A History of the Digital Copyright Struggle 139
sconeu writes "The National Journal has an article detailing the battle between Hollywood and Silicon Valley. An interesting read, it discusses the tech industry's early miscues, and the efforts made to ensure that Hollywood isn't the only voice heard on the Hill."
Shameless plug (Score:2)
Re:Shameless plug (Score:1)
Re:Shameless plug (Score:1)
I also have an essay on that, albeit much shorter. It was written for a scholarship, which I didn't get, but I do feel I learned a lot.
It is available here: Mirror #1 [wisc.edu] and here Mirror #2 [earlham.edu] Both copies are the same, but the latter site has more bandwidth.
At least some companies are on our side (Score:2, Insightful)
Re:At least some companies are on our side (Score:1)
You're talking about consumer electronics corporations like Sony (owns Columbia, etc.) and Microsoft (XBox is consumer electronics)
Re:At least some companies are on our side (Score:2)
Truth: They aren't on our side, though they don't want that known yet. They're busy investigating how to best fuck us with DRM, so that they'll reap maximum profits.
You cynical? Hardly. Feel free to contact me for lessons though, you may have potential.
Copyright: if you dont like it don't buy it (Score:2, Insightful)
Re:Copyright: if you dont like it don't buy it (Score:1)
Re:Copyright: if you dont like it don't buy it (Score:3, Interesting)
Hasn't been true since 1830 (Score:1, Informative)
How old are you? In 1831, congress set copyright to 28 years plus a 14 year extension. In 1909, congress set the extension to 28 years for a total of 56 years. That's 5 1/2 decades. How many movies have you seen from 1908 or earlier?
I suppose if you've lived here since 1830, you might still consider 5 1/2 decades a reasonable wait...
Re:Copyright: if you dont like it don't buy it (Score:1)
I'd gladly buy a computer that doesn't have DRM crippleware built-in. I hope I'll still be able to. I guess my next computer hardware purchase won't be imported from the USA then.
buy it cuz there isnt any alternative. (Score:1)
Re: buy it cuz there isnt any alternative. (Score:1)
so they buy dvds, because every blockbuster pushes the dvd format. (blockbuster owns my town. four blockbusters, and no competition)
No competition? Your town doesn't have a bookstore or public library? How about public parks for playing football, courts for basketball, streets for stickball? If you just have to have scripted drama performed for you, try your local theater groups (and I don't mean the ones with projectors and screens), or join one yourself. Too old for stickball and too reserved for theater? Get involved in your community: become a volunteer, an activist, run for mayor, run for dogcatcher. Do something, don't just watch DVD's from Blockbuster and complain about watching DVD's from Blockbuster.
No one's managed to copyright reality, nature, or relations with your fellow human beings yet. Enjoy 'em while it lasts.
Re:Copyright: if you dont like it don't buy it (Score:2, Interesting)
I wish people who made this "free market" appeal actually understood what they were talking about. A truly free market has more choices than "buy" or "don't buy." In a free market, I could also start my own business selling copies of movies. Oh, but that's illegal thanks to government-enforced monopolies called copyrights. Fair enough, "promote progress" and all that. Instead I'll manufacture my own playing devices that don't bother with silly use restrictions. May the one who gives the customer what he wants win. Oh wait, but that's what these new laws are designed to block, isn't it?
Show me this free market you speak of, 'cause I've never seen it.
The above quote says it all. If I buy something of course I am entitled to use it any way I want! What do you think ownership means? There are exceptions, obviously--I can't use a crowbar to break and enter--but those are just that, exceptions. They are set by the law, not by crowbar manufacturers. Things like the DMCA (unconstitutional) and EULAs (unenforceable) give manufactures the power of the legislative branch in crafting copyright law with no accountability, no checks and balances, and no recourse for ordinary citizens.
Re:Copyright: if you dont like it don't buy it (Score:1)
--SuperBug
If they don't want to distribute it, then don't (Score:3, Insightful)
The whole problem is that they are seeking legislation to restrict the rights of the public and force technology industries to cripple their products and stop innovating. They think they have a problem, but rather than change their own businesses, they want another industry to solve it and have the whole country pay for the solution.
The whole copyright "problem" is a sham to strengthen the control the major players have and stifle competition and innovation.
Re:Copyright: if you dont like it don't buy it (Score:4, Insightful)
This is true. Now, after they've sold me a copy, it's my property. The law says I can do whatever I please with my new property, except for one thing: I am not generally allowed to make new copies of the content encoded in my physical copy, other than copies allowed under the statute of "fair use".
yet people for some reason feel they are 'entitled' to use it any way they want
I should be, as long as I don't make copies of the content that aren't protected by fair use.
There is nothing wrong with companies trying to peddle information that is saddled with any kind of onerous encrpytion/copy protectsion/annoyances/whatever..
However, by the same token, there should be nothing wrong with me doing whatever I want with my property, including decrypting it, hacking it, burning it, or gluing it to my forehead. (As long as I don't make copies of the content on it that aren't protected by fair use.)
The problem is that the media industry has bought legislation that gives these technical tricks the force of law. That is a huge change in the nature of the copyright landscape, and it effectively eliminates many of the tair use rights people used to hold over their own bought-and-paid-for property.
It used to be, you bought a CD, and you owned it; the record company only owned a lein that prevented you from redistributing additional copies of the CD. Now, through technical measures backed by new laws, the record company removes most of your ownership rights in your CD and retains them for itself. You are effectively renting the CD and are only allowed to play it on record-company approved equipment.
Re:Copyright: if you dont like it don't buy it (Score:2)
There's much more at risk here than the ability to copy music and movies.
Re:Copyright: if you dont like it don't buy it (Score:2)
Re:Copyright: if you dont like it don't buy it (Score:1)
You are not entitled to copy and distribute it.
You have the right to burn it, break it, copy it for your own use, sell it, give it away (as long as you don't keep a copy, copy parts of it for educational purposes, etc. The doctrine of first sale and fair use give you those rights.
Some people argue that fair use is not a right, only a defense against claims of copyright infringement. But many will argue that point. These aren't things that will be solved by technology, they are social issues.
You Know What They Say.... (Score:1)
"Broadcast Flags" will be waived...
"Digital Rights Management" will be mismanaged....
Its just a horrible cycle.
Funny stuff (Score:4, Interesting)
How funny would it be if it came out that Eisner had downloaded the footage the night before off of LimeWire?
Which makes you wonder, did he actually have the rights to show the footage? Sure, Eisner OWNS abc, but i wonder if he went through the red tape to get something printed that said he had the rights.
Make sure you include musical instruments (Score:1)
Perhaps we need to extend the law to a musician's musical instruments. Creaters of musical instruments have one year to build in technology to prevent musical instruments from reproducing music that was created by someone other than the musician without explicit permission to play it. Vocalists need an implant.
I infringe neither software nor musical copyright. You have no right to force me to program big-brother-style content control into all the software and hardware systems I create.
Those working on open source, like myself and many others, clearly rely on the goodwill and kindness of the community.
In terms of horizontal software, copyright really only serves to make Microsoft and a few others profitable. These laws are to make large corporations rich, who control publicity and name brand to control what the masses want, often regardless of quality or merit by the company earning the profit.
Re:Make sure you include musical instruments (Score:2, Insightful)
I agree with most of your points, but as soon as you hit this typical rhetorical chime of railing against the big, rich corporations, I am compelled to remind you that most of the "wealth" of a big corporation is split up between thousands of middle-class investors, including whatever is left of your 401K after last year's crash. If you are like most people office drones, you might actually be a part-owner of Microsoft and not even know it.
Wealth that is worth much less to the common (Score:1)
Wealth that would be simply divided and used differently if they weren't given through the government monopoly called copyright.
I do not buy Microsoft products, nor have I for many years. I do not willingly invest in Microsoft. I would be happier to see the money invested in companies worried more about service and less about controlling, which I see much more of in smaller enterprises than large. There are exceptions, but Microsoft is the rule.
It is no suprise that if accumulation of wealth is their goal, other desirable things will take a back seat, and eventually the downside is big, whether you consider the tax evasion issues against companies who don't pay dividents, the accounting / juggling, CEO mega salaries, etc. or how money is really distributed in such company. The dot com bubble destroyed lots of valuable companies by changing their priorities in a similar fashion by telling developers they were there to impress the shareholder rather than to provide a very valuable service.
Re:Horsefeathers! (Score:1)
Re:Make sure you include musical instruments (Score:2)
>> Those working on open source, like myself and many others, clearly rely on the goodwill and kindness of the community.
How, then, are you paying your bills? Canvassing the neighborhood for donations? Why would you expect to receive the community's continuing goodwill? (By community I mean a real, physical place, not the imaginary "community" of disparate people with sharedd interests.)
I think it is demeaning to people who create software to expect them to work for nothing. Likewise, it is demeaning to musicians to expect them to work for nothing.
>> These laws are to make large corporations rich...
No question that the media corporatins have successfully molded copyright law into a tool to bludgeon both the consumer and the artist. Historically, though, copyright law is intended to protect artists and consumers from predatory businesses. In simple terms, no copyright, no protection of reproducible art, no art to buy apart from live performances. Most importantly, the ability of people who write books to protect their interests would disappear. Don't throw the baby out with the bath water.
Re:Make sure you include musical instruments (Score:1)
After all, almost everyone here constantly and stridently asserts their right to copy digital recordings of his music.
My post to which you were supposedly responding said exactly the opposite -- that I do not violate either music or software copyrights. I copy within reasonable personal use of CDs that I have legally purchased, just as I make reasonable backup copies of legally-obtained software. There is a big difference here, but you apparently don't get modded up here for accurately answering a post, but by changing the issue so you can answer the straw man.
How, then, are you paying your bills? Canvassing the neighborhood for donations? Why would you expect to receive the community's continuing goodwill? (By community I mean a real, physical place, not the imaginary "community" of disparate people with sharedd interests.)
In my case, it is still through advertising on a successful product, but there are certainly other business models possible.
I think it is demeaning to people who create software to expect them to work for nothing. Likewise, it is demeaning to musicians to expect them to work for nothing.
Life is hard, because of the dominant players in the industry -- the only ones who stand to gain significantly from these new laws by the entertainment industry is the power brokers. One way or the other, we have to adapt to the polluted market or find a new career. I have a long history of software that used to be very competetive and profitable before Microsoft controlled the market so tightly to make it very difficult to sell any software in the growing set of domains they control, despite it's value.
No question that the media corporatins have successfully molded copyright law into a tool to bludgeon both the consumer and the artist. Historically, though, copyright law is intended to protect artists and consumers from predatory businesses.
Intended by whom? By you? It is evolving into its current form because of the stupid sheep who support it blindly in spite of what it is doing. There is one major predatory business left in the software market, named Microsoft, who has destroyed the other legitimate competetive offerings. Copyright in no way protects others from them but rather grants them the exclusive monopoly on their OS that can be leveraged in many new ways to control the rest of the market, as they have done time after time. That is why they have few friends left. They have eaten them all.
In simple terms, no copyright, no protection of reproducible art, no art to buy apart from live performances. Most importantly, the ability of people who write books to protect their interests would disappear. Don't throw the baby out with the bath water.
When I see a live baby still there, I will be careful. The new sets of laws are nothing that should be protected for fear of hurting the baby. They have never protected the baby and were not drawn up by those with the baby's best interests at heart.
Try being part of the solution instead of such a large part of the problem.
Re:Digital Rights Management (Score:1, Troll)
The problem with most people reading Slashdot is that they don't have jobs that depend on the goodwill and kindness of the community. They're telling musicians like me that I'm supposed to. What would you do if your boss told you that unless the software sells 3 million copies, you get nothing? Welcome to our world.
If the tenuous nature of making a living off your music bothers you, maybe you should get a day job. I'm sorry, but at no point in human history did the majority of musicians make a good living at it.
If you want me to pay $20 for your CD, make damned sure you sell it in a format that I can easilly back up on my HD, and take full advantage of Fair Use whenever I want. Otherwise you won't ever sell one to me, no matter what your SAT score was.
You do not have a right to make money off your art. Most artists don't.
better make sure that cd includes.. (Score:1)
here's a hint for musicians too: "BE YOUR OWN RECORD COMPANY". and make good music that's honestly personal at least to some aspect, you really need the 'suit' level layer that's just calculating income?
or get a dayjob style studio musician contract for recording shitty folk music, start teaching music or anything else that will get you food.
you have to be gddamn good artist to get rich by doing arts, sometimes being good isn't even enough, better just keep it as a hobby...
www.machinaesupremacy.com some good honest c64 metal.
besides, i much rather pay for seeing the music performed live than buy the cd..
So Preposterously Wrong... (Score:2)
Geez, that's so preposterously wrong that it is hard to imagine how you came to that conclusion.
People who make something -- music, movies, or whatever -- have every right to try to sell their creations, for any price, to anyone. Your only right in the matter is to not buy.
Re:So Preposterously Wrong... (Score:2)
What I meant was that making enough money to live on with nothing but your art is not an absolute right. If somebody is willing to buy it, great. If not, you are not being repressed, you are just unsuccessful.
Re:Digital Rights Management (Score:2)
And at no point in history have artists had endure so much self-serving THEFT of their work.
If you want me to pay $20 for your CD, make damned sure you sell it in a format that I can easilly back up on my HD, and take full advantage of Fair Use whenever I want. Otherwise you won't ever sell one to me, no matter what your SAT score was.
An artist will sell it in whatever format he/she sees fit. If it doesn't work for you, don't buy it. End of transaction.
You do not have a right to make money off your art. Most artists don't.
Turn this around...where does your right to acquire my art come from, and under what terms do these rights exist?
Re:Digital Rights Management (Score:2)
That was my whole point. If it doesn't work for me, I won't buy it. Keep that in mind when chosing your protection schemes.
In other words, if you want to sell me your CD, you are probably going to have to learn to live with the fact that warez dudez are going to collect unauthorized copies of your album on their shared drives, because there's no way you can prevent that without also preventing my fair use of the content you are selling to me, which I, as a buyer, will not accept.
Re:Digital Rights Management (Score:1)
Choose a different option! Sell unlimited use mp3's / ogg vorbis files on the internet. Stop getting bent over by a company that just wants you to make money. You can make just as much money without being indebted to those money grubbing assholes. You know, before people had recording technologies, they made money on playing music live. You should try that.
Go Silicon Valley (Score:3, Interesting)
For example, the airplane was invented as a way to travel. As soon as the military saw this, they thought, we can drop bombs from this device. Now the plane is not just for travel, but also for war. I'm sure the Wright Brothers didn't expect the creation of Stealth Bombers now did they. The same applies for developers of CD/DVD burners. I'm sure the original plan for them was to provide a great way to back up large amounts of data. Then someone said, hey, we can put multimedia on this and get our car stero, home theater to play this also.
Through this whole mess I just hope that some silly law doesn't get pasted that requires software/hardware developers to add DRM to their products, because if it does happen, I know a whole bunch of people that will stick to the last latest and greatest hard/software that doesn't include DRM.
Re:Go Silicon Valley (Score:2, Insightful)
Before the Wright Brothers' flight at Kittyhawk, armies were already using baloons for recon. I'm sure those working on the first planes were perfectly aware of the tactical advantages of powered flight. Not the specific applicaitons, but only a moron would have overlooked that something like that would end up being used as a war machine.
Likewise, the makers of the first DVD burners not only knew they would be used for multi-media, but that was the whole point. Otherwise, why spend so much effort complying with the standard of the read-only DVD, when you could just make some proprietary optical disk (like SyQuest and others used to do before DVD's came along)?
Still, there are hundreds of legal applications for a DVD burner. The ability to back up your valuable DVD collection, or transfer your LD's to DVD so you don't need to replace your old LD player when it breaks down, or myriad other uses. Look at how many of the new iMacs Apple sold to people specifically so they could edit their home videos with iMovie and burn them to DVD. DRM would kill the biggest innovation in personal movie-making since the home super-8 editing station (which came out decades ago).
Re:Go Silicon Valley (Score:2)
For example, the airplane was invented as a way to travel. As soon as the military saw this, they thought, we can drop bombs from this device.
No they didn't - it took the military the better part of 30 years to invent the concept of bombers.
They initially used planes as observation platforms (just like balloons and blimps, the other flying devices they had experience with.) Fighters came next, as the observation planes tried to do battle with one another. By the end of WWI, bombing from planes was still largely ineffective: artillery was much cheaper, could delivery much bigger payloads, and was well-integrated with infantry.
By 1935, the military had recognized the power of multiple engine bombers, and Europe had an early version of Mutually Assured Destruction (the belief that bombers could decimate each others' major cities and civilian populations.) WWII proved that this was a total misunderstanding of airpower: no country capitalulated due to bombing; civilian populations proved largely immune to bombing (air raid shelters, underground factories, dispersing people to the countryside.)
This isn't about stealing. (Score:4, Insightful)
Also, besides hindering the progress of art, they will also hinder the progress of science since most scientific advancements of today depend heavily on the use of computers. If computers are taken away (which they will have to be in order to get this level of control), then the copyright industry will be using copyright to hinder the progress of the useful arts and sciences.
However, since the ONLY reason that copyright exists is to promote the progress of the useful arts and sciences,what they're doing is blatantly unconstitutional. It's just that they can't come out and say that they want to control culture and prevent people from cmpeting with them by creating their own art, since they would get destroyed in the backlash. Maybe someday their internal notes and memos will come out and people will realize that this is about control and doing blatantly unconstitutional things to make money, not about stealing.
So what does this mean? This means:
Re:This isn't about stealing. (Score:3, Insightful)
While I agree, this is about control, it IS also about copying. They see copies around and feel that every copy is a copy someone might have paid for. Their region is money. They hate the idea that they might have lost one single sale.
Look at the VCR and how the industry felt about that.
Their "control" obsession has been around for years, and no-one's managed to break it... sadly, with the masses - sheep, cattle, whatever - I don't see it happening now...
Maybe one day though...
*sigh*
Re:This isn't about stealing. (Score:2, Insightful)
I actually don't believe this. But it sells *very* well. You've nicely encapsulated a way to describe a problem with the current copyright system without being forced to defend "piracy" (I share your reservations about that terminology).
I think closer to the truth is that the copyright industries truly are worried about copying as well as losing control, and that they're worried about the former more than the latter because it's the more immediate threat.
Anyway, althoguh I quibble about the details, I think your story is the rhetorical "goodcop" that the struggle for information freedom needs.
Bryguy
Re:This isn't about stealing. (Score:2)
I actually don't believe this.
Why ever not? It's the explanation that fits the evidence (the industry downplays the solution -- individual enforcement against individual violators -- that would attack illegal bootlegging without hurting independent producers and distributors, and insists upon measures -- e.g. Fritz-chipping -- that would require independent creators to buy an industry license so they can convert their product into a form accessible to the end user's computer).
Re:This isn't about stealing. (Score:1)
It's not a conspiracy at all (Score:1)
Lets go back in time a little with muscians. Do you think muscians were making any money in the 1800's? Heck no. But then there was this thing called radio. And then there was TV so you could see the beatles on Ed Sullivan. Elvis and the Beatles brought along the notion of a superstar. Then you get MTV, VH1, TNN, CMT, etc. Technology has done nothing but make more money for muscians. It helps propogate their music to more people. Minstrels to millionaires so to speak. Of course, an industry (RIAA) sprang up around it to protect the interests of musicians and much as you people don't want to hear it, thats what they are trying to do. Now, here's the rub.
The Internet
You can't reproduce a record cheaply, taping a tape loses quality. Who cares if you tape the Beatles on Sullivan or an MTV video. But you can easily copy a CD, you can easily share that ISO over the net, or even easier, share the MP3s. The RIAA could care less if pop if Britany is popular or Enya, all they care about is making sure the artists gets their money and they get their royalties. They aren't out to get us or control what we listen to, thats the record companies that want to push people signed to their labels.
The RIAA and MPAA are going to try anything they can to protect copyright and thus their interests. If technology continues the way it has, it instantly devalues all movies and music since you can so easily capture and distribute it. Muscians are forced to make their money at concerts since CD's no longer offer money. Their business model must change. The entire industry changes.
So if you're a millionaire, and you industry is on the verge of breaking apart, wouldn't you do everything you could to prevent that from happening to protect YOUR way of life? Not buying copyrighted material isn't the answer, since you won't get enough people to do that to make a difference. You need to change people SOCIALLY. How do you do that? I have no clue. But thinking that the copyright industry is out to get you is not the answer, they're just protecting themselves.
Re:It's not a conspiracy at all (Score:2)
The thing is with computers the only way they can continue to make lots of money is to control what we see and hear. I am not arguing that the control is their end purpose. Their end purpose is making as much money as possible. It's just that the only way to do that is to control everything. So, they are out to get me because they want to make money. I think we're in agreement about the money. I just have a different opinion about what kinds of strategies they want to use.
If you lived in an age where machines made it so that you could only protect copyright or freedom strongly, but not both. Which would you choose to protect strongly?
Re:It's not a conspiracy at all (Score:2)
it was actually far more likely for a musician to
find work than today.
Ballet and theatre companies did not use recordings,
they used orchestras. Dance halls and nightclubs
did not have jukeboxes and DJ's, they had bands.
Even playing music on a street corner, which will
most likely get you arrested today, was perfectly legal.
To the remaining points, the audio production industry does
create artificial barriers to entry into markets, but copyright control
does not have that much to do with it.
Re:This isn't about stealing. (Score:2)
If that were true, then why would the motion picture studios in Hollywood be leading the charge? Big Hollywood productions face no serious competition from people being able to make and distribute their own movies. Low-budget, small scale productions are a completely different art form than the big studio pictures.
It seems more likely that Hollywood's concern is that if people can see movies for free, they won't pay to see movies. You don't need to look any deeper than that for an explanation of their actions.
Re:This isn't about stealing. (Score:2)
You do have a point that Hollywood is concerned that people can see movies for free, this does not mean that they are not concerned that people can make and distribute their own movies.
Music is a lot closer to this, already you can record professional sounding music in a home studio where the entire equipment cost is significantly less than a major label artist will spend renting a studio.
For example, the Australian band Machine Gun Felatio's latest album was recored at home, Front End Loader's latest effort was self funded and recorded in small/cheap studios.
The two albums above have received high rotation on the national radio station Triple J. They both sound as good technically (heaps better musically) as any major label release I've heard lately.
Outlawing The Right to Read (Score:5, Informative)
CBDTPA & other such future laws will outlaw information sharing. They will forbid the fundamental right to share. It is very important to understand this process.
(1) "The Right to Read" by Richard M. Stallman.
http://www.fsf.org/philosophy/right-to-read.html [fsf.org]
(The important thing about this story is that it was written before the DMCA was even proposed!)
(2) "What's Wrong With Copy Protection" by John Gilmore.
http://cryptome.org/jg-wwwcp.htm [cryptome.org]
(3) "Re-evaluating Copyright: The Public Must Prevail" by Richard M. Stallman.
http://www.fsf.org/philosophy/reevaluating-copyri
What is copyright, and what is it meant to accomplish? How can we tell whether it is meeting its goals?
This was also written before the DMCA; Stallman argued that copyright law had _already_ gone too far.
(4) Sold Out, By James Boyle
http://www.wcl.american.edu/pub/faculty/boyle/sol
Re:Outlawing The Right to Read (Score:2)
Thank you for that link to John Gilmore's essay. It is certainly one of the most moving pieces I've read on the topic in a long time, and gives me a bit of hope, because 1) someone (Gilmore) wrote it and believes in it 2) you linked to it, and probably believe in it too. I've added it to the top of my list of suggested readings [neverending.org].
Business Model Hollywood/ Open Source =?. (Score:2, Insightful)
Re:Business Model Hollywood/ Open Source =?. (Score:2)
Open-source software companies, for instance, may
However, take a movie. What do you buy with a movie?
In a real (physical) theater, there are pretty much always snacks and drinks for sale, combined with a policy that says "don't bring your own", because that's where they hope to make their money. If, instead, you buy the equipment for a good home theater, you send your money to the supermarket (for the popcorn, drinks, et al) and to the appliance store (for the AV gear) -- but if you download the movie, then the content creator gets nada (since the studios generally aren't in the business of food or electronics... with the possible exception of Seagram, but I'm probably out of date on that one).
You're not going to buy tech support for a movie. "Hello? I just saw _Road to Perdition_, and I was interested in knowing whether you could help me repair a problem with my Thomson submachinegun."
A movie isn't necessarily going to induce
Re:Business Model Hollywood/ Open Source =?. (Score:1)
then again.. (Score:1)
While the open source movement, linux etc. are succeeding in gaining new converts, Arent the Opensource companies losing money with their business model? Do they not spend 2x the money on promotion than they get in actual revenue from their business model.
you what i said was that hollywood,opensource companies need a new business model, or an adaptation. I still think their is something similar between the two. what do you think?
Re:then again.. (Score:1)
Re:Business Model Hollywood/ Open Source =?. (Score:2, Interesting)
Observations (Score:4, Interesting)
b) These technological means would likely result in a considerable reduction in the flexibility of personal computers.
c) This "considerable reduction in flexibility" might preclude 100% open source operating systems, depending on the technology used. It stands to reason that open source and free software license compatibility is not the primary concern of the proponents of such legislation.
d) At the very least, this is likely to make it difficult to play movies and/or music with open source software, which will reduce the desirability of the software we've worked so hard to build.
e) This is unacceptable.
What are we going to do about it?
I can think of a few possibilities.
We could stop infringing copyrights, and convince the industry that the problem has been solved. Fat chance this'll happen.
We could implement a classic broad-based boycott, but history has shown that this only works until the next cool shiny DVD comes out.
We could convince our representatives to stop listening to the entertainment industry.
We could do nothing (or do things that amount to nothing, like sit around and gripe like I'm doing right now).
Something is going to happen, and it's probably going to suck unless we, a community of people who have a vested interest in preventing these things from happening, unite and implement an effective solution.
What'll it be?
-John
Re:Observations (Score:2)
Whats great though is that this is an election year in the US. I wish there was some sorta snappy campaign with t-shirts and bumper stickers that support industry freedom from Unconstitutional Hollywood DRM. Anyone making "Pro Tech Choice" style shirts, etc...?
I'm voting this November, and I'm looking at tech standpoints of my congressman! If you support Disney you can kiss my arse!
JOhn
Re:Observations (Score:1)
No!
You know, there is a difference between "Liberal" and "Democrat". The former is an ideological leaning; the latter is a political party affiliation. My family (VERY liberal) has voted for a Republican Congressman for many years. Why? Because he has a long record of helping education and the environment, etc. Similarly, if a bill is brought up by a Democrat that tries to curtail my freedoms (like this one), I will vote against it; and if a Democrat is owned by the big corporations (or is in other ways more conservative than another candidate), and I have any control over it, I will vote against him.
Be careful with your labels.
Dan Aris
Re:Observations (Score:4, Insightful)
The industry's problem is not that some people infringe copyrights. The industry's problem is that technology has made it practical for artists to produce and distribute their works independently. Don't use language that supports their scam of suppressing the latter under the guise of suppressing the former.
Re:Observations (Score:1)
Jesus Christ (Score:3)
Sweet fucking Jesus! This is incredibly stupid, counter-productive, and dangerous. Things wrong with your post:
1) Terrorism inevitably results in strong conservatism on the part of the terrorized. Killing members of the media cartel (without the backing of a full-out revolution) would horrify the public and lend gravitas to whatever the media execs say. ("We should outlaw piracy -- it's a gateway for murder.")
2) If anyone who (rightfully) hated the media execs actually killed anyone, they'd become a greater tyranny than the media execs themselves.
Your rights are being trampled on. Affect political change by lobbying your elected officials. If that doesn't work, elect new representatives. If that doesn't work, start a revolution to get a true democracy in power. Media execs should be prevented from stomping on free speech by law; the problem is with the laws, not that Jack Valenti draws breath.
I'm sure you meant this as a joke, but good god! This is how these things get out of hand.
DaveNET plan (Score:4, Informative)
They've started backing the Libertarian candidate [taragrubb.com] to replace one of the Congress critters backing this nonsense and now she's getting real media coverage and is given a chance to win.
We don't need to put up with these yahoos in DC. God knows they need us more than we need them, so let's get moving on replacing their bought and paid for asses.
I'm certainly doing my part [reedandwright.com]to spread the word.
Rustin
Re:DaveNET plan (Score:2)
I agree with the theoretical notion that if we all got involved we could elect better and even third party candidates, but the libertarian party isn't going to have enough appeal to most voters and will actually turn off many voters.
Re:DaveNET plan (Score:1)
So I ask again, what do you know about this race? What do you know about Coble? What do you know about Tara Grubb?
wanting to move to a city with a clue requirement,
Rustin
Re:DaveNET plan (Score:2)
As for facts specific to this particular situation, the last libertarian candidate got less than 9% of the vote. This leads me to believe that libertarian politics are weak and aren't really a big draw.
Even a recent News-Record column said that "success" for Grubb in this particular race would be 25% of the vote. This just demonstrates that she's a here-and-now, single-issue candidate who doesn't have any real backing or substance.
If you want you can cry now over her loss and move on and find something else to cry about later on, or you can keep investing false hope in a non-solution and be REALLY disappointed when she's back to temping at the mall.
Mod parent up please. I donated $20 to Tara (Score:1)
Okay its not much, but its a start.
History repeating itself (Score:4, Insightful)
Even the broadcast-flag technology failed to address an infinitely harder problem: how to stop people from using the Internet to spread movies from sources other than digital television. Disney used that limitation as an opportunity to reframe the debate.
I'm sure this point has been made before on some other similar article somewhere else, but I enjoy ranting and most posts do this too, so I'll speak my mind anyway :)
If one looks back in history 50 years, one will recall the 50's as a decade where Hollywood studios were in trouble, feared the television media for similar reasons as they fear the 'net today, and were reluctant to enter the new technology. The studios faced monopolistic charges (I'm recalling a John Lithgow PBS segment) and almost went bankrupt. They bit the bullet, embraced television, and Hollywood fared quite well.
Now, movie making and television have virtually merged thanks to Time Warner, Turner, etc (well for our purposes they have). They are not starving for cash these days, but they certainly are not embracing this new technology. They are rather attempting to control it and resist it, like in the 50's. What they must realize is that more people "pirating" means more people viewing their content. These then could be customers if the RIAA would embrace (I'm sick of that word too; homonyms?) the 'net, they could provide content from third party sites that they could control just like television. They would need some ad system which I am not going to try and pull out of my arse to gain the sites revenue, but I think it could work. Either that or a pay system, but because of who we're dealing with, it would have to be good.
My point (ah yes, there it is) is that if the big guns spent some of their budget for fighting the 'scourge' that is 'piracy,' they could at the very least have a better argument in court, if not a peaceable solution for everyone. All of you out there downloading m0vI3Z will have to give it up if anything but more rights being lost is to be acheived. They will win if you don't, and honest hackers and their rights will get screwed.
Re:History repeating itself (Score:3, Informative)
The first motion picture studios were in New York City, but they moved out to California to avoid paying licensing fees to Edison for his patents. They then avoided his lawsuits by going to
Mexico until the heat was off. (1 [stanford.edu])
Then in the late thirties antitrust lawsuits were attempted against the big eight leading to a consent decree between the studios and the justice dept. (we all know how effective those are
In 1948 a supreme court decision against the big eight for conspiracy forced them to sell their theater holdings and stop certain monopolistic practices such as block booking (requiring a theater to buy all the films they needed in a single package, hmm sounds a little like bundling).
The studio system and its opposition which forced the dissolution then both faded away leading to the rise of new monopoly structure.
(2 [cobbles.com])
My personal code (Score:3, Interesting)
Laws are neither good nor bad. Some apply to moral situations and some do not. For me, if a law is not enforced, it does not exist. For example if there is a stop sign in the middle of nowhere at night and there is no cop, then I can run the stop sign. As long as nobody is hurt. I broke the law, but I didn't hurt anyone and I didn't get hurt.
Here's where copyright gets in. I could care less what laws the government tries to pass. They can't enforce them on me. As we all do I'm sure, I have a rather large collection of mp3s. It's technically illegal, yes. But nobody is ever going to come and take me to jail for it. It's an unenforced law, so I refuse to obey it, since nobody is hurt.
As for unjust/unconstitutional laws I publicly disobey them on purpose, as we should all. The best way to fight an unconstitutional law is to break it. If you go to court, and the law is truly unconstitutional you can take your case up through the system until the power of judicial review is used to get the law off the books.
It is quite plain and obvious that new copyright laws are unconstitutional and unjust in many ways. And breaking these laws doesn't hurt anybody. Therefore I don't care what laws they make, I will not follow them. At the very worst I can become a martyr for the cause. (only I wont die).
I suggest we all stop moaning and groaning and repeating ourselves over and over again. When obviously innocent people start getting locked up then, and only then will there be a public outcry.
Remember we've taken advantage of every right the constitution gives us, except for the right of revolution. The fundamentals of our US government are sound and have lasted through time. We're going to have to have a revolution sometime, or technology will get ahead of the law and everything will fall apart.
Feel free to call me a nut.
Re:My personal code (Score:2, Insightful)
Bill Gates (Score:2)
Back then, if you were an author, your only protection was protecting your software with keys and other nasty copy protections. No one liked it. Mr. Gates fought for legal protection, stating the software industry would thrive with laws.
Somewhere between then and now it turned ugly with people who disagree with their vision of revenue being called "pirates." It would come down to a person who makes a backup copy of their own software would be suspected of raping and pillaging thousands of software authors of thousands of dollars.
The entertainment industry appears to be a great amplifier of this intellectual property madness. They wish consumers and the technology they buy to be a conduit for their business plan. It appears the label "pirate" has appeared on the other side of the coin these days.
They need a "control" (Score:2, Insightful)
Let me guess, they showed him start the download, then a smooth cut to hey presto here is the movie, cutting out the days or weeks between.
For a control, they should have had him download "men of Honor" and "Seinfeld" from a legitimate site he could buy it from.
Oh wait, despite the promise to do Video on Demand they never have. So there is NO "control" to compare this with and they have no idea if people would buy the product for a couple of $$ a download if they could get it legitimately from fast download servers.
All that shows is there is big demand, not that people wouldn't pay for downloads if they were available.
Scariest part? (Score:4, Insightful)
Isn't it scary to live in a nation, where the voice of the voting people are ignored?
When did democracy die?
Re:Scariest part? (Score:2, Insightful)
Re:Scariest part? (Score:3, Insightful)
ROFLMAO
Feudalism is a system where wealth and power are based on a limited comodity, land. Capitalism is a system where new wealth is created. If you bothered to look at the differences instead of parroting stale old leftist slogans you would find that Capitalism replaced Feudalism with a dynamic system where the "Wealthy" are an ever changing group. If your premise was true the wealthiest people in America would have names like Washington and Adams. Instead you find a constant pattern where the Wealthiest people are those who created thier own wealth, and most often rose out of the lower classes.
Re:Scariest part? (Score:1)
We should be thankful the large tech industry companies don't see these law proposals as only a method for killing their competitors.
Re:Scariest part? (Score:1)
Re:Scariest part? (Score:1)
Why the need to protect broadcasts? (Score:3, Interesting)
I don't get the obsession with protecting broadcasts.
Since they are transmitting to anyone with an antenna on their roof (while hoping that you will watch thier commercials), whats the big deal if teenager X records the latest episode of Buffy and shares it on the internet?
The only thing I can see is a lessening of the value of next day re-runs (with new commercials) since whoever missed it the first time it was broadcast can now get it of the internet at thier own leisure instead. And I don't think those constant re-runs of M.A.S.H are at danger, only the most hardcore Allan Alda fans will downlaod that.
I can see why HBO wants to protect their primetime movies, since they are a subscription based service. But according to the article, copy protection for cable has already been solved by that C5 group.
No, this is all about what the broadcasters have dreamed of since the invention of the VCR, regaining total control over the average Joe's television watching habits and killing those pesky Tivo devices that threat to kill their revenue model.
Also the point about noone ordering broadband because there's no high definition movies to download is just bull. The reason noone gets broadband today is because of bad service, crippled bandwith, download caps and monthly fees bordering to extortion.
Besides, downloading a DVD using a 2 mbit/s connection takes atleast 6 hours. Wow! Select a movie at breakfast, watch it for dinner. I don't think HBO needs to worry about competition from broadband anytime soon.
And in the side-scene we have the movie studios smiling with glee waiting for the broadcast industry to fix thier broken DVD standard with laws and regulations.
Re:Why the need to protect broadcasts? (Score:1)
DRM exists, but Hollywood isn't biting (Score:2)
Real Networks, Microsoft, and Apple have provided video players with built-in Digital Rights Management for years, but Hollywood doesn't seem to have any interest in providing movies in those formats. As of July 29 this year, Hollywood has donated [opensecrets.org] over $25 million to congresscritters. It would cost less than that to develop their own DRM protected software to download and play encrypted DVD images. If Hollywood won't sell movies on the internet protected with current DRM schemes, they have no plans to ever release movies on the internet.
Screw both industries (Score:2)
How Hollywood's brain works... (Score:1, Interesting)
So, in 6 months time, the shop shelves are full of uncopyable DVDs, priced at twice the price they are at the moment, to make up for the cost of development, and the fact that if the consumer doesn't have a choice, he'll pay, right?
How much money does Mr Average spend on DVDs? Guess what, it's the same as it was before. Why? Because Mr Average still earns the same he did before, and decent copy protection doesn't fill his wallet with money. So, fewer DVDs are sold. Hollywood is happy, because at least they are making more on each DVD.
However, in a further 6 months, audiences at the cinemas start to drop - oh no! Why on earth is that? Oh, right, because nobody has seen advance copies of the film, so they don't care to go and watch it.
So, Hollywood increases it's advertising budget to ram their latest films down your throat. Need to make those losses up, so DVD prices rise. Fewer are sold.
By now, economics of scale are being to fall apart - we're only pressing 20% of the DVDs we used to, so it's costing us more! Oh dear, OK, well we're wasting money pressing two or three different versions of each disc for different regions, and 50% of people have multi-region players anyway, so we're wasting money. However, the shareholders won't believe that, so let's just raise DVD prices.
Ooooh, more people going to the cinema, wonder why that is, is it because they can't afford DVDs? Nahhh, it's our increased advertising budget. So, now that people are happily watching our films, and not pirating them, let's increase ticket prices, hahahaha!!! Oh, and why are we wasting money shooting on 35mm, the general public is so used to DVD, they won't care if we switch to 16mm instead, save money, and flog new projectors to all the cinemas.
Oh yeah, let's devise a new soundsystem for the new film format, with 10 speakers, instead of 6. Also, let's patent it, and make it incompatible with everything else.
6 months pass...
So, all the cinemas are on the virge of bankruptcy, but at least they have the 16mm projectors and new sound system, that sounds rubbish because the cinemas are too small for a 10 speaker setup. Nevermind.
Anyway, increased ticket prices mean smaller audiences. NO!!!!! Quick, add the new sound system to DVDs, and increase the price. Flog people new DVD players, with uncrackable region encoding.
Nobody buys them... Hmmm - increase advertising budget, that's it!
And so it goes on...
Why not buy the Content Industry? (Score:2, Interesting)
Btw: has anyone ever thought about DRM? It's a weird system isn't it? A system designed to keep itself safe from its owner...
Re: (Score:2)
for a book length treatment (Score:2)
Danny.
A letter to Congress (Score:3, Insightful)
I am proud to be both your constituent and the owner of a small but
successful digital video studio. I have become very alarmed by recent
changes to U.S. copyright law, and the direction in which it seems to
be heading. The tremendous powers the law has granted to copyright
owners, particularly large film and music studios, are having a
deleterious effect on independent producers (such as myself) as well
as consumers of these media.
Under the pretense of combating music and film piracy, the major
U.S. recording companies and film studios have recently obtained legal
powers that extend far beyond the reasonable, limited monopoly
conferred by traditional copyright law. For example, the 1998 Digital
Millennium Copyright Act (DMCA) outlawed the creation of tools that
circumvent the copy-prevention systems now present in commercial VHS
tapes, newer audio CDs, DVDs, and other digital media. This provision
has hardly diminished the operations of music and film
pirates. Instead, the primary effect of the DMCA's anti-circumvention
provision has been to trample on ``fair use'' rights --- legal
allowances to duplicate copyrighted material for personal or
educational use. It is illegal to produce a device that circumvents
the copy-prevention system on VHS tapes or DVD discs, even if the
intended use is simply creating a personal back-up copy, excerpting
for academic purposes, or converting the media into an alternative
format (e.g. close-captioning for a hearing-impaired audience).
More significantly, small, independent producers are excluded from the
DMCA's protection, since most copy-prevention systems are only
available to the largest media studios (either due to high costs or
exclusive licensing arrangements). As an independent studio, we have
not seen any benefit from the DMCA. In fact, on several occasions we
have been forced to abandon projects because copy-prevention systems
barred us from duplicating materials, rights to which we had
properly and legally obtained!
I have learned of upcoming copyright initiatives that would further
worsen the situation. The Security Systems Standards and Certification
Act (SSSCA), introduced by Sen. Ernest Hollings at the behest of the
Disney Company and other large studios, would outlaw all digital audio
and video equipment that does not contain an integrated, tamper-proof
copy-prevention system. This measure would make life extremely
difficult for independent digital studios like my own, which have
thrived on the availability of cheap, flexible digital equipment for
editing (and thus necessarily duplicating) audio and video. Large
media companies will escape through an exception in the law for
``professional'' recording devices --- which will likely be priced
beyond the budget of a small studio. This is already the present
situation with VHS players: cheap ``consumer'' players by law must
incorporate the Macrovision copy-prevention system, while expensive
``professional'' players are excepted!
Thankfully the SSSCA was withdrawn, but mandatory copy-prevention
equipment appears in several other upcoming proposals. One such
measure is the Consumer Broadband and Digital Television Promotion Act
(CBDTPA), also to be introduced by Sen. Hollings. The Act's
supporters, all major media companies, claim that having
copy-prevention hardware in all digital TV equipment is necessary for
the widespread adoption of digital TV. I see no reason for this. Many
other media, like analog TV, radio, and the audio CD, have thrived
despite the absence of copy-prevention systems. My own studio has no
qualms about digital distribution channels that do not mandate
copy-prevention. One effect of mandatory copy-prevention equipment is
clear though: it will completely lock out independent artists and
studios who do not have the ability to encode their work with the
proper copy-prevention signals. I strongly suspect that this is
the true effect the established industry intends to create with the
CBDTPA.
In light of these facts, I urge you to take the following actions:
Oppose the further expansion of copyright powers. Pre-DMCA
copyright law was already strong enough to encourage the creation of
vast numbers of film, music, and literary works.
Do not support mandatory copy-prevention or ``content
protection'' systems, as embodied in such measures as the CBDTPA and
SSSCA. Media pirates will inevitably find ways around these
systems. Mandatory copy-prevention will only have the effect of
strengthening the established media monopolies at the expense of
independent studios, artists, and consumers.
Support the efforts of legislators such as Rep. Rick Boucher
(D-VA), who is working to scale back the Draconian provisions of the
DMCA and write ``fair use'' into law as a guaranteed right.
Support H.R. 5285 - the Internet Radio Fairness Act - which will
lower the unreasonably high music royalty rates imposed on independent
internet music broadcasters.
I can think of no better way to erode America's world leadership in
film, music, and digital media than to destroy the abilities of
creative artists to produce works, and of consumers to enjoy
them. Expanding the control of existing large media companies may lead
to higher short-term profits for them, but will surely cause severe
long-term hardship for all of us.
Support a Congressional Candidate (Score:1)
Are They Suing Phillips? (Score:2, Interesting)
They can manufacture dual-tray CD players with CD recorders built in, obviously for the purpose of copying a CD (albeit they would claim it's for creating "best of" CD's - yeah, right...) - and nobody dares sue them. Because if they stopped making CD players, the music labels would have no way to sell their product. And if DVDs and VCRs don't get made, movie studios won't get 40-60% of a movie's revenue coming from video rentals.
The movie studios and music labels need to be told to shut up and sit down by the people making their profits possible - the artists and the tech companies.
Without tech, there is no art - and that goes back to whoever mixed the first paints on the cave floor...
As a Canadian.. I am sorry... (Score:1)
Quoting, Seven in ten (69%) Canadians think that the United States, because of its policies and actions in the Middle East and other parts of the world, bear some of the responsibility for the terrorist attacks on them, while 15% indicate that they believe that the U.S. bears all of the responsibility.
The question is overly broad and thus meaningless, additionally the timing is both inconsidered and just a cheap way of creating news by bashing Americans. Supporting a soverign nation (Israel) in its struggle for acceptance and a right to exist, and deploying military forces in Saudi Arabia when asked, does not constitute a justification for the cowardly act of September 11th.
For more information, here is an article [globeandmail.com], but more importantly, I think we should all Ipsos-Reid what we think of their "make news bullshit by bashing Americans" at
John Wright [mailto]
Senior Vice-President
Ipsos-Reid Public Affairs
(416) 324-2900
To my American brothers, I am sorry for this type of survey, see to it that Ipsos-Reid doesn't do it again... Take the time, even if it is just a two-word email!
Disagreeing with Lessig (Score:2)
No! In fact, death is only a threat if the Content Cabals get their way. In that case, they will in all likelihood kill off (severely reduce) both Tech Sector profits and their own. On the other hand, if by some miracle they give up and grant their customers fair use rights to digital content, they will (contrarily) end up making more money than ever before.
Demonstrating this point is as easy as looking back at the last few distribution revolutions. VCRs? We've already got Valenti's famous serial-killer quote [cryptome.org], but thank goodness he didn't get his way - video rentals have been big business for the studios ever since the Supreme Court ruled the VCR legit.
Going back further: Were audio cassettes the bane that the music industry feared, way back in the age of disco when Home taping was killing music [counterpunch.org]? I didn't think so.
And prior even to that: Think television, think radio, think... the printing press. Did publishers make more money before, or after, Gutenberg?
Returning to the present age, is it even clear that Napster, that glorious window onto the world of music as a whole, undivided and beautiful and ever-surprising - was it indeed a bad thing, or was it perhaps free-marketing the music itself [slashdot.org]? And at the same time, oh look, those copy-protected CDs don't seem to be selling so good. [slashdot.org]
What I'm getting at here is that discussions of this issue often degenerate rapidly into an us-vs-them mentality. Which in a way makes sense, since the --AA's are a bunch of raving lunatics, who want to lock people up for sharing music [slashdot.org] after first DOS'ing their computers [slashdot.org]. But looked at from a different perspective, they're just lost sheep in need of some direction - a little guidance from those of us who actually live with, embrace, and explore the technological frontiers.
In other words, people paint the conflict as win-lose. But it's not: it's a choice we have, as a society: win-win, or lose-lose.
-Renard