The RIAA - Hollywood - DRM - Linux Suicide Pact
After reading Tom Adelstein's Preventing DVD Playback on Linux Like Prohibition in the 1920's, I had to lie down and think about it for some time. (Snoring is too a sign of thinking.) Now Tom has a scholarly style of writing. I'm more of a Bart Simpson, and the conclusion I came to after lengthy pondering and cogitation is "WTF is wrong with those people?" Actually, I had already come to the conclusion that the fine folks behind the Digital Millennium Copyright Act, Digital Rights Management, and the Business Software Alliance are either nuts, corrupt, or both. These are all things that Real People (like you and me) don't need and don't want. The DMCA is on shaky ground Constitutionally, but until we get a Constitutional amendment that requires new laws to pass Constitutional muster before they can be enforced, we will spend our lives enduring barrages of similar madnesses. Tom nailed it with this statement: "Dell, HP, Gateway, Sony, IBM and the rest of Microsoft's partners will find themselves painted with the same brush. You cannot enforce the DMCA any more than you can force people to buy American cars. Take a hint from General Motors: The word eventually gets out that you have inferior products and the price isn't right. Microsoft's OEM partners will become the buggy whip manufacturers of the 21st Century." Now, sitting here in my modest little house, thinking my dumb ole laypeople thoughts, I find myself wondering what sort of mindset would prefer to perpetuate an inferior product line and ignore what customers are willing to pay for, and instead devote considerable energies and money to fighting with their customers, and treating them like criminals, and purchasing punitive unenforceable laws, and sue tens of thousands of people, and plant destructive software into peer-to-peer networks and on customer's computers, for which they should go to jail, but nooo, that won't happen, instead of devoting those resources to improving their products, and delivering what customers want to pay for? It's certainly not an intelligent one. As Tom noted: "In the one area where the US had an absolute advantage, we have lost it. We held an absolute advantage in technology until we started exporting jobs to countries like Malaysia, Singapore, Korea, Mexico and China. Once the cat was out of the bag, our friends became our economic foes."
Brilliant, eh? Shoot yourself in the foot after taking careful aim, then whine about it. And here we go again. "Intellectual Property"Like Richard Stallman, I detest the sloppy, inaccurate, propagandistic term "intellectual property." It deliberately implies that ideas and concepts can be owned. Well, they can't. What we are talking about are copyrights, trademarks, and patents, or very specific implementations of ideas and concepts. In this discussion, we're talking about copyrights and fair use. As an author, I have a fair bit of self-interest in copyrights. I don't care to see my works copied and sold by someone else. By dang, if there is money to be made from my labors, I want it. But suppose someone copies an article from a website and passes out copies at a LUG meeting. Should I get all cheesed off about it? Heck no, that's normal behavior and fair use, just like passing out copies of a newspaper or magazine article. What if someone buys a copy of my book and shares it with friends? Again, duh, go for it. Have a good time. What if they buy their copy at a secondhand store? I make no money off that. Oh well, that's life, and that's the fate of all products. What if my book were distributed in electronic form, and therefore easily copy-able and distribute-able? Now it gets scary. What can I do to protect my precious income-producing words? I can generate an income stream from that, if I listen to my customers and package and deliver it in a format that they want. In fact, my book is available in a digital format at Safari Books Online. You can't easily copy the whole thing, but you can read it, and search it, and print pages, and read other books as well, for less cost than the price of the printed book. I don't make much money from Safari Books. But it makes books available to users on a tight budget, and to users who want to try before they buy a hard copy. I make a little bit of money from readers who use Safari the same way they use the public library- maybe they only need to look up one thing, which means purchasing an entire book doesn't make sense. A little bit of money is better than no money.
I admit I am nervous about the concept of delivering a book entirely in digital format. I need to earn at least $40,000 from a book to make it worthwhile for me financially. Will digital delivery cut into my income? Or will it expand my readership by making the book available at a lower cost? I believe the latter. Sure, there are always freeloaders who are ingenious at getting things for free. But most folks are honest, and all they want is fair value. If I write sucky books that no one wants, like the way that the music industry releases crappy CDs, and Hollywood makes dopey movies that no one wants, I won't sell more books by criminalizing customers and instituting lame copy-protection schemes. Fair Use and Human Behavior"Like the availability of alcohol during Prohibition, people can find supplies without much trouble. Right now, you can obtain the decryption code on DVDs either by purchasing a license for that component by itself or you can download it from Internet sites in foreign countries. Canadian Whiskey wasn't as easy to get as DVD playback code.And while you can use the courts to get to a few people, most will never see enforcement." So here we have an entire industry exerting considerable effort to exclude a whole class of customers, because we use a computing platform that they cannot control. Sure, Microsoft will be happy to screw over its end users by including all manner of DRM nastiness. But in the end it won't matter anyway- customers who choose to view their legally-purchased DVDs on Linux will easily, if illegally, find a way. What sort of madness is this? Despite the attempts of the software and entertainment industries to convince us that we only license their products, not own them, most folks view items that they purchase as owned, and theirs to do with as they jolly well feel like. That's the reality, and fighting that is futile. Their attempts to "protect" their "property" are laughable in any case. Professional pirates, the ones who copy and print off thousands of discs, aren't even slowed down by their silly lawsuits and copy-protection schemes. The only ones who get hurt are their own customers- the very ones who pay actual money for their products. The way to attract customers is to offer attractive products at a fair price, and be nice to them. Not strongarm them. You know that, I know that. Why don't these bigshot corporations know that? Something else you and I know- no business has a God-given right to succeed. Businesses fail all the time- that's life. And some of them accelerate their failures by being buttheads. Give 'em rope and let 'em go. **UPDATE:** I should have mentioned that the MPAA and RIAA believe that playing copy-protected media on Linux is breaking the law, because it circumvents copy-protection, which they claim violates the DMCA. Here is an old, but informative, article on this issue.
Meanwhile, the MPAA claims that they love Linux and Linux users, and simply want someone to distribute a licensed, official media player for Linux. See "Windows- and Macintosh-based computers can play DVDs, so is it fair to deprive the Linux community?" at DVD_FAQ.
Carla Schroder has had a variety of jobs and businesses: auto mechanic, landscaping and housecleaning, massage therapist, freelance Linux/Windows computer geek, and technical writer. See Enterprise Networking Planet and Enterprise Unix Roundup Tips of the Trade for fab weekly Linux howtos, and be sure to purchase copies of her Linux Cookbook for everyone on your Christmas list. |
|
|
Comments (19)
Splendid work.
I'm looking forward to un-trackable BitTorrent. That is, of course, one logical result of prohibition, the "profits" to be made by supplying the prohibited, but desired, action/service/product.
DRM on CDs
I now avoid buying any products from a number of companies including BMG, EMI, and now Sony. There's plenty of good music out there and still some companies who don't treat their customers like criminals. I will never pirate music, but I will never support a company which treats the customers so badly - if they have some great music then too bad - I will simply never have a copy of my own to play.
As far as I can tell this whole push to criminalize the customers is borne from delusional managers who believe they can squeeze more money out of their customers. Unfortunately there are many fascist governments around the world who are happy to ignore customer's rights in favor of their corporate sponsors, so be prepared to never buy CDs from certain companies again.
Imagine - you pay for this thing and you are never informed that not only is it not a proper CD, but it will secretly install software on your computer! Oh well - that is if you're one of the unfortunates who run WinDos. I run Linux so I'm still protected from those dirty tricks. Yes, these music companies are criminal entities who compromise your computer systems without your knowledge or permission. Time for some class action suits. Well, not me because I return all that crap and simply never buy from them again.
I have no problem paying for a CD/DVD that allows me to enjoy some entertainment or diversion. I also have no problem with a company making a reasonable profit. But I'm already paying for DVDs that have commercials embedded in them.
There's talk of the next-generation discs requiring that the consumer have an internet connection to be able to play them, charging for each play. I'm sure that if we lay down and say "it's okay" to that, we'll also be paying for the same dang commercials that we get now.
The entertainment industry is making money off of my BUYING their plastic, AND from businesses putting commercials in their products. They're becoming greedier than ever. And it's not usually the artists or small producers who are reaping the profits - often they make less in a year than is required to support a family.
A close friend who IS an award-winning independent film producer has been "ripped off" by several large firms who either won't pay his agreed-upon fees, or blatantly use his work without compensating him. He often is in court defending his work against the likes of Sony, Warner, and broadcast/cable TV. Because he's NOT rich, his one lawyer faces an army of lawyers, and often has to "settle" for much less money than he would be due.
I wonder if the "big" producers or artists have the same issues?
I believe the practice of commercials on DVD's started with the pornography industry. That gives you clue as to how low Sony, the MPAA, and their ilk have sunk.
New Business Opp for Digital Media - Brazil
Hmmmm. Anyone ?
That's all I meant to say.
Think this through and I believe you'll understand that Microsoft and the RIAA can do nothing to soveign nations which have no laws to protect Microsoft. hehe.
Bingo, and don't think for a moment that there are not squads of MS attorneys looking at this from all angles. Tom hit it on the nose. This represents a major threat not only to MS but to the music and movie industry. I hate to align myself with another nation on ANY issue, patriot snob that I am, but I gotta wave the Brazilian Flag here. Besides, I hear they make a good cup of coffee.
"Legal" DVD Players for Linux
This sort of control freakery is beyond sanity. Are you not entitled to fair use of your purchase? Is playing back the film, providing you don't seek to make lots of copies or charge others to watch, on a platform of your choice fair use?
DRM = Digital Religious Madness DMCA = Digital Media Castration Act RIAA = Recording Industry Asshole Association
But is it moral?
Of course you can't morally claim that American cars are the only to be purchased. However, the music industry (for example - I'll stick with music for the remainder of this diatribe) isn't forcing you to buy their music. It appears to me that the major labels have the same goal in mind, though - "don't steal my shit". If you want it, it's on our terms. Now, as a consumer, you have the perfect choice here - either agree to the terms and purchase it, or don't. Now, what Microsoft has to do with this is purely a stretch... Sure, they're a hell of a punching bag, but you seem to agree with a guy that generally dislikes Big Business, regardless of their business plan.
To add upon that, I'm not trying to defend the *means* of copyright-holders. Again, I conceed that they're doing a poor job of protecting their rights with equal foolishness as those stealing from them.
And why did we start exporting jobs? A number of economic reasons, such as tarriffs, minimum wage, labor unions, bureocracy (sp?), and other political and social foolishness play a major role in the issue. It's time to stop placing full blame on the producer of a product and start taking a look at the whole picture.
Next item, you're not talking IP at all - you're talking copyright. IP is a popular bashing ground, but irrelevant in this case - the fight can be fought elsewhere. You then jump to the concept that you can do what you want with your property, such as a written work, but since you feel you're being fair about it, it's moral. However, a music company wants to price themselves out of business, so you have some sort of implied right to another's product. You don't, any more than they have unfettered right to your product.
You also jump in to the implication that quality (or lack thereof) is a deciding factor in how enforcable a law or contract can be. If I turn out a piece of crap with a Draconian usage agreement, it's no less moral than turning out gold with a "fair" agreement. Either way, *I*, as a producer decide my terms - you have no implied right to my product. If I price myself out of business, it's my own fault. But if the business model works, why change it?
The claim that your computing platform is the reason for an excercise in control is silly. It's not the operating system. Again, you have no implied right to their product. And you do not always just license the product - if you purchase it with restrictions, you can't simply throw aside the restrictions afterwards. And to assert that (as you state) "property" isn't exactly that is the reason that it must be protected in the first place. Of course enforcement isn't ideal. But it's no reason to hide theft behind "fair use".
And finally, to claim that you have a right to break their means of protection, as evil as you believe it to be, in order to do with it what you want is ludicrous. They owe you the right to play it how and where you want about as much as you have an obligation to purchase their product.
That is to say, none at all. Welcome to a free market.
You must understand that the constitution is not a municipal code. Rather, it is a grant of power to the state. Powers not granted are not available.
Nobody contests the power of Congress to grant copyrights, patents, and trademarks. That is clearly granted by Article 1, section 8.
The problem comes with the DMCA's anti-circumvention measures. These measures apply regardless of whether any infringement takes place. That, in itself, may represent an over-reach of Congressional authority, but is compounded by the fact that anti-circumvention measures prevent fair use of copyrighted materials.
Fair use is a bundle of circumstances under which copyrighted material may be used without the permission of the author. Fair use is codified in the copyright statute, and, one would be tempted to say that whatever Congress giveth, Congress can taketh away, except that the codification did not create fair use; it merely acknowledged a body of case law that had been developed over the years. Most of that case law recognized constitutionally guaranteed rights based on the first amendment.
Post a comment
A free account is needed to post. Write your comment here first: your text is kept in this browser while you sign up or log in, and is waiting for you when you come back.
Your message:Sign up and post (it is free) or Log in and post

What I like is how you brought your personal experience into the argument. Something about using personal experience and especially from someone who writes for a living and has been published by O'Reilly makes the whole thing real. I thought that was excellent.
Using contrasting voices also really, really worked to tease out the ideas. Wow, that's great technique. I got caught up in reading instead of editing. That takes real skill.
I can say other things about the piece, but the final highlight seems to be the drama that you wove starting with the title. The whole conspiracy, walking the plank thing is like a short story. It's very fresh and provides a classic model which most people have been trained to use unconsciously.
Did you do this extemporaneously? If so, you own the craft. No doubt.