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Criminalizing The Consumer - Where DRM Went Wrong

][nTrUdEr writes "The Economist has posted an editorial on how DRM has gone wrong. What ostensibly began as a tool to ensure artists received due compensation for their work has been turned, and now criminalizes the consumer for wanting to use what they have purchased. 'Despite the number of iTunes downloaded for a fee, Apple would be in trouble if people were prevented from transferring legitimately owned CDs to their iPods. The software Apple gives away to iPod customers is designed to let them do just that. Most people think it ludicrous that they can't do the same with the DVDs they own. Now it seems, despite squeals from the movie industry, the law is finally moving in the video fan's favour. The issue in the recent case was whether Kaleidescape, a maker of digital "jukeboxes" that store a person's video and music collections and distribute the entertainment around the home, had breached the terms of the DVD Content Control Association's CSS (content scrambling system) license.'"

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  1. The problem by palladiate · · Score: 5, Informative
    The problem with DRM is the introduction of scarcity into a scenario where there is no natural scarcity. Current economic models such as communism, socialism, and capitalism exist only to handle the efficient or fair distribution of scarce (limited) resources. They have no mechanism for handling goods where there will never be a scarcity. The degree on my wall that says Economics tells me I should know more about this than most people, but I think most everyone understands the problem, even if they can't put it into words.

    I usually explain the current problem with reconciling creative incentive with no natural scarcities as a fable. Imagine a berry bush that has very, very tasty berries, but is excruciatingly difficult to grow. The farmer has to spend hundreds of man hours raising the bush, and cannot hold another job while doing so. The owner of the bush decides to hire 5 armed men to guard the bush, and sell baskets of berries for 5 dollars a piece, until they are gone. We call this capitalism. The owner pays for the cost of raising the bush and the guards, and profit goes towards his livelihood. If there were no guards, and looting of the bush happened, the owner is out of a bush, economic opportunity, and probably a livelihood. Looting causes an inefficient distribution of resources. Communism would look similarly, but the farmer would have doled out the berries equally to who wanted them, for the cost of a generally collected (taxed) stipend, from everyone who did and did not want them.

    Now, imagine if that bush never ran out of berries. Sure, people might get tired of the berries, or they might not like berries. But you get two interesting problems. First, if the farmer keeps selling berries, he makes unlimited money. That drops his costs to nearly zero. Second, if he's looted, he is not out of berries to sell. He is only out of the opportunity to sell the berries. Capitalism doesn't protect your demand, only the physical property you have to sell. Sure, eating gobs and gobs of berries means that those people are now full on berries and have no interest in buying, but maybe everyone didn't anyway. Law does not regulate demand.

    The farmer who owns the unlimited berry bush does not need guards to prevent the stealing of property, he needs them to protect his demand. If he left the bush unattended overnight, he does not lose property, he only loses demand. If modern capitalism is to be remodeled to include protection of demand, you quickly find that you can't write a negative review of a product, or change your tastes, as well as similar problems, since you have damaged demand for a creators product.

    And this is the problem with DRM. DRM are the armed guards at the unlimited berry bush. This is NOT the most efficient method of distribution. The most efficient method would collect enough money for farmers to have incentive to grow a bush, but would not prevent the widest distribution of berries possible (everyone who wants one). Plain and simple, no current economic model satisfies perfectly.

    You can make arguments that theater seats are a scarcity now, and good movie experiences can be used to generate profit and motivation. But when the day comes of very, very cheap home theaters, you have to shift the model again. Concerts are better, and could save the music model, but apart from plays, this is really a difficult problem for big-budget movies. Not allowing unlimited distribution is very inefficient, as is not compensating the creator. Truly, it's a curse of riches.

    There, you get a class lecture for free, without DRM.

  2. Re:The Economist... get it by grcumb · · Score: 2, Informative

    Politically [The Economist is] "liberal" in the traditional sense of the word (i.e. slightly right wing and think the government should keep out of our lives)

    No offense, but: You need to get out of the US more often.

    The Economist's research and analysis is the best in journalism today, but its editorial stance is most decidedly not liberal. It has little tolerance for many of the things liberalism holds dear, and if anything aligns more with centrist conservative philosophy than anything else[*]. That said, they do occasionally see the value of government intervention in things, but if that's how you define liberalism, then... well, you need to get out of the US more often. 8^)

    [*] I am sure, by the way, that the editors of the Economist would not admit to any political philosophy except a shrewd and realistic appraisal of the world as it exists today.

    --
    Crumb's Corollary: Never bring a knife to a bun fight.
  3. Re:The Economist... get it by wwwojtek · · Score: 4, Informative

    I don't think you understood what he said - by all means, the Economist is "liberal" in the traditional (or European) meaning of that word, it is hardly the same thing as what "liberal" means in the U.S.

  4. Re:The Economist... get it by MosesJones · · Score: 2, Informative

    It would be hard to get myself out of the US more often.... I live outside of the US and my definition of liberal is of the economic and personal kid.

    They regularly describe themselves as liberal in the editorials and articles, particularly around individual's freedom and economic policy. Basic tennets of liberalism match pretty well to what the economist stands for IMO. This isn't woolly liberalism of a wet blanket kind, its the direct "torture is wrong, restriction of liberty is wrong, government interference with economies almost always goes pear shaped" kind.

    Maybe you might need to read the Economist a bit more :)

    --
    An Eye for an Eye will make the whole world blind - Gandhi