Too bad you can't just grab a tree by the very tiptop and bend it clear over the ground and then let her fly, because I bet you'd be amazed at all the stuff that comes flying out.
-Deep Thought of the day by Jack Handey

WTF Engadget?
Thursday June 23rd 2005, 5:37 pm
law,stupid,technology

Wow, Engadget is whoring itself to the dark side, big time. This post, though written by a guest blogger, is so deeply flawed that I wonder if the site has been hacked. It’s gems like this that make me wonder:

If you can get past your visceral negative reaction, you’ll quickly see that DRM has actually brought consumers more advancements than restrictions. In truth, the hatred of DRM is a product of its own success; without the added options which DRM brings to the table there would be little to rebel against.

Hmmm. What are these ‘added options’ that DRM brings to the table? Oh right. The option to not use your fair-use rights. Those are nifty. Or the right to have software automatically installed on my computer by a “copy protected” CD. Gosh, what was I thinking? It’s true. Without options like those there would be little rebel against.

Take, for instance, the music industry. Before the widespread use of DRM, customers had two main options with regards to music: consumers could a) listen to the radio or b) purchase a bundle of songs (many of which they had no interest in). DRM has given consumers three further ways to enjoy music.

*Bows down before the sacred DRM statue. Drinks the kool-aid*
Yes! It’s completely impossible to distribute MP3 files without DRM. I forgot. Thanks for reminding me! Somebody should tell all the online music stores which aren’t distributing their music with DRM to hurry up and go out of business.

The first is obvious and has been covered ad nauseum. Still, it deserves a mention. Apple’s iTunes changed the music world forever. Unbundling songs from their albums provided a nearly-infinite jump in options. The purchasing power per dollar was greatly increased. Now $16.83 buys the perfect album. Add a quarter for the blank CD and you’re clearly ahead.

Because people buy iPods for the DRM.

Second, DRM has paved the way for advanced “radio stations.” Using services such as MSN Radio consumers have thousands of “radio stations” at their disposal. Each of these stations comes with the ability to instantly skip to the next song. Compare this to the pre-DRM situation of two or three popular radio stations per market and you’re likely to agree that things are better today.

*Chugs more kool-aid*
Because internet radio stations couldn’t possibly exist without that awesome DRM.

Whose music is it?

In the beginning it was easy. Consumers would buy records. TV stations would broadcast shows. There was no copying and the Fair-Use doctrine was largely an issue centered around academia and news reporting. Then came Betamax. Suddenly it was possible for the general population to copy works. Lawsuits followed and the Fair-Use doctrine was expanded. It now made it legal for consumers to time-shift content, backup software, etc.

Over time a schism developed, and two mindsets emerged. There are those who believe that Fair-Use grants the end-user the ability, when possible, to enjoy the benefit of copying for personal use. The other group believes that they have an inextricable right to their content as they see fit; any effort on the part of the content provider to thwart reproduction of content is taken as an affront to Fair-Use. In reality Fair-Use is, and has always been closer to the former than the latter.

The latter mindset, the one held by the content distribution industry (RIAA and MPAA) is that you should have to pay for your content each and every time you enjoy it. If anyone nearby hears it, they should also have to pay. Guess what? Those are the people writing the legislation and coming up with the technology, which under the DMCA, it’s illegal to circumvent. Even if the DRM denies you of your fair use rights.

Hoping to both codify this distinction and to help stem the tide of piracy, lawmakers passed the Digital Millennium Copyright Act in 1998. Among other things, the act made it illegal to circumvent copyright protection. The purpose of this act was to restore a sense of balance to the copyright world. While the scope of the act and whether or not it’s the government’s responsibility to protect copy-protection are certainly up for debate, the sentiment behind the act stands –content providers have a right to sell their content on their terms. Your decision is whether or not you agree with those terms. In short, limiting your use isn’t unfair.

Um, yes it actually is unfair. It’s just the law now. Get it? Codifying something into law doesn’t make it fair.

Yes, it’s easy to see all the negatives associated with DRM and the laws that protect it. However, we must ask ourselves whether or not all the different ways we can now enjoy our content would be available if DRM wasn’t around and wasn’t protected. After all – isn’t it at least a little fair to say that those who create content should get some say in how it’s used?

Let’s see…would content distribution companies take their toys and go home if we didn’t codify their wet dreams into law? The question is, if they did, would anyone care?

With all that said – I’m still not getting rid of my copy of DVD Decrypter.

So after this long rant in favor of the shiny magic DRM, you’re admitting that you’re violating federal law by copying DVDs?

So what the hell is going on at Engadget? Are they just whoring themselves out in compliance with a secret contract they had to sign to land the Bill Gates interview?

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12 Comments so far
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I think it’s pretty repugnant to accuse us of selling out our editorial. Stephen writes a regular column for us, and even if I disagree with his opinions, I’m not going to censor him.

Comment by Peter Rojas 06.23.05 @ 7:55 pm

Pardon my snarkfulness, I was deeply disappointed with the article and my last comment was tainted by my emotions. However, I’m glad to hear that disagee. I just feel that the article really sucks and it reflects really poorly on your site which, in all other respects, kicks ass.

Comment by Barry 06.23.05 @ 9:24 pm

Yeah, you have to look at the columns like you would the opinion page of a newspaper — the opinions are those of the columnists themselves, not the publication as a whole. We’d be happy to publish anyone’s (thoughtful) response to any of our opinion columns.

Comment by Peter Rojas 06.24.05 @ 6:00 am

Clearly you disagree with me, and that’s fine. Let me ask you this:

Where do *you* think that the music industry would be without DRM?

I realize that I took an unpopular stance, and I’ve received quite a few emails declaring DRM to be a horrific blight. However, no one ever addresses the gist of the column.

Perhaps I didn’t draw all the lines clearly. By no means did I mean to suggest that DRM was *technically* needed for iTunes to exist. I simply meant that Apple would NOT have been allowed to do what they did (i.e. put a million+ commercial songs online for sale) *without* the including DRM. No one would have been able to.

Am I the only one who remembers what a pain in the neck it was before iTunes? Are people simply remembering the *early* days of Napster? Do they forget the vast wasteland after its demise? Other P2P networks popped up, but it was still just stealing and frankly it took a lot of work.

If not a DRM, then what?

It’s easy to hate DRM. What’s your alternative suggestion? Outside of niche markets, trusting people just isn’t an option.

Cheers,
Steve

p.s. the DVD Decrypter line was a reference to past article.

Comment by Stephen Speicher 06.24.05 @ 7:18 am

Where do *you* think that the music industry would be without DRM?

Probably the same place it is now: making tons of money. Standard compact discs don’t have any DRM, and yet the industry hasn’t dumped them yet and probably won’t in the near future. Why? Because people happily pay for them. People would happily pay for just as many (perhaps more) iTunes downloads even if the store sold DRM-free songs. The *AA can make threats to take their content and go home, but if the new players in the content distribution game (Apple, Microsoft, et al) lined up and took a stand on the matter it’s a very safe bet that the *AA would be back to make deals again after a brief tantrum.

If not a DRM, then what?

It’s easy to hate DRM. What’s your alternative suggestion? Outside of niche markets, trusting people just isn’t an option.

I don’t accept the notion that trust is not an option. Compact discs are a perfect example. If purchasing uninhibited mp3 files were easy, convenient, and reasonably priced, there would be far fewer people pursuing the darknet option. Online music sales are taking off in spite of DRM, not because of it.

Comment by Barry 06.24.05 @ 9:44 am

I guess that I don’t understand your argument. On one hand you suggest that you have the option to do EXACTLY what you were doing before. You go on to say that that option probably won’t go away. Yet you still argue that DRM giving record labels the level of comfort needed to put their collections online, is a bad thing. Seems to me that, according to your logic, we’re exactly where we would have been, but additionally have the option to purchase music online. So options have been increased and that’s a bad thing?

Let me ask this (as your original post was outwardly hostile towards me): what about the added ability to have entire music collections on a subscription basis. While that might not appeal to you, isn’t that something that was gained through DRM?

Even the most trusting people have to admit that people would abuse the HELL out of that system if DRM were not involved, right?

Cheers,
Steve

Comment by Stephen Speicher 06.24.05 @ 10:02 am

DRM isn’t needed to put music collections online. It’s just a demand being made by the content distribution oligarchy. I can’t really accept that this is a necessity. We’re exactly where we would’ve been, except the new channel being pushed upon us restricts our rights. So you’re right, there’s this new channel, but it sucks. It’s fundamentally broken (see analog hole) yet defeating in order to exercise your fair use rights is now *illegal*.

what about the added ability to have entire music collections on a subscription basis. While that might not appeal to you, isn’t that something that was gained through DRM?

The thing DRM made possible in music subscriptions was a non-linear interface (the ability to choose which song you get to listen to next) thanks to the embedded ‘expiration dates’ in the files. Linear subscriptions (that is, streams) have been around for decades in the form of radio over the airwaves, and more recently through digital cable and the internets. They have not been exploited to bring the downfall of the recording industry and probably never will.

Subscription services without DRM wouldn’t really be subscription services unless you simply received a pre-selected set of files during an alotted timespan. Sort of an MP3 of the month club. If a system offered all-you-can-download for a flat fee, it’s not really a subscription.

I don’t claim to have all the answers (or even be logically consistent all the time, though I try) but IMHO the whole situation right now is a monument to greed. It’s a baldfaced lie to claim that creativity would cease if it weren’t as profitable, and right now the profits are coming from a system of engineered artificial scarcity. Meanwhile we have allowed, and continue to allow, the public domain to be plundered with copyright extensions. It’s a perverse situation for our culture, and while DRM isn’t entirely to blame it certainly is the poster child.

Comment by Barry 06.24.05 @ 1:20 pm

That’s part of the reason that I grouped linear vs. non-linear as different options. I also made a point of saying that it was the most exciting.

My point was never to say that DRM is GREAT! My point was only to spawn discussion and give people an alternative view. People have this assumption that DRM must be bad. My only point was that without DRM we wouldn’t have seen many of the different options that we have now (like you said we’d probably still be buying CDs)

The good thing about my column is that if you don’t like it one week, chances are it will completely different the next. Just ask the scores of people who wrote me saying that I didn’t support artists rights (the week I wrote about DVD Decrypter).

Cheers,
Steve

Comment by Stephen Speicher 06.24.05 @ 1:54 pm

You’ve definitely spawned discussion, so congrats on a mission accomplished. You were also dead on with the DVD Decrypter article, so congrats there, too.

Rock on,
Barry

Comment by Barry 06.24.05 @ 3:18 pm

Oh, snap! The original article (permalink? What’s that?) is gone. Revisionist history!

Comment by barry 04.13.07 @ 12:46 am

The article is there, at the original link, as it always has been.

Comment by Peter Rojas 04.15.07 @ 12:14 pm

Hmm…It was down when I checked last week, but it’s back up now. Cheers.

Comment by Barry 04.18.07 @ 3:34 pm



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