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An Open Letter on DRM To the Inventor of the Web, From the Inventor of Net Neutrality (boingboing.net)

Tim Wu, a law professor at the Colombia University, and best known for coining the term "net neutrality," has published an open letter to Tim Berners-Lee, the creator of the web and director of the World Wide Web Consortium (W3C). In the letter, Wu has asked Berners-Lee to "seriously consider extending a protective covenant to legitimate circumventers who have cause to bypass EME, should it emerge as a W3C standard." Cory Doctorow, writes for BoingBoing: But Wu goes on to draw a connection between the problems of DRM and the problems of network discrimination: DRM is wrapped up in a layer of legal entanglements (notably section 1201 of America's Digital Millennium Copyright Act), which allow similar kinds of anticompetitive and ugly practices that make net neutrality so important. This is a live issue, too, because the W3C just held the most contentious vote in its decades-long history, on whether to publish a DRM standard for the web without any of the proposed legal protections for companies that create the kinds of competing products and services that the law permits, except when DRM is involved. As Wu points out, this sets up a situation where the incumbents get to create monopolies that produce the same problems for the open web that network neutrality advocates -- like Berners-Lee -- worry about.

46 comments

  1. Does the W3C even matter today? by Anonymous Coward · · Score: 1, Interesting

    When we look at recent browser usage stats we see that Chrome has 50% or more of the market. Safari has about 10%, but it's mainly on mobile devices. Other mobile browsers like UC Browser for Android, Samsung Internet and Opera Mini are about 15%. IE and Firefox are both down to around 5% or 6%. Then there are various minor players.

    "Web browser" today means Chrome. If Chrome doesn't support some web technology, then it may as well not exist. If Chrome supports a technology, then Chrome's level of support effectively defines the standard.

    So what's the point of the W3C these days?

    Is it just to document how Chrome behaves, so the other lesser browser vendors can imitate it more closely?

    With such a lack of competition when it comes to web browsers, an organization like the W3C seems to be toothless. Before moz://a ruined Firefox's user experience for so many of its users, at least there was some competition. But that has evaporated.

    I don't see how the W3C can be anything other than a glorified documentation writer at this point. Maybe things will change in the future, but it seems unlikely to happen any time soon. Nobody else has been able to compete with Chrome in any meaningful way. The most likely competitor is Firefox, but it seems unlikely to turn its boat around soon. Users keep leaving Firefox, and their Servo effort is going nowhere.

    Things are looking really bleak for the web, and I don't think that there's anything that the W3C can do to help.

    1. Re:Does the W3C even matter today? by sinij · · Score: 4, Insightful

      It is possible to move away from Chrome, it is harder to do so from W3C.

    2. Re:Does the W3C even matter today? by Anonymous Coward · · Score: 3, Insightful

      When we look at recent browser usage stats we see that IE6 has 90% or more of the market. Safari has about 0%, becase it doesn't exist yet. Other browsers like Netscape Navigator Gold exist I think.

      "Web browser" today means IE6. If IE6 doesn't support some web technology, then it may as well not exist. If IE6 supports a technology, then IE6's level of support effectively defines the standard.

      So what's the point of the W3C these days?

      Is it just to document how IE6 behaves, so the other lesser browser vendors can imitate it more closely?

      Things are looking really bleak for the web, and I don't think that there's anything that the W3C can do to help.

    3. Re:Does the W3C even matter today? by Anonymous Coward · · Score: 0

      Nobody else has been able to compete with Chrome in any meaningful way.

      That's so weird because Netscape, as old as it is, still has them all beat by far. And it is most stable in every way, including (especially!) the interface.

      You can't go wrong with Netscape. It has always been and still is the best.

    4. Re:Does the W3C even matter today? by Anonymous Coward · · Score: 0

      I know you didn't intend to do it, but you actually just inadvertently proved the GP's point! IE did have far more influence on the state of the web today than the w3c had during the same time period. That's exactly the point the GP was making: it isn't the w3c that sets the direction of the web, it's the web browser with the majority share of the market when one is in that position. While the w3c was dicking around with XHTML and other long-forgotten standards that were never much adopted, IE was giving us technology that we still use today, notably AJAX. Even the minor browsers have more of an influence on the direction of the web than the w3c has. WebKit gave us the canvas element. Opera gave us the video element. What did the w3c do? They pretty much just described such things after the fact! The w3c is a follower, not a leader.

    5. Re: Does the W3C even matter today? by Anonymous Coward · · Score: 0

      Why is that comment at -1? It's perfectly correct. W3C didn't come up with JS, Ajax, and lots of other web tech we use today. The browser vendors invented it and then W3C wrote some docs about it.

    6. Re:Does the W3C even matter today? by WolfgangVL · · Score: 1

      Weird, I can't get webcrawler.com to load. I better disconnect and redial my ISP, but I'm not sure if my AOL is having problems today, or if its just those damn kids that keep picking up the phone!

      --
      You are being ripped off every second of every day, so that advertisers can help rip you off even more tomorrow.
    7. Re: Does the W3C even matter today? by Anonymous Coward · · Score: 0

      It's easy to move away from W3C. The four major browser engine vendors [Google, Apple, Microsoft and Mozilla] just need to ignore them. That's much easier than getting Chrome's billions of users to switch to a different browser.

    8. Re:Does the W3C even matter today? by Anonymous Coward · · Score: 0

      "Web browser" today means Chrome. If Chrome doesn't support some web technology, then it may as well not exist. If Chrome supports a technology, then Chrome's level of support effectively defines the standard."

      Funny when this was the case:
      "Web browser" today means MS IE. If MS IE doesn't support some web technology, then it may as well not exist. If MS IE supports a technology, then MS IE's level of support effectively defines the standard.

      People were complaining there were no standards or MS IE wasn't playing fair by refusing to support what others thought the standards should be.

      People against DRM are the people who like to dictate how much someone should charge for access to their original creative content. I shouldn't have to pay to download music! I shouldn't pay to download movies? I shouldn't have to pay for any other type of original content!!And if I do have to pay anything I will set the price not the creator. Isn't funny how the prima donna ass wipes who only take from society feel entitled to dictate the terms and conditions they are willing to allow others to have but then turn around screaming about someone infringing on their rights. DRM = DIGITAL Rights Management. Just because the rights pertain to electronic format does not remove rights from the creator.

    9. Re:Does the W3C even matter today? by Anonymous Coward · · Score: 0
    10. Re:Does the W3C even matter today? by Wootery · · Score: 1

      The w3c is a follower, not a leader.

      But that doesn't make them pointless. Far better to have a curated standard than scattered innovations from different browsers.

    11. Re:Does the W3C even matter today? by Anonymous Coward · · Score: 0

      Chrome is a fucking joke. Use a real browser.

  2. Violence by sinij · · Score: 0

    If there is a case for supporting DRM, then clearly there is even better case for embedding support for violence. For example, someone moderated your post on ./ at -1? Use

    <a violence={moderation != +1}> Kaaapoow! </a>

    in your post.

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

      Or just call their mother a whore.

  3. Legit concerns but... by 605dave · · Score: 4, Insightful

    These are legit concerns, but they will never win the argument. Yes the example given is the problem with DRM, but it is so specific that there will be no mass uprising to protect it. And having DRM built in does scare me. Imagine not being able to take a screenshot of something on a webpage, or being prevented from copying text from an article. All of this could be done with DRM.

    That being said I am hoping we have enough of an open browser system now to avoid the chokepoint issue. There are several open rendering engines that browsers can use, so there will always be an alternative to the IE problem. Those browsers can support DRM while still insuring the rest of the web stays open. In a way I think the market will show that DRM taking over the web won't work. It's tolerated on videos because everyone came to the same conclusion as Tim.

    --
    Be kind, for everyone you meet is fighting a difficult battle. - Plato
    1. Re:Legit concerns but... by sinij · · Score: 2

      From the technical point of view, this DRM effort is doomed. The client is in the hands of the enemy, so DRM effort is dead on arrival. Therefore, this is about legality - not about what can be done, but about what is legal to do.

    2. Re:Legit concerns but... by Anonymous Coward · · Score: 0

      there will always be an alternative to the IE problem.

      We don't have an IE problem anymore; we have a Chrome problem.
      Despite the fact that it doesn't come preinstalled (and it's not even in the repos for crying out loud!) Chrome is #1 by a long shot.
      I used it only during the period when you had to to stream Netflix, but most people seem to prefer it.
      Whatever Chrome does is what you find on the Web. That will change eventually, but right now we can't see when or how.

    3. Re:Legit concerns but... by Rhipf · · Score: 1

      Part of the reason that everyone is using it is that it gets side loaded by so many other software installers and then sets itself as the default browser.

    4. Re:Legit concerns but... by Anonymous Coward · · Score: 2, Insightful

      Problem is: people were making that same argument about game based DRM, and some console DRMs were decades before they were cracked, even with the hardware "in the hands of the enemy".

      And even if it is, that quickly gets too complex for 99.999% of people, who will be bound by whatever the DRM wants.

      This isn't about media files. It's about who gets to control the local machine. It's always been the end user. We're now seeing a grab over that power.

    5. Re:Legit concerns but... by aevan · · Score: 1

      Or you go to say, Gmail, and are told 'your browser is out of date, you should update to Chrome, it's so much better'.
      "If Google says it, it must be true" is a mantra in a lot of (older) people's heads.

    6. Re:Legit concerns but... by Anonymous Coward · · Score: 2

      And even if it is, that quickly gets too complex for 99.999% of people, who will be bound by whatever the DRM wants.

      So they turn to piracy. DRM is a hassle, and piracy makes the hassle be someone else's problem.

      And if you've tried pirating in the last few years, you probably know by now that it's no hassle at all. Piracy is the easiest thing to do; easier than paying. If people had to pay more (instead of less) to pirate, they'd do it. The players are nicer, the UIs are better, the selection is wider, and you have everything all treated the same; no "app" for this and another "app" for that.

      Piracy is just an educational problem, at this point. (Well, and there's that whole law thing too.)

      Teach someone to pirate this weekend. Let this coming Monday be another big "unsubscribe" day for pay TV/movie services. Let everyone know that if a company uses DRM, they're customers "fuck off, stop paying us."

      "EME" == "Even Money is this company's Enemy"

    7. Re: Legit concerns but... by Anonymous Coward · · Score: 0

      Chrome is the best browser for the majority of people today and I say this as a diehard FF fan who hates Chrome. It's faster and lighter than FF. It's better supported by sites. It's less confusing to use than FF. The only thing FF does better is addons but it will lose that advantage soon with FF 57 moving to Chrome-like extensions. Average people should be using Chrome. I will probably reluctantly switch to Chromium once FF 57 ruins FF for me.

    8. Re:Legit concerns but... by Altrag · · Score: 1

      There's an enormous difference between console DRM and PC DRM -- the console DRM was built into the hardware. Unless this new standard somehow forces computers (including all pre-existing computers) to include/install a hardware chip of some sort, the cracking potential is significantly easier.

      Heck even with some sort of hardware dongle, PC cracking is significantly easier as the post-DRM output still goes through unsecured parts of the machine. That was the problem the whole "disk-to-screen" DRM system the MPAA was pushing a decade or so ago had. We got secured HDMI connections which allowed purpose-built bluray players and the such to be reasonably secure, but as soon as the first software bluray decoder was released its game over (never mind the kind of hardware hacks that were still possible like capturing the pinouts on the way from your TV's processor to the actual LCD panel and whatever other goofy things the smart hackers came up with.)

    9. Re:Legit concerns but... by Anonymous Coward · · Score: 0

      And having DRM built in does scare me. Imagine not being able to take a screenshot of something on a webpage, or being prevented from copying text from an article. All of this could be done with DRM.

      And yet even with a DRM protected video stream that is possible. Nevertheless, wouldn't an introduction of generalized encrypted blocks be useful way beyond the specific application of DRM?

    10. Re:Legit concerns but... by Anonymous Coward · · Score: 0

      We have lots of encryption. It doesn't depend on DRM.

    11. Re:Legit concerns but... by Anonymous Coward · · Score: 0

      DRM is a mechanism to help content creators release their work on their own terms. If I create some original content it is entirely up to me to decide how I want to distribute my content and what the terms of use are. If you do not agree to my terms than don't purchase and download my content. If nobody buys my content because of DRM I can always change my terms later. But I would never let somebody else dictate terms to me. And just because you can defeat the DRM and download the content doesn't mean it is OK to do so.

  4. And... by DulcetTone · · Score: 1

    What is Berners-Lee going to do? Incorporate these changes into his next release of the interwebs?https://tech.slashdot.org/story/17/04/28/1533207/an-open-letter-on-drm-to-the-inventor-of-the-web-from-the-inventor-of-net-neutrality#

    --
    tone
  5. can't wait! by Anonymous Coward · · Score: 1

    I for one cannot wait for the DRM standard to be expanded to cover the entire contents of web pages, so it becomes extremely difficult to block advertising, trackers, web-asm based malware, or do something as simple as "right click" on an image and "save as".

    Fun for all!

    Captcha = boycott

  6. We'll all be anxiously awaiting by Anonymous Coward · · Score: 0

    Al Gore's response

  7. "inventor of net neutrality" by Anonymous Coward · · Score: 0

    Aaaand the concept of equivalence is dead.

    One dude: invented and then gave away the rights to a set of legit improvements that changed the nature of life on earth quite profoundly.

    Other dude: chose two words to describe common practice.

  8. DRM and Public Domain by Anonymous Coward · · Score: 0

    Let's say a teacher or book publisher depends on accessing public domain materials, such as are widely available on the web, but for whatever reason those materials are being locked, by default, by EME -- so that the freedoms even afforded by copyright become unavailable, including use of public domain works or fair use.

    He talks about this as a problem, but I'm thinking: I really hope something like that happens.

    DMCA defines circumvention as bypassing(,etc) the technological measures that limit access, without authorization from the copyright holder. Furthermore, there's a lot of language about its various provisions applying to "a work protected by this title," where "this title" means copyright.

    That excludes PD.

    If a PD work is DRMed, then it is not a violation of DMCA to break the DRM protecting that PD work. Nor is it a violation to manufacture, traffic, market, offer to the public (etc) tools that break that DRM.

    If someone applies DRM to PD materials, they are effectively removing DMCA prohibitions to that entire DRM scheme. Had someone someone applied CSS to a DVD containing a PD movie, that would have legalized breaking CSS. That would have legalized non-DVDCCA-sanctioned DVD players, too. (Or at least partly. There's that whole "primarily intended" thing, but it'd still be a great weakening.)

    (There's another angle involving copyright holders voluntarily authorizing the breaking of DRM too, but I won't go into that.)

    [aside...]

    This is why there can never be a DRM standard. (Never, at least, unless DMCA gets rewritten.) If there were a standard, people would apply it to a bunch of PD works, and then it would legally be open season on that standard. DMCA's prohibitions would not apply.

    Alas, the fact that there will never be a standard, is also why every publisher is going to want their own EME module (so that a competing publisher, or any other party, won't be able to apply compatible DRM to other works which allow the DRM's defeat), and users are going to need to get into the habit of installing many, many unaudited and unauditable proprietary EME modules, which I'm sure are going to want high privs.

    This is going to be one of the greatest malware vectors, ever. The Internet has not seen malware yet, on a scale that the pro-EME people are advocating.

    And unlike "install this codec to watch this video," 99% of the time it will be "legit." (As legit as DRM can be, at least.) So the malware authors are going to have lots of cover, and you won't be able to train users "don't do that" since they really will need to do this incredibly unsafe thing, on a routine basis.

    There are lots of reasons that EME is a bad idea, and that's one. You shouldn't be making people install weird software, just to watch a video. Watching videos in browsers is not worth that, Tim! You're compromising because you think the goal is worth it, but it's not!

  9. No net neutrality creates stable economy by Anonymous Coward · · Score: 0

    Look at it this way, without net neutrality Facebook and Twitter would need users to pay subscriptions for better service. Then they would actually be worth billions of dollars, instead we get bubble companies who drained retired people bank accounts, and will be poor when bubble bursts.

    At least no net neutrality rids us of free services a little more.

  10. "Columbia" not "Colombia" by MightyMait · · Score: 1

    "Tim Wu, a law professor at the Colombia University"

    Pretty sure Tim Wu is a professor at Columbia University, not "Colombia" university. "Columbia" is the personification of the New World, while "Colombia" is a country in South America.

    --
    Nothing interesting to say...MUST...NOT...REPLY...ohtheheckwithit.
    1. Re:"Columbia" not "Colombia" by MightyMait · · Score: 1
      --
      Nothing interesting to say...MUST...NOT...REPLY...ohtheheckwithit.
  11. Doesn't matter by Merk42 · · Score: 1

    Why do people think that if there isn't a standard for DRM, that websites won't use DRM at all?
    All it means is that websites will write their own version, some already have.

    1. Re:Doesn't matter by Anonymous Coward · · Score: 0

      It will surely turn out that Mr. Wu is in fact a Microsoft lobbier who tries to prevent OSS users having access to protected internet media, the present and the future of television. ;) Such schemes should depend of the strength of the encryption instead of the access to the source code.

  12. I'm not worried by WolfgangVL · · Score: 1

    Universal Embedded DRM would kill the social networks dead overnight. Just watch the titans fight it out. If the social networks lose, you can always spin up your own site with no DRM, standardized or not. Just be prepared to pay the new ISP toll.

    History has proven over and over DRM is not a long term solution to anything. I'm kinda looking forward to the cat-mouse-mouse games between the rights-holders, social networks, and users. Maybe I'll make a few bucks "modding" browsers.

    I swear, every couple of years, some new oppressive rights management shit sneaks onto the net, lives a few months, and dies. Unbroken DRM is like a target that only gets bigger with time.

    --
    You are being ripped off every second of every day, so that advertisers can help rip you off even more tomorrow.
  13. Seems to think W3C writes the law or something by raymorris · · Score: 1

    It's not at all clear to me what the author is asking Berners-Lee and W3C to do. The issue he brings up is a concern with a particular law. W3C doesn't write the law. Html EME defines a technical interface for "if you want a browser to use an encryption module, here's the code to declare that". It doesn't, and can't, effect any law in any way I can see.

    1. Re:Seems to think W3C writes the law or something by Anonymous Coward · · Score: 0

      What can he do? W3C can not make DRM part of the standard. Job done.

  14. Open Letters by Anonymous Coward · · Score: 0

    Have open letters actually had any effect? Seems just like a fancy term for web log post. When does a web log post become an open letter, when the news wire picks it up and it gets posted to a news site?

  15. how long until open source DRM free browser? by Anonymous Coward · · Score: 0

    How long until we can expect an open source DRM-free browser to come out? Or will websites deny browsers that don't have DRM? Or will our non-linux OSs make sure that you can't run a DRM-free browser?

  16. Single target. by Ungrounded+Lightning · · Score: 1

    All [no standard] means is that websites will write their own version, some already have.

    Indeed.

    Also: In the race between weapons and armor, weapons always (eventually) win.

    By creating a standard and getting the bulk of the "content providers" to adopt it, the WWWC creates a single big target that leads to breaking MOST of the DRM simultaneously. Meanwhile, content providers are left with the choice of getting behind the big target or being non-standard.

    Which is fine: Like WEP, or a locked screen door, DRM won't protect things forever. But, like a "No Trespassing" sign, it DOES indicate INTENT forever. Intent of the content provider to limit access, and intent of the unauthorized content viewer to bypass that limit. That takes the "I didn't mean to do it." defence away, and gets any legal cases down to examining whether the poster of the No Trespassing sign had the right to limit the access and/or the crosser of the boundary had a right to obtain access.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  17. There's no single target. by Anonymous Coward · · Score: 0

    There's only a definition that you HAVE to support DRM calls in your browser and obey them. The DRM is not standard, not a single target, not even defined vaguely. EVERYONE will have their own DRM and instead of two or three variations on flash and a binary bitstream, there will be one for each and every publisher and it will change every three years or so, and you'll have to keep the old one installed.

  18. DRM vs. Encryption and W3C Responsibility by Anonymous Coward · · Score: 0

    From a standards perspective--the only perspective the W3C should concern itself with--what differentiates DRM from encryption or any other enabling technology standard? Yes, DRM is a messy legal construct, but why should the W3C concern itself with that, particularly when there's no global legal standard?

  19. rms explained why the W3C can't ditch DRM by jbn-o · · Score: 1

    Richard M. Stallman (rms, widely known as the founder of the GNU Project and frequent lecturer speaking for software freedom, the freedom to control one's computers by having the freedom to run, inspect, share, and modify the code they run) explained why the W3C can't get away from DRM ("digital handcuffs") starting around 11m40s into the interview. Around 15m16s rms pointed out why the W3 is structurally incapable of challenging DRM:

    He [Tim Berners-Lee] should handle it by saying 'no' but he can't, really, and the reason is he set up an organization by the businesses that want to put in the most money. And that basically tells Hollywood, "Here's your opportunity! Turn us into your tool!". That's what the W3 has become: a tool for the businesses that will pay it the money."

  20. Just fucking can the Web already by Anonymous Coward · · Score: 0

    Let's ditch the Web, it's done. Corporations have ruined it with their greed. I propose we use a simpler protocol: gopher. It needs to be wrapped in TLS or something if we want to be more secure, but gopher is simple enough that the most they can get from you is your IP address.