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Free Software Foundation Challenges Tim Berners-Lee On DRM (defectivebydesign.org)
Slashdot reader Atticus Rex writes: On Monday, W3C (World Wide Web Consortium) director Tim Berners-Lee released a post defending his decision to allow Netflix, Microsoft, Apple and Google to enshrine DRM in Web standards, arguing that blocking it would be pointless. Zak Rogoff, FSF campaigns manager, writes in the response:
"As Director of the W3C (World Wide Web Consortium), Berners-Lee has the ability to block [the DRM proposal] from ratification as an official Web standard... Of course, a refusal to ratify could not immediately stop the use of DRM, but it could meaningfully weaken the position of DRM in the court of public opinion, and put EME proponents Netflix, Microsoft, Apple, and Google on notice that a very prominent figure was willing to stand up to them on behalf of users. Changes in society's technological infrastructure require political movements, not just technological arguments, and political movements benefit greatly from the support of prominent figures."
Berners-Lee takes the position that "The web has to be universal, to function at all. It has to be capable of holding crazy ideas of the moment, but also the well polished ideas of the century. It must be able to handle any language and culture. It must be able to include information of all types, and media of many genres. Included in that universality is that it must be able to support free stuff and for-pay stuff, as they are all part of this world.
"This means that it is good for the web to be able to include movies, and so for that, it is better for HTML5 to have EME than to not have it."
"As Director of the W3C (World Wide Web Consortium), Berners-Lee has the ability to block [the DRM proposal] from ratification as an official Web standard... Of course, a refusal to ratify could not immediately stop the use of DRM, but it could meaningfully weaken the position of DRM in the court of public opinion, and put EME proponents Netflix, Microsoft, Apple, and Google on notice that a very prominent figure was willing to stand up to them on behalf of users. Changes in society's technological infrastructure require political movements, not just technological arguments, and political movements benefit greatly from the support of prominent figures."
Berners-Lee takes the position that "The web has to be universal, to function at all. It has to be capable of holding crazy ideas of the moment, but also the well polished ideas of the century. It must be able to handle any language and culture. It must be able to include information of all types, and media of many genres. Included in that universality is that it must be able to support free stuff and for-pay stuff, as they are all part of this world.
"This means that it is good for the web to be able to include movies, and so for that, it is better for HTML5 to have EME than to not have it."
But EME are not a standardized form of DRM. With EME you don't get a standard platform that anyone can implement in order to watch DRM-protected media. EME is a standardization of HTML hooks that allow portions of a web page to be decoded by a closed source, proprietary, non standardized binary plugin, that the content provider will choose. The difference from the past is that before EME, publishers would force you to install their proprietary plugin. With EME, they'll force you to use the proprietary browser (Chrome) or operating system (Android) that they think will prevent you from downloading their stuff. It's arguably even worse than the Sony rootkit, because you can be forced to use an operating system that has no root access for you but is safe for them. And since the proprietary plugin will not even need to be installed, because it will most probably come built-in with the browser or the OS, content providers will have even less disincentive to make use of it.
I would happily support DRM that actually cared about customers' rights. I want the guarantee that, like physical media, DRM-protected content will be available in the far future. Blu-ray already fails this test, and I only purchase Blu-rays to strip the DRM and save a long-term format. I want the ability to gift, loan, or sell any media that I possess the rights to. I don't want to possess merely a ticket which grants me admittance to content for a limited time, under limited conditions, subject to the dissolution of whatever producer, licencor, or operator manages the DRM scheme.
Because piracy has absolutely no effect on 99% of customers I am fairly certain that what content producers/licencors truly fear is "casual piracy" and fair use like loans and libraries where market forces drive the resale cost of digital media down to its natural price in the free market.
It's perfectly natural to resist inferior DRM schemes by refusing to make them standard. If you want me to support an open DRM standard then it needs to be capability based with normal customers like you or me represented as first class owners of those capabilities and implement a durable scheme for transfer of those capabilities into the indefinite future.
For example, consider a ownership-based scheme where producers issue N digitally-signed capabilities to a particular copyrighted work and sell them to customers on an electronic marketplace. Bitcoin has proven that it's possible to maintain a globally consistent transaction ledger of ownership of individual tokens, and a much cheaper implementation could maintain ownership and facilitate programmatic transfer of capabilities to digital works (to support sales, gifts, and even temporary loans) because the marginal value of acquiring more than one capability to the same work is zero and so there will be little need to spend gigawatts of electricity maintaining the blockchain against adversaries. The copyrighted work doesn't even have to be encrypted. Just make standards-compliant devices/software require current ownership of a capability to use the work. Yes, this is an easily defeated scheme for pirates, but so is every other DRM scheme. At least this respects individual property rights, the first sale doctrine, fair use, and libraries for the vast majority of users.