DRM will not be legislated
Several people have suggested that DRM software is not bad in and of itself. So long as it is used voluntarily, it is not infringing on anyone's freedom. In fact they will even agree that voluntary DRM can be a good thing; it increases people's options and can provide a mechanism where content producers can get paid. However they oppose DRM anyway, even voluntary DRM. The reason is because they see it as the first step towards mandated DRM. If DRM hardware and software are widely available, they reason, it will be that much easier to get legislation passed to make them mandatory. Most people will already have systems which comply with the laws, so there will be no great costs involved in requiring the systems. In contrast, if no one had DRM hardware and software installed, then mandating it would be politically impossible, requiring virtually every computer in use to be junked or at least to go through an expensive upgrade. The costs of such a transition would be enormous, and legislation to mandate DRM would never succeed. This argument makes superficial sense, but it ultimately contradicts itself on one major point: if DRM is so successful and widely used as would be necessary for its mandate to be low-cost, then there is no need to require it! Opponents of the legislation need only point out that consumers are voluntarily adopting the technology and that the marketplace is working to solve the problem for the record labels and other content companies. In fact, there is very little incentive to push for mandating DRM features on the part of any of the participants in the dispute: content companies or technology companies. What they really need to do is to make DRM become popular as the only way to have a variety of good, legal content be available. A substantial number of consumers will voluntarily adopt DRM if it lets them have a Napster-style system of music on demand, with wide variety and convenient downloads, as long as the songs are not too expensive. The advantages of having a legal system that is immune to the woes of the P2P world (constant shutdowns of popular systems due to lawsuits, the problem of bogus data, etc.) will amply justify a modest fee for the download. It seems clear that this is the direction the record labels want to pursue, and the only problem is that right now, if they make downloads available without DRM restrictions, they will go right into the pirate networks. With DRM they have more control over how the data is used, there will be less piracy, and therefore they can charge less per song. Legislating the DRM is of no value in this scenario, because people will still be able to use P2P and other software for piracy, whether they have software that can support DRM or not. (We will neglect the plainly absurd argument that the computational infrastructure of the entire nation will be changed so that only "authorized" or "approved" software can run.) The record labels still must pursuade people that DRM is worth having, and the way they will do so is by making their data available at a reasonable price, while continuing their technological and legal attacks on P2P networks. Legislating DRM will not substantially help with any of these subgoals. The one exception where legislation might be helpful would be for "closing the analog hole", requirements to detect watermarked data and not process it. If all systems could be designed so that they recognized watermarks in music and video and refused to play them, then that would cut down on piracy. But this is not DRM per se, it is really an orthogonal technology. One can oppose efforts to legislatively close the analog hole while still supporting voluntary use of DRM software and hardware. Ultimately, DRM must succeed as a value proposition for the end user. Legislation to require DRM-observant software and hardware in all computers will not establish this value. By itself, such legislation will not stop piracy and file sharing. The only way to stop file sharing is with massively intrusive legislation that would practically shut down the net and most businesses as well. Such a course is impossible outside of the raving fantasies of the paranoid. Given the reality of ongoing file sharing, DRM must succeed by offering good value and the guarantees of high quality that are not available in a black market. Legislation of DRM is not in the cards, and this remote, hypothetical possibility should not stop us from supporting voluntary DRM systems.
On Monday, July 8, 2002, at 04:01 PM, Anonymous wrote:
be available. A substantial number of consumers will voluntarily adopt DRM if it lets them have a Napster-style system of music on demand, with wide variety and convenient downloads, as long as the songs are not too expensive.
I doubt it. Napster was popular because people like FREE STUFF! There were services in Tower Records as long ago as 10 years ago, and repeated efforts since, which allowed a patron to pick a set of songs and have them recorded onto a customized CD. Cost was comparable to a CD. They all failed. People who were heavy users of Napster, collecting thousands of songs (or more), will not be too interested in a system which charges them a 50 cents or a dollar per song. And casual users just won't bother. I expect something like this will happen, but it doesn't significantly alter the main issue. Oh, and it little or nothing to do with DRM circuitry. Most of those who download songs will be doing so to put on to their MP3 players, their iPods, their own CD-Rs. While the latest Pentium 5 and Opteron machines may or may not have DRM circuitry, it's likely that the very target market for downloaded music will be using older machines for many years to come. --Tim May "The State is the great fiction by which everyone seeks to live at the expense of everyone else." --Frederic Bastiat
-- On 9 Jul 2002 at 1:01, Anonymous wrote:
If DRM hardware and software are widely available, they reason, it will be that much easier to get legislation passed to make them mandatory. [....]
This argument makes superficial sense, but it ultimately contradicts itself on one major point: if DRM is so successful and widely used as would be necessary for its mandate to be low-cost, then there is no need to require it!
Voluntary DRM can never stop piracy. With voluntary DRM, people can break once on one machine, then run the latest Napster replacement on the every machine on the internet in non DRM mode, and copy that file that was ripped on one machine, to every machine. Voluntary DRM is only useful to the content industry as a stepping stone to compulsory DRM Voluntary DRM is only useful to the industry to reach the point where they can say "Only copyright pirates, terrorists, drug trafficers, child pornographers, tax evaders, and money launderers need to run their machines in non DRM mode." --digsig James A. Donald 6YeGpsZR+nOTh/cGwvITnSR3TdzclVpR0+pr3YYQdkG 7lDwxyaNMRyW/fnz+MbZtTkvvLQYa1vgZGkK9sHP 2Efd0J6T+9nNeRMcg3Djz42yiJGtYagAGVb1mkkkE
On Mon, 8 Jul 2002 jamesd@echeque.com wrote:
Voluntary DRM can never stop piracy. With voluntary DRM, people can break once on one machine, then run the latest Napster replacement on the every machine on the internet in non DRM mode, and copy that file that was ripped on one machine, to every machine.
Obviously. But if the "content" is on a private net hooked into private boxes, putting the data onto the public web becomes a touch more difficult.
Voluntary DRM is only useful to the content industry as a stepping stone to compulsory DRM
Only in some executive's wet dream. And they've got enough problems dealing with their accounting division right now :-)
Voluntary DRM is only useful to the industry to reach the point where they can say "Only copyright pirates, terrorists, drug trafficers, child pornographers, tax evaders, and money launderers need to run their machines in non DRM mode."
And if they can't deliver enough product to make DRM worth while, they never get that far do they. If the economics works, they don't need laws, and if the economics don't work, they won't get laws. When the big boys figure out how to deliver their stuff with better quality and more "coolness" than P2P, they'll make plenty of money. Shit, we might even convince them it's worth while running fiber to every home on the planet. If they don't, they're toast anyway. Teenagers can wait all day and night for a few songs, but the rest of us don't have time to waste on it. With enough bandwidth, DRM becomes irrelevant. The recorded past isn't where the cash is, the instantaneous *now* is where the money gets collected. Someday they'll figure it out, but I suspect it'll be a teenager that hits 'em over the head with the 2x4. Patience, persistence, truth, Dr. mike
participants (5)
-
Anonymous
-
daw@mozart.cs.berkeley.edu
-
jamesd@echeque.com
-
Mike Rosing
-
Tim May