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Is Copy Protection Needed or Futile?
Hugh Pickens writes "Columnist Saul Hansell is hosting a debate about copyright issues and technology on his blog at the New York Times . On one side Rick Cotton, the general counsel of NBC Universal, says that anyone who is intellectually honest must 'acknowledge, confront and speak to the tidal wave of unlawful, wholesale reproduction and distribution of copyrighted content that is currently occurring in the digital world' and that we should be 'identify workable, flexible and effective approaches that reduce piracy without being intrusive and that fully respect other interests such as privacy and fair use.' Tim Wu, a professor at Columbia Law School, responds that 'locks will be broken, and so a business model that depends on locking is very vulnerable' adding that locks may form a part of certain successful business models but 'too much reliance on locking can seriously backfire.' Wu and Cotton will respond to each other and to comments by readers today." As for the man on the street, Panaqqa wrote us with word that the Question Copyright site has posted an interesting video of ordinary people explaining why they think copyright exists. It's pretty clear that most people don't understand it at all.
Are the two options mutually-exclusive? Ask the PC Games industry whether copy protection is needed or futile. It's needed because retailers/publishers won't sell the game without it. It's mostly futile for the obvious reason (although I'm sure it snags some casual copiers.)
A more interesting question would be to ask a PC game maker if they'd release their game with no copyright, if their publishers/retailers allowed them to. Right now, they have no choice-- given the choice, which would they make?
Comment of the year
The problem with DRM is that the copyright holders want it to be a magic bullet to control exactly how a product is used by the consumer. Unfortunately for them, the consumer usually has a different idea of what they want to do with their own legitimately purchased products.
The Media companies need to understand that what they really need to focus on is getting customers to pay for the song. How they get it should be device agnostic -- a download, a CD, recorded off the air, etc. Once the "license" for that song is acquired, the consumer should be legally entitled to do whatever they want with it, including (but not limited to) space shifting, time shifting, remixing (for non-commercial use), transcoding, and demonstration.
While I don't agree with "file sharing" in a general case as a legitimate practice anymore (I think enough legal alternatives exist) the litigation-happy companies going after every last dime because someone ripped a legally purchased song into an MP3 that's on their iPod, desktop PC, Laptop PC, car CD changer, digital picture frame, gaming console, playing in the background of a youtube video of their kids, and their cellphone ringtone. Technology has made media accessible EVERYWHERE, and the rights of the consumer to use it as such should outweigh the nickle-and-dime dreams of the RIAA.
Car locks, home locks, e-mail accounts, and computer firewalls all differ greatly from media DRM in (at least) one important way:
Not one of the security models used in his analogy depends on giving the key to the potential attacker. With media DRM you are given a restricted format and an obscured key to unlock it. This is its weakness, and has no corollary with the examples he gave.
Two - in the case of car and home locks - deterrence is enough. I don't need to secure my house against a perfect thief, unless I have the Hope diamond in my bedroom. I only need to secure my home better than my neighbor does. Even securing my house well enough to change the risk:reward or difficulty:reward balance is enough to greatly reduce the chances of a break-in.
No matter what the medium, service, or object, there has always been piracy, and always been people who will copy anything.
Counterfeiting is big business. As are knock-offs of Gucci and Chanel.
I've been using computers for nearly 30 years now, and since the day I started programming, I've seen piracy. In fact, I'm having a hard time coming up with an example of any protection scheme that hasn't failed. From early software anti-copying measures, to serial numbers, to DRM, to DVD encryption, its all failed miserably to stop the determined.
I've often wondered what the actual cost of these measures truly is to the companies that use them. If they create them internally, there's the development cost. If they license them, they end up paying per-use, I would guess. Either way, it seems to me that this is one of the ultimate excersizes in futility. I've often wondered if this was due to stubborness or simply stupidity. Either way, it ends up being a burden to the legitimate user, and hasn't, as far as I can tell, stopped the illegitimate users.
Take copy protection. When I was a 13 year old using an Apple IIe, everyone I knew was pirating software. We did it because there was no way we could afford to buy it, for the most part. While I acknowledge it was stealing, at the end of the day, it wasn't a loss, because we wouldn't have done it if we could a) afford it, or b) live without it.
So what did copy protection accomplish? It simply stopped people who bought it from making backups of legitimately purchased software. I remember once when I school I went to had a bad drive, and through stupidity ended up destroying multiple copies of AppleWorks trying to get it working on a machine. A "friend" of mine attempted to make duplicates of legitimate software so they had enough to go around for classes. Because of the copy protection, he ended up using cracked software to make copies so they could teach class for the two weeks it took to get Apple to acknowledge they owned the software and to ship it out to them.
As far as my own personal views, I can see the motivation for someone who is young and poor to make illegitimate copies of digital property. Mainly because you can't afford it. I know a few years ago, $20 made a differenc between eating or not. I sure didn't have it to spend on (software, CD's, etc.).
Now, however, I buy what I need to use. When I could afford it, I went and bought CD's to replace all the cassette copies of my favorite bands. I can afford it, and I recognize that if my favorite (artist, author, software company) doesn't sell their work, they won't make more for me to enjoy. Could I suck down my favorite albums off a Torrent? Sure. But I don't have a single desire to do so. I want that struggling band to sell enough CD's that they'll make the next one.
So, does any sort of copy protection benfit anyone at all? Maybe the guys who write/license it.
But everyone else loses, in the end.
Hopefully the negative feedback inherent in this system will rip it apart. One can only hope.
Bill
How about proposals that don't destroy our physical property rights? Stop telling people what they can do with their DVD players and computers, and we'll have more respect for your copyrights. Our physical property rights are the result of centuries of common law and culture. They should get primacy over intellectual property rights because they are a tradition that has been with us, and worked for us, for far longer than intellectual property has been around.
You need to tell people what rights they don't have so they don't violate the law without being put on notice.
However, copy protection is wrong if for no other reason that you may interfere with a person's lawful right to copy.
Books do this quite well: They have a notice inside that says "copyright... all rights reserved." Most books can be copied with a regular photocopier.
One thing books do not do right:
Many do not alert you that you do have certain fair use and other rights.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
I've recently been recovering data from some 20+ year old Commodore 64/128 disks (mostly interested in old papers). They were written using the word processors of the time, and can't really be recovered without them. I still have the old disks, and for the most part the data is still fully readable. I legally purchased the word processor many years ago, and still have the disks. My methodology was to recover the data to a modern PC running linux to an image file, and then run the word processor off an image file using an emulator.
Of course, I was thwarted by the copy protection on the disks. I couldn't get a proper image of them because of it. I wound up having to find a cracked copy of the word processor on some website (which took me all of 20 minutes to find using Google), and can recover my old papers perfectly.
It's very amusing to me that the CRACKED version of the software is actually more valuable to me than the non-cracked version. Re-buying the software (even if it was available) is useless to me, as I can't run it on an emulator, and thus transfer the data to somewhere useful.
This may seem like a special case.. but I don't think so. Even 20+ years later I can STILL get the cracked, pirated version of the software. The software was cracked many years ago, so it didn't really prevent much of anyone from getting it if they wanted to. I suspect if I had used a proper C64 copy utility I'd have been able to copy the disk anyway. The only thing it prevented was ME, the guy who bought the software from using the product as intended.
AccountKiller