux)

    There should be a free or paid (up to the author) system whereby I can compare my "bits" to the original "bits" to make sure my copy is authentic (if that was something I wanted to do).

    There should be within the copyright notice a universal resource locator that would allow me to pay and/or donate something for the bits (should I want to).

    --
    http://www.hawknest.com/
  22. he is wrong... by spwolfx · · Score: 1

    Sharing of technology is impossible. Open formats? Impossible. It has never been done before.
    It would be impossible for apple to share DRM because it is simply impossible. Cant you guys get it? :-)

    I find it really funny how the same people that propose open formats for Office, turn around and say that "open" DRM is impossible. A lot of that "impossible" comes from monopoly of largest hardware provider.

    It is impossible for Apple to open their DRM, and it is impossible for Apple to use non-DRM music, even if publishers give them rights to do so.

    Job's outcry makes very little sense, and industry leaders are calling him out for it. What Jobs is saying is that they can not provide access to their DRM nor can they provide NON-DRM music if publishers allow it. So basically Jobs is claiming that he cant do anything because of the publishers, even if publishers are calling for lesser restrictions.

    At the same time, one of the biggest publishers - EMI - is testing non-drm sales, of course not on iTunes, since Apple isnt allowing it.
    So it turns out that it is Apple who is now not allowing publishers not to use the DRM.

    1. Re:he is wrong... by Anonymous Coward · · Score: 0

      >I find it really funny how the same people that propose open formats for Office, turn around and say that "open" DRM is impossible. A lot >of that "impossible" comes from monopoly of largest hardware provider.

      Your missing the point people make when they say DRM is impossible.
      Open DRM isnt impossible you can have a standardized format for exchaing information about about restrictions etc on when/where/who can play content how is that hard?

      THE PROBLEM IS IT IS A GIANT WASTE OF TIME! NO DRM SCHEME WILL EVER WORK, IT REQUIRE THE PRATICIPATION OF EVERY SINGLE COMPANY IN THE MARKET (which is exactly what this article is about competitors dont get along very well, shocking isnt it?) IT ALSO REQUIRES THEM TO FAITHFULLY AND FLAWLESSLY IMPLEMENT ALL THE HARDWARE AND SOFTWARE MECHANISMS NECESSARY TO ENFORCE THOSE RESTRICTIONS,

        I am not sure how familiar with the state of low level software development (bios/kernel/firmware etc) you are, but collectively Intel, Microsoft, AMD, ACER, HP, DELL, APPLE etc can't even get really simple things right, sometimes I am amazed our computers actually boot, I mean look at ACPI and check out the amount of truely buggy horrible aml code that ships on some systems and the number of quirks the various implementations of ACPI have to cope with, The same clowns involved in ACPI are primarily responsible for the TPA. Do you really believe that they are ever going to get all this right? They wont and every little mistake they make renders the ENTIRE EFFORT FUTILE the great thing about a DRM is once its broken once whatever it was protecting can be copied and spread completely free of any restrictions, so all that effort expended that we as consumers of hardware have to pay for was for what exactly ? And when all these little mistakes come back to cause you to loose your entire music collection because the *YOUR* computer thinks your a pirate now, then what?

      There are consumer protections laws for other things, automobiles etc
      Maybe the tech industry needs something similar...

    2. Re:he is wrong... by Anonymous Coward · · Score: 0

      I am NOT a troll, you dumbass moderaors! BUCK YOU!

    3. Re:he is wrong... by aJester · · Score: 1

      Dude... WTF are you talking about? Did you read the godammed Open letter from Steve? Please read it a couple of times before spouting crap like this. Just in case, I shall break it down for you: (1) Steve says it makes not feasible to "Open Fairplay". (Reason? Read the damn Open Letter). (2) Instead he proposes that NO DRM be used. (3) Non-DRMed music will play across all hardware, and so it is, inherently, OPEN. (4) Steve, says that *IF* the content owners are willing to license their content (music) without DRM, Apple will start selling DRM-FREE music in iTunes. (5) So any Digital Music players can play songs bought from iTunes. For god's sake read before trolling.... Cheers Jester

    4. Re:he is wrong... by Anonymous Coward · · Score: 0

      I find it really funny how the same people that propose open formats for Office, turn around and say that "open" DRM is impossible. A lot of that "impossible" comes from monopoly of largest hardware provider.

      The reason for that is that open formats and DRM have opposite goals: The goals of open formats is to allow as much processing of the information as possible for everyone while DRM has the goal to restrict processing of information.

      Your argument therefore is that because people advocate the use of hot water and hot water being obviously proven to exist, it is hypocritical of those people to claim that "hot-cold water" is impossible to make.

  23. Open letter to Steve Jobs by eebra82 · · Score: 4, Interesting

    Did anyone read the open letter to Steve Jobs over at the Inquirer?

    http://www.theinquirer.net/default.aspx?article=37 522

    1. Re:Open letter to Steve Jobs by aristotle-dude · · Score: 2, Insightful
      Many of us bought their first iPod long before iTMS came out let alone available the the country we live in. Canada did not get iTMS until December of 2004. I had bought a 2nd generation iPod in 2002. How did I manage to get music? I bought CD's and tried out eMusic for a bit.

      I see that TPM has been mentioned. While my MBP has a TPM module, there are no drivers for it and the updated MBPs do not come with TPM.

      Consider this, DRM costs Apple money to implement and update whenever someone cracks it. They are under contract to update it whenever it is bypassed. The DRM is added by iTunes once the download is complete because the RIAA demanded it.

      Now consider why MSFT loves DRM and has implemented it deep within the OS to the point of disabling hardware functionality with the protected media path. MSFT makes money on DRM through licensing fees and it also enforces lock in for the windows OS.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  24. Existing players and compatibility by gilesjuk · · Score: 1

    The problem we face is many existing players have DRM or have no framework to allow for new open DRM to be added.

    Of course, manufacturers can write new firmware, but I'm sure that would only be done for current models.

    The only way forward is to have no DRM to allow for 100% compatibility.

  25. Interesting Times by dr.badass · · Score: 2, Informative

    It's a little bit strange that when the head of a company with the most successful DRM platform says "No DRM is better than interoperable DRM", people seem to be getting more supportive of interoperable DRM.

    It's also a little bit strange that "the father of MPEG" is how Leonardo Chiariglione is described, rather than the more relevant "father of SDMI".

    --
    Don't become a regular here -- you will become retarded.
  26. MOD PARENT UP !! by Salsaman · · Score: 1

    Good link.

  27. DRM doesn't kill music; people kill music. by tepples · · Score: 4, Insightful

    "Our view is it's our job to provide the technology and the content providers can tell us what kind of restrictions and policies they want to apply to that."

    "Our view is it's our job to provide the weapons and the warlords can tell us what kind of restrictions and policies they want to apply to that." Where's the difference?

    1. Re:DRM doesn't kill music; people kill music. by JazzLad · · Score: 3, Funny

      Well, shoot, when you put it like that MS/other DRM creators seem in the right ...

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    2. Re:DRM doesn't kill music; people kill music. by tepples · · Score: 1

      Well, shoot, when you put it like that MS/other DRM creators seem in the right ... Two issues here. First, Microsoft is using its monopolistic weight to require that all input and output hardware drivers allowed to load on Windows Vista are compliant with its weapon technology. The certification process can be cost prohibitive for hardware developed and sold by small businesses or non-profit organizations. Second, the ten members of the MAFIAA (Bertelsmann, WMG, Vivendi, EMI, Sony, Time Warner, Disney, NBC Universal, Fox, and Paramount) are using their oligopolistic weight to keep the public from learning of the existence of other publishers' quality works not subject to digital restrictions management. All nationwide cable TV news outlets in the United States are MAFIAA owned.
    3. Re:DRM doesn't kill music; people kill music. by JazzLad · · Score: 1

      How dare you shoot down my humour with clean logic!

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    4. Re:DRM doesn't kill music; people kill music. by Anonymous Coward · · Score: 0

      The difference is that nobody is being oppressed or killed because MS included DRM in Vista. Let's try to keep things in perspective here.

    5. Re:DRM doesn't kill music; people kill music. by StikyPad · · Score: 1

      Where's the difference?

      The words in bold.

  28. DRM: IMHO by robyannetta · · Score: 1

    I think DRM _should_ exist... but as a user-controlled management solution.

    DRM was originally designed to allow YOU, the USER to manage your own rights. It's a scheme to allow you to trust something of your own free will. The power was in YOUR hands.

    However, the vendors took over the control of 'rights'. The problem here is that they don't trust YOU and hence, DRM is hated because we lost the ability to control it.

    If DRM was back in the USERS hands, everyone would be singing the praises of DRM.

    Sweden and a few other European countries are now showing their backbone impling (not saying it outright, they don't want to piss off big business because that means less money for their economy) that business-controlled DRM is bad. Notice that they've never said anything about user-centric DRM...

    --
    - Just my $0.02, take with a grain of salt, your mileage may vary.
    1. Re:DRM: IMHO by ShieldW0lf · · Score: 2, Interesting

      DRM already is in the users hands as is.

      The IT guy publishing media on that windows server is a user too.

      It goes both ways.

      No, it's not "1984" yet. But the technology is now in place... for the first time in our history, there's no practical reason why it can't be tomorrow.

      This is push-button book-burning technology, plain and simple, and it's being rammed down our throats.

      Those who developed it should be executed.

      --
      -1 Uncomfortable Truth
    2. Re:DRM: IMHO by wirelessbuzzers · · Score: 1

      If DRM was back in the USERS hands, everyone would be singing the praises of DRM.

      Huh?

      The point of DRM, as far as I know, is to grant some entity (a user, a program or whatever) only limited access rights on a piece of data. That means that the user can, say, view it on the screen, but not print it or email it.

      Now, because the user can do some operation that requires full access to (something equivalent to) the data in question, he surely can't have full control over his machine. Otherwise, he could take screenshots, memory dumps or whatever, recover the data in unrestricted form, and thereby extend his rights.

      So how can DRM be put into the users' hands? If you mean that anyone should be able to create DRMed documents, well, anyone can, at least with the appropriate (commercial) tools. Business users of Windows can do this in Office (and Outlook, too, I think), and anyone can do this with Acrobat.

      If you mean that it should be more open, well, this is impossible without hardware support. Actually, it's pretty close to impossible even with hardware support...

      --
      I hereby place the above post in the public domain.
    3. Re:DRM: IMHO by Swift2001 · · Score: 1

      "Sweden and a few other European countries are now showing their backbone impling (not saying it outright, they don't want to piss off big business because that means less money for their economy) that business-controlled DRM is bad. Notice that they've never said anything about user-centric DRM..." What a perfect weasel that position is. If they want that, they should pass laws disallowing all corporate-driven DRM. But they're not going to because they're cowards. So what they're doing is completely counterproductive; they want to set in place a single DRM to rule us all -- but I'd rather have seperate DRM satrapies, which can be overwhelmed, than an international system enforcing that stupidity.

  29. Parody == defamation? by tepples · · Score: 1

    The a recent report proposed making format shifting legal, and having a specific exception on copyright law for parody (another thing we don't have that the US has).

    I'm not sure what good such a copyright-only exemption would do, given that defamation law in the UK is much stricter than it is in the United States. There would have to be usable exemptions in both copyright law and defamation law.

  30. But how do you prevent theft? by FlyingGuy · · Score: 1

    Lets examine this from the point of view of the artist. That person or person(s) works hard at making some form of art. It really makes no difference what the art is, it could be music, sculpture, painting, books, motion pictures it really does not matter, lets just assume the arguments.

    Now how does that person make a living doing this?

    • A musician thinks up a melody, some words, fills it in and records it, then attempts to sell it to the masses. This is how that person or person(s) pay their electric bill, mortgage, buys food, GI Joe with the Kung Foo grip for their kids.
    • A sculptor take a chuck of rock, clay or whatever the medium is and transforms it into a shape that is both appealing to the eye and makes some sort of artistic statement. The scupltor then tries to sell it for whatever they can get for it so they can pay their electric bill, mortgage, buys food, GI Joe with the Kung Foo grip for their kids.
    • A takes a blank canvas or whatever the medium is and transforms it into an image that is both appealing to the eye and makes some sort of artistic statement. The painter then tries to sell it for whatever they can get for it so they can pay their electric bill, mortgage, buys food, GI Joe with the Kung Foo grip for their kids.
    • Now I could go on and on but your all smart, I think you get the point. The {___________} {insert the appropriate moniker here }, does whatever they do so they can pay their electric bill, mortgage, buys food, GI Joe with the Kung Foo grip for their kids.

      The transportablity of the item by digital means seems to make the difference here. You cant download a sculpture or a painting, you can download an image of the sculture or painting, but not the actual item. A fine paitning or sculpture might very well sell for a very large amount of money. If you buy it, its yours, you own it, but not ALL the rights to it unless that is spelled out in the sales contract. Can you then set up shop, make a mold and make plaster casts of it and sell them? I dont think so. Can you hire another artist to duplicate the painting you purchased for a large amount of money then sell the copies, again I dont think so, that is if you are a law abiding person as I do beleive the original artist retains that right, well unless you purchased it from them I would imagine.

      Let us now take the example or say, U2 or Cold Play. These are artists who create a of work of art, in this case its music. They are willing to sell you a copy, for your individual and personal use only, to enjoy their particular art form. Now most people are quite content with that, but there seem to be some people who believe they have the right to then give that to anyone they want to, en mass! I don't think any reasonable person would think that was ok.

      So here is my proposal to solve this problem. I know that everyone wants to be able to do is play content, that they have purchased, on any device that they own. I think that a form of PGP is the answer.

      Everyone knows that in PGP you have a public and private key. Lets just take this one step further. The private key comes with the content. The public key is something you make up. The part that I think makes this work, is that each device, iPod, Zune, Your car radio, your whatever player all have a unique key of their own. That key gets mashed with your key and creates your personal key, for that device. You buy another device and you create another key for that device. At your computer or whatnot you can either have it read form the device electronicaly ( device is in the cradle ) or you can manualy type it in if the key comes from say your car stereo.

      Whatever system you use to purchase digital content with, be it iTunes or whatever knows the Private Key and your Personal Key, but not the key from the iPod, Zune, Phone, whatever. The Private & Personal keys get embeded into the particular bit of music, video, book on tape, etc. Now all of your content will play on all o

    --
    Hey KID! Yeah you, get the fuck off my lawn!
    1. Re:But how do you prevent theft? by mav.rc · · Score: 1

      But the problem with this is that DRM - or what Mr. Chiariglione reminds us is protection, not management - restricts the user's freedom to do what they want with the media they purchase. It doesn't seem to me like this is balance, but instead intrusion on rights that people had previously. These are new restrictions, imposed on us for no reason other than the technology exists to do so.

      My question to you would be, who handles this key embedding? Some centralized authority? Media distributors? How many players can I get keys for? I've got an xbox, four computers, two portable players and a smartphone. Is that too many? When will I have to pay for more licenses? If my Internet connection goes down, and I'm trying to move a piece of media from my computer to my portable media player, can I do that, or will it reject this move based on the fact that it cannot authenticate the new device and generate an appropriate key for it? What if I go to a hostile environment in which Internet access is a rarity? And then my computer dies, and I have to move my media from one system to another - will it play? How about open-source operating systems? So far, the media companies have simply rejected open-source OSs out of hand because the market isn't substantial enough, but if you really, truly want to play media everywhere you're going to have to let us Linux geeks play it too.

      And what happens in ten or twenty years when the authentication servers for this media are shut down in favor of a new type of media? The media I licensed legally - without any sort of time constraint - is now useless. In other words, the content industry bricked my media in favor of an alternative format, which I conveniently have to purchase again. Repeat, ad infinitum.

      A far better example of DRM in real life is Windows XP product activation and/or Windows Genuine Advantage. As a tech support minion, I spend far too much of my time hassling with these things, because they break often, even though most people consider them to be "unintrusive." Microsoft is almost no help whatsoever in these circumstances, since their answer is often "reinstall." Why should I ask my clients to tear up their systems because this crappy DRM system fails to work? It's pure insanity, but we've basically accepted it as the norm because Microsoft owns the enterprise space.

      DRM makes everyone's life harder, and all current forms of DRMed media distribution are stunningly expensive. Ten bucks for an album from iTunes isn't much of a price break from just going to Best Buy and buying it on sale. Wal-Mart's new movie store is shockingly expensive. The thing that really pisses me off is that no major media company has even bothered to try the alternative : distributing media in open formats at reasonable prices, and providing a fast link on which to download them. Frankly, if I could buy a DVD on Amazon for ten bucks, or download it as an h.264-encoded MKV, I'd download it. Moreso if it only cost $7.50.

      To summarize:

      • I shouldn't have to give up my rights to use media anywhere I want to ensure the author's right to get paid.
      • I shouldn't have to give up my right to control how long I use my media to ensure the author's right to get paid.
      • No DRM (protection) scheme currently exists in which the user can be assured that their rights to use media as they wish, for as long as they wish, will ever be violated.
      • It is likely that no DRM (protection) scheme that does these things can ever exist.
      • It is highly unlikely that every person who has downloaded media illegally would purchase it even if they were so restricted, therefore increased DRM does not directly relate to increased profit.
      • No large media organizations have ever tried distributing unprotected media at low cost, so no fair comparisons between DRMed media and non-DRMed media can be made.

      Moreover, if I copy something you made, that neither deprives you of your original content nor your life, so making comparisons to direct theft or even murder is ludicrous.

    2. Re:But how do you prevent theft? by FlyingGuy · · Score: 1

      • I shouldn't have to give up my rights to use media anywhere I want to ensure the author's right to get paid.

      Nothing in what I said suggests that you do. The scheme I suggest allow you to play any content you have purchased on any player you have purchased.

      • I shouldn't have to give up my right to control how long I use my media to ensure the author's right to get paid.

      Nothing I suggest has any timeout or drop-dead feature

      • No DRM (protection) scheme currently exists in which the user can be assured that their rights to use media as they wish, for as long as they wish, will ever be violated.

      • I do believe the one I suggest will do exactly as you ask.

      • It is likely that no DRM (protection) scheme that does these things can ever exist.

      I do believe the one I suggest will do exactly as you ask.

      • It is highly unlikely that every person who has downloaded media illegally would purchase it even if they were so restricted, therefore increased DRM does not directly relate to increased profit.

      I tacitly agree with this point; however, it does stop the person who steals my property from doing so, and then reselling it, thus depriving me of my right to profit from my own work.

      • No large media organizations have ever tried distributing unprotected media at low cost, so no fair comparisons between DRMed media and non-DRMed media can be made.

      You are obvisouly not in the verticle software market. I know a company that sells optical design software, arguably an artisitic creation. The sold their first version unprotected, it was all over Hong Kong in a matter of days. The next version they sold came with a dongle.

      Moreover, if I copy something you made, that neither deprives you of your original content nor your life, so making comparisons to direct theft or even murder is ludicrous.

      If you copy something I made, and then give it to someone else you are most certainly depriving me of my rights and my rightfull income from my labor. You are in point of fact, stealing from me! Now having said that, if you make a copy for backup, thats fine. If you make a copy so you can listen to it when your in your car, thats fine with me. But if you put it on a website, or a torent share or anything like that, or you download my work from a website that is not specificaly authorized by me, the content owner, then yes the person who runs the website and you are stealing from me.

      --
      Hey KID! Yeah you, get the fuck off my lawn!
    3. Re:But how do you prevent theft? by raynet · · Score: 1

      And now for the part that no one wants to hear, the anwer to the question, "But I want to give my buddy a copy!" Well you cant, because that is theft, you are stealing from the artist, you are stealing from the record company, you just flat out being a thief.

      Ah but in some countries it is legal to give copies of eg. music CDs to your friends and also make personal backup copies.

      Personally I don't have any ethical problems on downloading music/movies/tv series/whatnot from the Internet. Sometimes illegal copying is the only way to get some of this content as it is never going to be sold or show on TV in my country. Now, if someone downloads music and sells it to his friends or strangers, then I would say this person is stealing. He is actually getting some of the money that the record companies would(should?) have earned.

      Don't try to justify your being a thief with degree, because at that point our society will unravel and it will at some point be just fine for me to decide that because you look a certain way, its OK for me to whip out my Glock and just blow your ass away.

      This might be one those slippery slope arguments. It also is not a very good analogy, perhaps you should have used patents, trademarks or even borders (immaterial things) and it might have worked better.

      A car that I own is my property and if you steal it majority of people will think that to theft (though atleast my law will probably say that it is illegal/unauthorized use of that car, but that is not relevant here). The problem with copyright is that it is not tangible. Many do understand and agree, that if I make a song, I have certain rights to it. They also think having some rights over it after they purchase the music from you. DRM tries to artificially remove some of those rights and that is why many think DRM to be unfair.

      I might have some empathy for RIAA/MPAA/whatnot if they weren't playing with DRM and extending copyright terms. And it doesn't help that governments make laws that eg. prohibit my friendly anime store to import DVDs and manga from US unless the copyright holder has authorized importing to some EU country. Perhaps it is time for reboot the whole intellectual property system and start building a new one, one that is fair for both sides.

      Humm, it is late so I'm not sure if this makes any sense, but there it is...

      --
      - Raynet --> .
    4. Re:But how do you prevent theft? by Anonymous Coward · · Score: 0

      Stealing, how? What physical property have you been deprived of? Besides, in other countries the practice of making copies for friends is perfectly legal and protected under fair use.

      Otherwise, this just sounds like another big whine of "boo hoo, I can't sell information as a product effectively", when it's your fault you approached it the wrong way (Hint, you would want it to act as a service).

  31. Fair use doesn't have to be convenient by tepples · · Score: 1

    Will I still have my fair use rights? Will I be able to take a 3 second fair-use sample and attach it to my research paper multimedia presentation on vulgarity in contemporary culture?

    Under United States copyright law as interpreted in the DeCSS cases such as Universal v. Reimerdes, fair use doesn't have to be convenient or full quality in order to be constitutionally sufficient. Line-out is still available.

    1. Re:Fair use doesn't have to be convenient by Fred_A · · Score: 1

      Under United States copyright law as interpreted in the DeCSS cases such as Universal v. Reimerdes, fair use doesn't have to be convenient or full quality in order to be constitutionally sufficient. Line-out is still available.
      From what I gathered analog line out is disabled in Vista when you play protected content. Of course you can always record the sound coming out from the speakers or film the screen.

      Until recorders recognise the embedded signatures in content of course...

      In other words, a lot of people are working on removing every possibility there is. It's unlikely that they will succeed but they are certainly busy.
      --

      May contain traces of nut.
      Made from the freshest electrons.
    2. Re:Fair use doesn't have to be convenient by JAFSlashdotter · · Score: 1

      Will I still have my fair use rights? Will I be able to take a 3 second fair-use sample and attach it to my research paper multimedia presentation on vulgarity in contemporary culture?
      Under United States copyright law as interpreted in the DeCSS cases such as Universal v. Reimerdes, fair use doesn't have to be convenient or full quality in order to be constitutionally sufficient. Line-out is still available.
      I was unfamilar with that particular aspect of the DeCSS rulings, so I appreciate the information. Still, in this case we were discussing what we thought Mr. Chiariglione position was on DRM, and appleguru felt Chiariglione's position was that "[it is] the unfair enforcement of such DRM that is [evil]." While it may actually be legal, I would still say I feel it is unfair (and therefore, if he interpreted the position correct, evil). Just because it is legal, doesn't make it the right direction for the industry to go. They could decide to sell each song with its own disposable player that allowed no attachment to any home stereo equipment, and it would be legal, but no one would ever want it (I hope!) I don't want a product that makes it that difficult to exercise my fair use rights, no matter how legal it might be. If the industry wants to know what I want to buy, it's non-DRM (protection) encumbered content.
      --
      We apologize for the preceding message. All those responsible have been sacked.
  32. Re:But how do you prevent theft? You don't... by wardred · · Score: 1

    How do you prevent theft? You don't...

          I respect artists. I don't personally trade music, though I know how easy it is to do. As far as sculpture or paintings are concerned it's almost impossible to get an exact copy, but copies of both have been made in many ways. Prints of paintings, and replicas, including full size to scale replicas of sculptures have been done.
          Unfortunately, with music and movies, I believe DRM - digital restrictions mechanisms - are at least as much about control of the market as they are about keeping me from giving a copy of that Spears CD to a friend. And all the expenses associated with that need for control are not paid by the organizations that want the lock downs, it's paid by their customers.
          I find it repellent that in the upcoming publisher's utopia that I won't be able to record even pay per view venues, such as sports, should they decide that they don't want me to. That if I purchase a piece of music in whatever format that I can't play it on whichever of my devices that I choose. That if I was an early adopter of HDTV that I won't be able to watch a vast quantity of HD content because my set doesn't have the appropriate (*$$#)*@ connector that encrypts the signal all the way to internals of the TV set itself.
          I find it ironic that if I want a CLEAN, easily portable source for my entertainment, I have to break any number of laws to get it, instead of simply purchasing a DVD with no encryption on it. Everything I've mentioned was legal with fair use, but now with the DMCA it's the manufacturers and publishers that determine what devices and how many times I may listen to content that I've legally purchased. It's the publishers that are putting out broken, bug ridden - look at non redbook CDs that won't play in many CDPlayers - inferior products than the pirates are. The "content" industries are pushing some of their best customers to "piracy" and other illegal acts because, though the content they're releasing may be compelling, all the restrictions around the content, the trouble that it causes - like the Sony root kit fiasco, the price fixing that they were convicted of, is much less compelling than a clean version of their product one can download from the internet. If they'd simply release the products in an enencumberred format, and possibly reduce the price of the content - something they promissed they'd do a long time ago, then they may find that they have more loyal customers. The contempt that they breed when we see their unbridled greed and grab for power makes us much less guilty when we steal from the mouths of the billionaires.
          So, I go the route not many people talk about. I don't purchase music or movies from the companies I don't agree with, and I don't pirate it either. I do without. I do find it a little unsettling that more people aren't willing to go this route. For better or worse, it's not our god given right to listen to whatever we want to, whenever we want to, weather we have the money to purchase the products or not. If enough people would do this, vocally, then maybe the media companies would cave in to consumer demand. The trick, of course, is to overcome personal greed, and to find some way to educate "joe average" about the slow eroding of his rights to do with the products he purchased as he wishes. And the media companies know that it has to be slow, so that we accept the next level of restrictions before tightening things down even further.
          I'm not saying I'm a saint. Sometimes I do go out to the movies. I have downloaded content I don't own before, though not much, and I made a decision quite some time ago not to do it, but I think a little personal integrity can go a long way, if we're willing to excercise it. If the media companies really aren't putting out any content you wish to hear, if you really object to the restrictions they're requiring us to endure, then simply don't purchase from them. Or, worst case, purchase used.

  33. DRM=cost centre for Apple, profit centre for MSFT by aristotle-dude · · Score: 1
    DRM costs Apple money to implement and update whenever it is cracked. Apple has make their best effort to update the DRM scheme because it is part of their contract with the labels. Apple would save money if they did not have to use DRM and they would not have to update iTunes so often. It is often forgotten that many iPods were purchased long before iTMS was available in a particular market. Many also forget that many people own iPod but purchase little or no music from iTMS.

    MSFT earns revenue from DRM through licensing fees and royalties from Playsforsure device manufacturers and music stores. MSFT has also implemented the Protected Media Path within Vista which will disable or degrade the performance of hardware which does not implement features to enforce DRM protections.

    The WMA DRM has the added benefit of a platform lock in for the windows OS.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  34. He means the DRM in phones, I think by cyberformer · · Score: 1

    It's hard to tell, but he seems to be talking about the DRM that is built into many cell phones (to stop people sharing ringtones, downloaded video clips, etc.) rather than the GSM encryption protocol itself.

    This only works because most cell phones are limited-capability devices tied to a particular service provider. Similar schemes can be used with set-top boxes, but not with PCs unless the PC's functionality is also drastically limited so that it becomes more like a phone than a computer. (The iPod is similarly limited, of course. But the DRM problem is with iTunes, and that still needs a computer.)

  35. Re:DRM=cost centre for Apple, profit centre for MS by Yvan256 · · Score: 1

    The WMA DRM has the added benefit of a platform lock in for the windows OS.
    Not only that, but Microsoft could (and will, IMHO) use it as a forced upgrade method.

  36. Yes, let's waste more money on DRM by pico303 · · Score: 1

    You would think after 30 years of companies trying to protect their products--be it software, music, movies--via digital encryption of one sort or another, they would realize they're just wasting money. Blu-ray and HD-DVD were "uncrackable", until they were released to the public. How much did Sony and Toshiba waste on developing those encryption technologies? 10 million USD? 50 million USD?

    A universal DRM that everyone uses? Yeah, right. Companies won't go for it, it'll cost too much, and it'll be broken in about a month.

    I say you want to copy something, copy it. If you get caught, you're breaking the law and you either go to jail or pay a hefty fine. Put a personalized watermark on it or something that's hard to remove, maybe baked into the video or encoded in the music stream and leave it at that. Let the law handle the rest.

    1. Re:Yes, let's waste more money on DRM by RightSaidFred99 · · Score: 1
      Thank God you're so much smarter than all these companies. Clearly you're right and they don't do any thinking or research before deciding to use DRM. You really should be the CEO of Sony.

      Crikey. Of course it fucking works. These people aren't stupid. They want to stop casual copying of their content. Their DRM schemes generally achieve this.

    2. Re:Yes, let's waste more money on DRM by Anonymous Coward · · Score: 0

      These people aren't stupid. They want to stop casual copying of their content. Their DRM schemes generally achieve this.

      No, they don't. The vast majority of music on ipods are MP3s, a format that does not have any DRM. Those people are in fact, stupid. Primarily in thinking that DRM does work. It may work mechanically, but few people are buying it.

  37. who cares standardized DRM stack enables adoption by unity100 · · Score: 1

    worldwide or not ?

    we do not care about different drm abilities or possibilities or easy adoption or whatever - we just DONT WANT DRM.

  38. Missing the point? by gnasher719 · · Score: 1

    Chillout seems to be meters and meters (in screen space) of specifications how one might represent various things that one might want to represent. That part of Chillout is complete overkill for what Apple wants.

    What it doesn't do is specify (except for a reference to "users using smartcards") how to handle the problematic parts: How do I make sure that someone who isn't a legitimate user cannot pretend to be an existing legitimate user. How can I make sure that nobody can fake a permission to play music. How can I make sure that a device that is capable of playing music with the right permission doesn't make a copy of the music at exactly that point.

    It looks to me as if Chillout is a complete overkill solution for five percent of the problem, and doesn't concern itself with the hard 95 percent.

  39. [citation needed] by tepples · · Score: 1

    From what I gathered analog line out is disabled in Vista when you play protected content.

    It's the fcuking headphone jack. Cleartext digital audio outputs have been turned off for some restrictions-managed content since Windows Millennium Edition, and high-definition video outputs may be degraded to enhanced definition if they are not digital and encrypted, but this has never affected analog audio outputs to my knowledge. Please cite your sources.

    Until recorders recognise the embedded signatures in content of course...

    But then you really get into constitutional issues. The opinion of the Supreme Court in Eldred v. Ashcroft stated that without the possibility of fair use, copyright might not be compatible with the First Amendment's guarantee of free expression.

    1. Re:[citation needed] by Fred_A · · Score: 1

      Cleartext digital audio outputs have been turned off for some restrictions-managed content since Windows Millennium Edition, and high-definition video outputs may be degraded to enhanced definition if they are not digital and encrypted, but this has never affected analog audio outputs to my knowledge. Please cite your sources.
      I had no idea it had already been turned off (don't use Windows), I thought I read it in http://www.cs.auckland.ac.nz/~pgut001/pubs/vista_c ost.html but can't find it as I browse the article again so I might be mistaken.

      The opinion of the Supreme Court in Eldred v. Ashcroft stated that without the possibility of fair use, copyright might not be compatible with the First Amendment's guarantee of free expression.
      While this might have some incidence in the US, the rest of the planet couldn't care less. :-/
      --

      May contain traces of nut.
      Made from the freshest electrons.
    2. Re:[citation needed] by tepples · · Score: 1

      The opinion of the Supreme Court in Eldred v. Ashcroft stated that without the possibility of fair use, copyright might not be compatible with the First Amendment's guarantee of free expression. While this might have some incidence in the US, the rest of the planet couldn't care less. :-/ If Microsoft, the MAFIAA members, or any other company that does a lot of business in the United States wants to add features to copies of a motion picture or phonorecords of a sound recording that close the analog hole entirely and sell the product to the public in the United States, then the company will likely not be able to maintain full restrictions on that product.
    3. Re:[citation needed] by Fred_A · · Score: 1

      They may not be able to maintain full restrictions, but partial may be good enough. If scary enough tactics are used alongside (just thinking aloud).

      --

      May contain traces of nut.
      Made from the freshest electrons.
  40. Who says that they HAVE the rights they "manage?" by dpbsmith · · Score: 2, Informative

    L. Chiariglione got my back up immediately when he defined DRM as "a means to manage rights with digital technologies." Well, no.

    The most obnoxious thing about so-called DRM is that it allows content owners to manage any arbitrary restrictions. There is absolutely nothing about DRM to ensure that those restrictions are, in any way, aligned with rights the manager actually holds, and in practice DRM users invariably overreach.

    A famous example was Adobe releasing an eBook version of "Alice's Adventures in Wonderland," which is well and truly in the public domain, with restrictions prohibiting its use with text-to-speech converters... and compounding the error by presenting this with unfortunate wording, which said, not that they were preventing the electronic conversion to speech, but that the user could not "read it aloud."

    Adobe has insisted that it was all a mistake, as it may well have been, but nevertheless DRM allowed them to exercise "rights" they did not possess.

    Now, since nothing about intellectual property is obvious, and most likely not even a lawyer knows what the law is until there is a court case, there probably is no way at all to implement a technology that actually manages "rights." In practice, DRM manages whatever the content vendor believes or wishes its rights were, not what those right may actually be.

    In practice, content rights owners opinions of the extent of their own rights are, at the very least, expansive and optimistic. The RIAA believes, for example, that when I copied my collection of vinyl LP's to CD-Rs, and the moment when I threw away the LPs I lost my right to listen to those CR-R's. Without DRM, such beliefs are no more than a curiosity. With DRM, the content owner becomes judge and jury, and the DRM techology becomes the executioner.

  41. Not all DRM is equal by Anonymous Coward · · Score: 0

    Chiariglione lists various uses of DRM, but there is a difference between, say, using it to protect a GSM user's privacy and using it to lock a user into a particular player (or even OS, effectively) or to enforce sometimes stupid playback/copy rules. In the case of GSM, DRM serves the user, in the latter cases its benefits for the end user a very dubious. So citing the DRM-mediated uptake of GSM phones isn't very relevant. Also, the uptake of iPods is clearly based on NON-DRM files.

  42. Pro-DRM is pro-corporate and anti-artist/consumer by Anonymous Coward · · Score: 0

    You're being obtuse and missing his larger and completely valid point. The company that manufactures a product and sells it gets paid one time for that product, and can only sell it at a price that is reasonable enough that people will buy it (unless they have various forms of monopoly, which are not that uncommon).

    What music (and movie, book, and other "content") companies try to do is get paid over and over again for the same product they've sold me once. They're trying to "license" the use of their content to me rather than selling it to me and letting me use it as I like. The only reason they do this is because they think they can -- that is, they think that DRM technology gives them the ability to enforce these so-called "licenses".

    What many people are pointing out in their comments are that 1) DRM doesn't actually work, so people can circumvent the dictates of the content companies, and that 2) DRM is both unfair [as it deprives people of their legitimate rights to use stuff they've bought] and therefore actually inhibits greater sales of content.

    His point about people getting paid by the hour is that, when you work for a company and create a product, you don't keep getting paid every time a copy of that product is sold, or over the life of that product. You get paid one time for every increment of effort (measured in hours of labor) that you put into it.

    Artists theoretically get paid for more than their time, and in fact (and, again, theoretically) can make many times more money for the "effort" (time) they put into creating it. Of course, they're ostensibly being paid for their creativity/imagination, but there's no way to really quantify that.

    No one -- as you put it -- "deprive[s] the artists of their profits" faster, more thoroughly, or more ruthlessly than the record companies themselves. The uber-capitalist types always like to claim that copying content cheats artists, but it's actually the companies themselves that do that by signing them to exploitative contracts and paying them a pittance for the "products" (or creativity) that yield the companies themselves millions of dollars in profits.

    Most content copiers would happily pay the artists a fair amount ( more than they get from the content companies) for their works, but the companies prevent that, just as retailers prevent people from paying a fair wage to the sweatshop workers who make the stuff we buy. It's the companies that interpose themselves between artists/workers and the consumers, and exploit both in order to reap obscene profits. As technology increasingly lets people buy directly from the content/product creators, the middlemen are scrambling desperately to preserve their exploitative hold on such transactions, as they can't amass fortunes on other people's labor if we are able to circumvent them.

    You're all for "winners and losers" in a profit-driven system when it's the workers who get paid by the hour that are the losers, but when those same workers become the winners by circumventing monopolist DRM, and the losers are corporations and shareholders, then suddenly you're all up in arms. You're so worried about the poor companies and the poor shareholders (who contribute nothing to any of this) that you -- like the companies themselves -- are just invoking the artists' rights to the profits from their works as a subterfuge for corporate-capitalist boosterism. If you really cared about artists' profits, you'd slag off the companies that exploit them.

    If you think our winners-and-losers system is so great (or inevitable or whatever), then you shouldn't care if the content companies lose. After all, the artists will still be here making their art -- as they were before the corporations took over (and even before copyright) -- and we will still want that art and be willing to pay them for it. It's the companies that are the problem, not the content copiers. The copiers are fighting the corporations, not the artists, and are resisting their own exploitation, not exploiting the artists, and certainly not the companies.

  43. Word games and red herrings by argent · · Score: 2, Insightful

    Look, I used to refer to myself as a "hacker". By that, I meant that I was really good at programming. That's what most people who used the word meant. Then people started talking about guys who broke into computers as "hackers" and pretty soon I had to give up using the word the way I was used to.

    What Steve was talking about was content protection technologies - restricting the ability of the user through technical means. That's what people mean when they say DRM. Anything you have to say about Steve's letter that doesn't have
    to do with that face of DRM is, well, it's got nothing to do with Steve's letter.

    Yep, a DRM system that didn't restrict a user's abilities wouldn't get any pushback, Steve wouldn't be writing about it like this, it'd be great, but it also wouldn't exist. The only reason to statically encrypt a published document, song, or movie is to restrict the abilities of the person who buys it. Without region coding, there would be no CSS. Without the restrictions in iTunes music, there would be no Fairplay.

    GSM is a red herring. GSM is a communications mechanism. It's not using a broadcast model, the call is point-to-point. Using encryption for authentication and privacy has nothing to do with anything the music industry wants out of DRM. Take out the restrictons on the end user, and there's no point to it.

  44. Count me as anti-DRM/copyright. by Xenographic · · Score: 1

    I'm happy to *choose* to support artists. Hell, at least once I cracked a game and then paid for it--some small-time shareware game; I was having fun and didn't want to wait to be sent the code to keep playing. It was just some guy selling his work for a few dollars and I respected the work he'd put into it. I even emailed him my crack with an explanation of how I did it.

    But as you can see, I'm no fan of "moral rights" to art, nor of copyright in general. Hell, I'm the type of person that releases my own work with only the stipulation that I *NOT* be given any credit for it! So I'm not going to put up with DRM. When it gets in my way, I will hack it in some way.

    That said, I really prefer Free software, where I don't have to put up with that crap.

  45. Re:Who says that they HAVE the rights they "manage by RightSaidFred99 · · Score: 1
    And... you couldn't get the contents of Alice's Adventures in Wonderland elsewhere? Did they somehow DRM every copy in existence? You raise an issue of trivial importance.

    The main thing is that DRM is a pain in the ass. Instead of whining about it and cheering on various socialist asshole countries that try to hamper capitalism by forcing e.g. Apple to change their business model I just don't buy shit that's DRM'd unless I can crack it or do what I want with it. See how simple that is?

    God this country (and the world) is getting more and more full of assholes with serious entitlement complexes.

  46. Fraud. by Belial6 · · Score: 2, Insightful

    Um, if you keep paying a manufacturer for the same product they produced and sold to you already, you haven't bought it, you have rented it. If I buy a laptop, car, or hamburger, I can do as I wish with it and never pay the manufacturer again. If they want me to pay them again, they have to make me a new one. If I go home and manufacture my own burger, no matter how similar to a Big Mac it might be, I do not feel that I have deprived anyone of a way of making a living.

    In fact, I believe that most media companies are committing fraud as a standard part of their business. They keep "Selling" products to customers, and then after the sale, they claim that you did not buy the Music/Movie/TV show, but instead only paid a licensing fee to view it under specific conditions. As far as I understand the term fraud, knowingly entering into a financial transaction that you intend not to fulfill the terms of is it.

    Heck, just last night, I saw an ad that specifically said "Buy an episode of Battlestar Galactica". Now, I highly doubt that they are actually selling the episode. I believe that what they are doing is trying to trick the public into thinking they are buying something, but will tell them later that they don't REALLY own it. They only 'licensed' the right to view it. If that is not fraud, I don't know what is.

    1. Re:Fraud. by sndoc · · Score: 1

      I agree that one should not be forced to rent a song, DRM enforcement as dreamed by music industry is a bad thing etc. I contribute to FFII and I completely agree but that's was not the subject.

      My point was to reply to this guy who seems to think that artists should be paid by the hour like "everybody else". Not everybody else get's paid by the hour in this world. In fact, not a single person in fortune 500 earned his money by being paid by the hour. And mostly they are not artists. Claiming that artists should be paid by the hour to justify the fact that people download music through emule is simply stupid and short sighted and I hate this.

      Music and IP is a real debate, but the underlying debate is about profit, and limits to how one can build profit. And this goes farther than the music industry (e.g. should pharmaceutical industry gets paid by the hour ?).

      By the way, when the time comes where you can *download* a labtop, I bet Dell will try to do exactly what music majors are doing now : find new ways to increase their profits, by renting things instead of selling them.

      After all, the whole software industry is already taking this path (Google Office ?).

    2. Re:Fraud. by Belial6 · · Score: 1

      I don't think you understand what being paid 'by the hour means'. It mean you are being paid in time increments. If that increment was 1 minute increments, arguing that your not paid by the hour is no valid. Likewise, when someone is paid a 'Salary', the time increment is paid by the year. While you might have misunderstood the original posters comment about being paid by the hour, it is still valid. So, yes, almost every single employee in the Fortune 500 is paid 'by the hour'.

      "Music and IP is a real debate, but the underlying debate is about profit, and limits to how one can build profit."


      This statment indicates that you do not understand the debate at all. It is not an issue of you disagreeing, but that you don't understand the opposing position at all. The debate is as much about control of people as it is about profit, and in what ways one person can control another. It is also about slavery. We are quickly headed down the path where through eternal copyrights, certain groups will be able to own other people. Of course it will not be called slavary, because that is a bad word now, but calling it modern 'share cropping' is definitly fair. IP in it's various forms is quickly creating an enviornment that makes moving from one cast to another impossible. There are many other issues involved in the debate as well. It is obviosly not just about profit, and limits to how one can build profit. That is the least of peoples worries.

  47. It's not about theft. And you don't prevent theft. by argent · · Score: 1
    Let us now take the example or say, U2 or Cold Play. These are artists who create a of work of art, in this case its music. They are willing to sell you a copy, for your individual and personal use only, to enjoy their particular art form. Now most people are quite content with that, but there seem to be some people who believe they have the right to then give that to anyone they want to, en mass! I don't think any reasonable person would think that was ok.

    I believe I have the right to listen to my copy of "Only Superstition" even if:
    • A hardware problem forces me to reformat my hard drive and reinstall iTunes more than 5 times.
    • I forget the password to my iTunes Music Store account.
    • I don't have Internet access.
    • The iTunes Music Store goes out of business.
    None of this has anything to do with "theft", even in the loose sense of "violating Coldplay's copyright".

    You do not have to be in favor of theft to oppose DRM.

    And encrypting the music that I've downloaded from the iTunes Music Store won't prevent theft in any case.
    • The CD version of "Brothers and Sisters" is not encrypted.
    • FM radio is not encrypted.
    • The output of my stereo is not encrypted.
    • The version Coldplay sells through eMusic is not encrypted.
    That means that if anyone, anywhere in the world, has an internet account and access to any of these unprotected sources... they can start handing it out on the Internet just as easily as if they had cracked the encryption on the iTunes Music Store version.

    DRM does not prevent theft.

    Now most people are quite content with that, but there seem to be some people who believe they have the right to then give that to anyone they want to, en mass! I don't think any reasonable person would think that was ok.

    No, there are some people who believe that they should retain the ability to do that, because it's not possible to create a system that will prevent them from doing it without preventing them from doing many things that are far more important abnd entirely legal and desirable.

    Not even the one you're proposing, not without:
    • Preventing me from listening to my music if I lose my player.
    • Preventing me from recording MY OWN music and giving it away.
    • Preventing me from recording evidence of a crime and publishing it.
    • Creating a police state in which it's illegal to write software without a license
    And I'm not prepared to put up with that for Coldplay's sake, especially when they don't seem to care.
  48. We must hurry... by IBitOBear · · Score: 2, Insightful

    "We must hurry to create the prison cell we think is comfortable for fear that someone else will create a prison cell we don't."

    This is a false dichotomy, as in both cases we end up prisoners.

    Instead of "rushing" to create or accept a single form of Illegal Prior Restraint (often misspelled "DRM") we need to rush to prevent any such Illegal Prior Restraint.

    A side effect of this Prior Restraint is that, when combined with the DMCA (in the U.S. and its puppet regimes), is that even as we speak "technologists" can create untested, arbitrary technologies which, at them moment of their initiation have the force of law. That is, if you read the law it basically says "anything created within [these bounds] immediately functions to create a new body of criminal estate, and in so doing may immediately and retroactively reclassify existing technologies and inventions as illegal."

    Consider, I produce a tool that does stenographic analysis on images; this tool specifically analyzes an arbitrary image to identify the best ways that the picture _can_ _be_ used to store hidden information. (That is, it identifies the best places and means to encode information. e.g. it tells you that you _could_ fit 2kbits in the sky-part, while you could put 8kbits in the ocean part of a given image before the image is degraded enough to start showing visible signs of manipulation.) This application is completely legal. Then some guy produces an "effective content protection mechanism" that uses the "album cover" image as a Illegal Public Restraint key vector. When he does that, my existing program is "automagically" reclassified as a criminal-grade circumvention tool. It's legal magic!

    So, again, here we are being encouraged in a race to the bottom, fueled by technologists who think that just because a thing can be done (half-assed-ly at best) it really ought to be done.

    Just say NO to Illegal Prior Restraint and any technology that is being sold to you as a "kinder, gentler" IPR.

    Whenever someone proposes something outlandish they are just hoping you will fight them back to "a reasonable compromise", which will seem "not so bad" but which if you mentally went back to before the whole debacle you would see for what it was. A Really Bad Idea.

    Enough Already. The continuous questions of the "what if we make it shaped like a bird? What if we make it taste like pancakes?" form are just telling them how to focus their marketing while lulling you into a sense that there _simply_ _must_ be a configuration that you could live with. It's emotional manipulation. You begin to feel unreasonable because you don't want IPR "even if" thy go to the trouble to make it strawberry shortcake IPR with medical care attached lovingly by your grandmother.

    You don't want it. You really don't. No matter how palatable they try to make it.

    How bout this? I'll cut off your leg and use it to beat your children to death. But I'll give you ice cream... how about that?

    IPR is just as self defeating.

    The ONLY REASONABLE ANSWER is NO Illegal Prior Restraint.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:We must hurry... by SkeptAck · · Score: 1

      I'm with you.

      Technology to prevent legal use ought to be perfectly legal to remove, one.

      And two, perfectly illegal to apply in the first place.

      If they want to pass laws taking away our rights, let 'em do that, openly and honestly, instead of engaging in some shifty, dishonest, sneak-attack from the rear on account of knowing they'd never get away with it while being honest.

      Although... who would still buy music if you could download it for free online?

    2. Re:We must hurry... by Anonymous Coward · · Score: 0

      I agree with you on most points, except:

      > Although... who would still buy music if you could download it for free online?

      You can download music for free online.
      But last time I checked, iTunes did fine.

  49. Doh by Anonymous Coward · · Score: 0

    He also put his reply on Bluray. But the problem was not everyone had a Blueray drive, say they called muslix64 to crack the drm to drive the point home. DRM is bad!!!1

  50. Re:Who says that they HAVE the rights they "manage by zotz · · Score: 1

    "In practice, DRM manages whatever the content vendor believes or wishes its rights were, not what those right may actually be."

    This caused an interesting thought to pop into my head. What if we tweaked the law such that anyone protecting more rights than they have with DRM technology has all their copyrights convert to copyleft?

    That might give them an incentive not to overreach.

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  51. No to DRM by phouqhue · · Score: 1

    If you can hear IT, see IT, IT can be duplicated. IT can be cracked. 1000 engineers work on a DRM "scheme", 100 million hackers crack it. DRM is a waste of money for the providers and a pain in the a$$ for law biding music/movie lovers. Itunes music can be copied, burn and rip, thats all, no protection.

  52. GSM is insecure by this+great+guy · · Score: 3, Informative

    GSM is the most sophisticated communications protocol that I have ever seen. I have read the standard (dispite getting a headache in 5 minutes) and it is totally locked down using encryption, session keys, etc.

    I am shocked to see this statement so highly moderated ! You are obviously not qualified to comment on the GSM standard. GSM is riddled with flaws and makes use of particularly weak ciphers that are known to be so poorly designed that communications can be decrypted in a few seconds with a stantard PC.

  53. Not so *simple* after all by Skalibre · · Score: 2, Insightful

    ~ Er, .. what exactly was so 'simple' about Leonardo's way to "skin the DRM cat"? While he supplies clear definitions of exisiting systems and issues, he still doesn't address how the issue can be *solved*. And, in my opinion, the DRM of the GSM system is not quite the same apple as an MP3. Artists and Record Co.'s stand to lose if people distribute music freely. User experience cannot be closely monitored and people will complain if, for instance, they bought a perfectly encoded mp3 (m4a) from the iTunes Store but listened to it on a Zune or a Creative Zen player! How often are customers complaining about GSM because their cellphone reception quality is bad? They'd either blame the network provider or the handset manufacturer not the underlying DRM/ software!! A closer comparison, in this case perhaps, would be the 'Visa' / 'Mastercard' systems. (Note that sometimes customers still do have troubles when they shop at a store that only accepts one system). So in the end the "innovativeness" or the extent of services offered and the friendliness is going to determine what DRM system will prevail and Apple does have a stronger culture for offering a much more friendly User Experience and technology. Ultimately though, if DRM is totally done away with, as Jobs suggests, the iTunes/ iPod market will expand itself to accommodate those Users who want to shop on iTunes Store but use other mp3 players [than the iPod] and further to customers who want to own an iPod but not necessairly shop on iTunes Store. The user base of iPod/iTunes will remain fairly steady (because,let's face it, it IS a superior product/ service experience). None others, in the industry, have come close to offering such a clean experience. Steve Jobs is probably right in suggesting that abolition of DRM should not affect the Records Companies adversely and that it may, in practice, stand to improve sales and customer satisfaction. In my [humble and not-so-business savvy] opinion though, it may only improve the sales only marginally but i do think it will be a positive trend for all. ~

  54. Violation, not theft. by Kadin2048 · · Score: 1

    preventing copyright theft

    For the record, what they're trying to prevent isn't copyright "theft," it's copyright violations. There's a difference. If you copy a CD and give it to your friend, you didn't steal the copyright from the record label who produced the CD, you violated it; they still have their copyright.

    It's the difference between trespassing (violating someone's right to enjoy/exploit their property) and swindling them into signing over the deed to their house (actually stealing their property).

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  55. Open Source DRM, a non starter? by Kadin2048 · · Score: 1

    Also, Chillout isn't the only open-source DRM project, Sun has (had?) their DReaM [wikipedia.org] initiative. But none of these attempts seem to be gaining any traction.

    I think it's unfortunate that this whole discussion has gotten hung up on the same old issues, because I was really interested in hearing about "open source DRM" in general. I'm glad you brought it up (even if it's now 2/3rds of the way down the page!).

    It seems to me, that such a thing can't possibly work. All currently extant DRM systems depend, fundamentally, on the difficulty of reverse-engineering and modifying binaries that are run on a user's system. If you had an open source, easily modifiable DRM system, it would be trivial to produce a cracked version of it that didn't actually enforce anything.

    I can't think of ANY OSS projects that include DRM, and I don't think it's just a political/belief issue. A while ago I remember reading some (heated) mailing list theads about one of the big OSS PDF viewers. I think it might have been xpdf, but don't quote me on that. Anyway, the PDF spec includes some very rudimentary DRM -- basically, "no print" flags can be set on files, which then tells the viewer not to let the user print it. It's impossible to really enforce, since you could just do some screen scraping and get the raster anyway, but it's there. The author of the PDF viewer, for reasons I never quite understood, felt strongly that the program should respect this flag. Many other people disagreed. The program was built with the restriction, but almost instantly was forked to add an option to ignore the no-print flag.

    I don't know what ended up out of that debate, and whether mainstream distros today use a PDF viewer that respects the no-print flag or not, but the point is that anyone who wanted to get rid of the no-print "feature" could do so trivially. If there was a big user demand to print "unprintable" PDFs, the software would be written, and it would be distributed, and that would be the end of it.

    So I don't see how you could ever make an 'open source' DRM system, as long as there are a lot of talented programmers out there who would defang it as soon as they got their hands on the source code. So you'd either have to radically alter the definition of 'open source,' or you'd have to convince a lot of people that such a scheme was a Good Idea, to make it work.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Open Source DRM, a non starter? by kripkenstein · · Score: 1

      So I don't see how you could ever make an 'open source' DRM system, as long as there are a lot of talented programmers out there who would defang it as soon as they got their hands on the source code. So you'd either have to radically alter the definition of 'open source,' or you'd have to convince a lot of people that such a scheme was a Good Idea, to make it work.

      You are 100% right, but you can look at the issue of DRM in another way.

      If DRM is meant to prevent ALL users from using data in some way (copying it), then an OSS DRM would not achieve that goal, as you say. However, how about the goal of preventing casual users from using data in some way. Casual computer users are (making up a number here) 90% of computer users. So this would still have a use.

      The remaining 'power-users' would have the source code, and would be able to modify it and circumvent the DRM, true. But the makers of the DRM might hope that the 'honor system' would stop most from doing so, and you know what - it might (if the entire system is more or less fair). Also, even if a few create a hacked DRM-less version that they give to casual users, the usual legal methods can be used against that. But even if they weren't used, most casual users would use iTunes from Apple and WMP from Microsoft, and not hacked versions of them, I am guessing.

      So, OSS DRM would be a compromise between the current DRM and no DRM. I am personally in favor of no DRM, but I might be convinced to support some form of OSS DRM, in theory - as I said, if the entire system around it were very fair.
  56. I take issue with some of his statements... by Qubit · · Score: 1
    Overall, Chiariglione writes very well and has some interesting ideas. But my approval of his ideas started to wane when I read this line:

    He recognises that a DRM (protection) system that is transparent to the user would be an advantage to them. After all the DVD's CSS does exactly that, were it not for the unfortunate "region code".

    No, Leonardo, the DVD CSS system is *not* transparent to the user, especially if you are using a Free Software operating system. I agree that the region-coding is sucky, and several multi-region settop boxes exist, but you didn't go far enough: the DVD CSS scheme (and the DRM schemes on HD-DVD and on Blu-ray) are NOT transparent to all users out there.

    Let's continue...

    The way to go is to have a standard system like GSM that anybody can practical [sic] implement
    Well I did some digging on the 3gpp FAQ and I think I found some answers (although if someone wants to correct me or do some digging, I'd be very appreciative.
    • The basic standards seem to be freely available (although their answer to this question is damn cryptic!): "Does a company implementing..have to pay any royalties..?", Answer: "[3gpp] is not a legal entity but a Partnership...between...standardization organizations in the field of telecommunications."
    • The GSM specs seem to include patents which are RAND (Reasonable And Non-Discriminatory) licensed. AFAIK, RAND licensing is incompatible with most Free Software licenses...

    So again, no, Leonardo. GSM is *not* an Open Specification that anyone can implement. It is encumbered with patents.

    Continuing, we have:

    do you think that we would have had the MP3 phenomenon without the MP3 standard or the billions of video files taken by cell phones - and shared - without the MP4 standard?

    Yes, I think that the "personal" music and video revolutions could have happened without the specific MP3 and MP4 standards. Having a standard enables people to share audio and video, true. But even if those standards weren't ones that were patent-encumbered (such as MP3 and MP4), the revolution would have taken place once the hardware (iPods, cell phones, digital cameras) were small enough and portable enough for people to take with them everywhere.

    It would be really hard to define a "one size fits all" DRM standard.

    Actually, I think it would be easy: Let people license their files however they want, but don't encrypt, watermark, or otherwise f*ck with the contents of the files. That is to say, take the "restriction" out of DRM.

    Leonardo Chiariglione sounds like a smart guy who is trying to work on creating international standards, and for that I applaud him. But I'd like him to go a bit farther and to make TRULY OPEN standards that anyone can implement, for any reason, on any hardware, without paying anything...that's what a standard should be -- not something locked down with encumbrances that prevent people from using it.

    --

    coding is life /* the rest is */
    1. Re:I take issue with some of his statements... by Teancum · · Score: 1

      In terms of open and truly free multimedia specification standards, I don't think you can get anywhere better than the PNG specification.

      The actual standard is free (as in beer and FLOSS), has some significant extentions that provide unique features found for nearly any other graphical format, and has a very open process to try and extend the specification... if you want to really take the effort to try and do so.

      The developers of the PNG standard were also paranoid almost to a fault about avoiding patent encumberance. As a result, it is one of the few graphical standards that can reliabily be used on GPL'd software without any fear of future retaliation by patent and copyright holders (the reference software was even released into the public domain).

      I would agree that the MPEG specification falls signifcantly short when compared to this kind of very open process that went into the PNG standard. While technically outstanding on a number of levels, the MPEG standard is something that is fraught with legal landmines almost everywhere that you step. Only MPEG-1 is something I would even recommend to people as something to legitimately try and implement... and that only because most of the major patents that cover the algorithms have simply expired due to how old the specification has become.

      If you are a for-profit company, you can get by with the MPEG-2 specs as the licensing terms aren't too bad for a commercial product, but you are absolutely correct that a GPL'd project that needs these specs to implement a Linux-based DVD player has to stick their necks out legally if they really care to develop anything using those standards. This is one reason why DVD-Video development on Linux, while not dead, is certainly severely lacking and lacks some of the best and brightest minds working on it.

  57. Why Software DRM is Mission Impossible by adah · · Score: 1

    Really Steve has explained in his article: I do not know why so many people can’t get it.

    In the current PC architecture, the video and audio cards expect non-encrypted data. That means, in order to feed data to it, you have to decrypt the DRM'd data in main memory and transer them to the video/audio cards. That means, it has to be crackable, esp. when DRM is done in the user land. When done in the kernel, it will be more difficult, but still you may be able to get all the data on the hardware interface or by hacking the kernel.

    That already implied two ways to ‘enhance’ DRM. You may choose to encrypt all the data going through the hardware interface, and you may choose to sign the kernel modules and use TPM to establish and chain of trust and verify the OS kernel. And you can do both. The second approach is quite difficult for general-purose OSs, but works fine for embedded systems (thus TiVo). The first approach is already used by Windows Vista.

    So as far as we are not talking about special DRM hardware, there is no such thing as open DRM. DRM cannot be open, and that is very nature. At least before the days when standardized DRM hardware are dominant....

  58. Just thought I'd join in praising GSM by goldcd · · Score: 1

    as it really is a much under-appreciated standard.
    I have a tiny little SIM card.
    I can shove it in practically any handset I want.
    People can dial a number and talk to me, practically wherever I am on the planet.

    Whilst you can bitch and moan about roaming charges and our fan-boy attachment to particular handset manufacturers, the just the basic idea of voice calls anywhere is amazing.
    Telephony was a breakthrough - but on a global scale took decades to rollout - and even now most of the planet doesn't have a copper connection to their abode. GSM like most technologies hasn't just expanded onto a subset of what went before it - it's claimed it's own larger footprint.
    Whilst I might have a warm feeling as my phone pops online at every airport I pass through, the image of a Maasai tribesman chatting on a Nokia handset in the middle of nowhere is quite simply amazing.
    If you randomly selected two people of the face of the planet and tried to work out the easiest and fastest way to get them to communicate, GSM would definitely feature.

    Just to come back ontopic, DRM is merely going to be a blip and it will go soon (for music at least). CDs aren't going anywhere. Whilst we have CDs, lossless 44.1kHz music will be available without DRM (both legally and illegally).
    The simple truth is that digital DRM gives the customer nothing currently. CD is the same price, CD can be ripped onto anything, CD isn't going to break when you install Vista, CD isn't going to vanish when your HD crashes, CD doesn't restrict my next portable player choice, CD gives you better quality and if iTunes indulges your instant gratification button - then limewire, torrent, nntp etc can all do the same for less.
    If DRM is to succeed, then it needs to give us something other than restrictions:
    Better sound quality than CD
    Streaming access on any client device I own
    Time limited access to next album from somebody I've already bought
    Basically there are unlimited options that could be given to me with 'digital music', but so far the best I've been offered is 'What you get from a CD + a load of restrictions'

  59. Hollow argument. by cabazorro · · Score: 0

    DRM is bad, period.
    It's the equivalent of a bible with a quarter slot. When the time runs out, the bible snaps closed.
    (yeah, I saw it in an old Simpsons episode..what was it? oh yeah! "Homer gets a gun" Hey perhaps Gun Control advocates should change their bill to "Gun Rights Management". Eat your hearth out, Karl Rove.

    --
    - these are not the droids you are looking for -
  60. Summary of the argument by Schraegstrichpunkt · · Score: 2, Informative

    Here's a summary of his argument:

    "DRM IS NOT BAD ... if you redefine "DRM" to include stuff like Creative Commons licensing and xpdf's implementation of the PDF permissions system."

  61. Software should be the example by Teancum · · Score: 1

    One thing that should be a glaring point to be made to almost all Hollywood and RIAAA studios is this simple thought:

    If preventing duplication of electonic content were so successful and could legitimately be enforced through technical means, it would be software development companies that would have the most successful and the most experience in trying to prevent the duplication.

    I see the motion picture and recording industry going through the same cycles of trying to protect their content that software companies tried nearly 30 years ago: Scrambing the content, requring special "hardware" keys, messing around with the distribution media format and more.

    If you look at a piece of software (distributed by somebody other than Microsoft), you will find that most software publishers gave up on the idea of trying to prevent software duplication decades ago. All it seems to accomplish except perhaps on the most exclusive and most expensive software packages is to piss off customers and push them onto their competitors.

    I would say the jury is still out on Windows Vista and how successful it will be with the incredible DRM restrictions. I've heard recurring problems with Windows XP where people with legitimate "licenses" are suddenly discovering that Microsoft has crippled their operating system, forcing them to buy yet another license even though they were assured that they had a completely legal version of XP from the store where they bought the computer. And it even worked for many months until the warnings poped up.

    In the long run, these attempts to control electronic duplication simply don't work. Instead, you have to put the duplcation of the software into your business model, and add services that would justify paying for the extra "seats" if you want to have people pay for each copy of the software/music/movies seperately.

    For movies and music, ease of distribution and quality of content are something that can be offered to be superior to something you would pull off of a P2P network, and would therefore be something of value that people would be willing to pay for. Blatant copyright violations can and should be dealt with as well... if copyright is even a policy that is even valued at all for society.

  62. Assistive technology by tepples · · Score: 2, Informative

    The difference is that nobody is being oppressed or killed because MS included DRM in Vista. People with disabilities are being oppressed because some (small business or non-profit) manufacturers of assistive input devices cannot afford to have their hardware drivers certified by Microsoft.