Why DRM is important to everyone
Published June 18, 2004
Cory (from over at Boing Boing) recently gave a talk to the coders at Microsoft about DRM (Digital Rights Management) and why DRM should be abandoned pretty much at the first available opportunity. The full text of his speech (with the occasional 3lite-speak here and there) can be found here.
It's a bit on the long side, but, trust me, it is absolutely worth your time to read. Just a quick sample --
Region-coded DVDs are an example of this: there's no copyright here or in anywhere I know of that says that an author should be able to control where you enjoy her creative works, once you've paid for them. I can buy a book and throw it in my bag and take it anywhere from Toronto to Timbuktu, and read it wherever I am: I can even buy books in America and bring them to the UK, where the author may have an exclusive distribution deal with a local publisher who sells them for double the US shelf-price. When I'm done with it, I can sell it on or give it away in the UK. Copyright lawyers call this "First Sale," but it may be simpler to think of it as "Capitalism."
The keys to decrypt a DVD are controlled by an org called DVD-CCA, and they have a bunch of licensing requirements for anyone who gets a key from them. Among these is something called region-coding: if you buy a DVD in France, it'll have a flag set that says, "I am a French DVD." Bring that DVD to America and your DVD player will compare the flag to its list of permitted regions, and if they don't match, it will tell you that it's not allowed to play your disc.
Remember: there is no copyright that says that an author gets to do this. When we wrote the copyright statutes and granted authors the right to control display, performance, duplication, derivative works, and so forth, we didn't leave out "geography" by accident. That was on-purpose.
So when your French DVD won't play in America, that's not because it'd be illegal to do so: it's because the studios have invented a business-model and then invented a copyright law to prop it up. The DVD is your property and so is the DVD player, but if you break the region-coding on your disc, you're going to run afoul of anticircumvention.
That's what happened to Jon Johansen, a Norweigan teenager who wanted to watch French DVDs on his Norweigan DVD player. He and some pals wrote some code to break the CSS so that he could do so. He's a wanted man here in America; in Norway the studios put the local fuzz up to bringing him up on charges of *unlawfully trespassing upon a computer system.* When his defense asked, "Which computer has Jon trespassed upon?" the answer was: "His own."
His no-fooling, real and physical property has been expropriated by the weird, notional, metaphorical intellectual property on his DVD: DRM only works if your record player becomes the property of whomever's records you're playing.
I truly think that if most people really understood the shenanigins that both the record industry and the movie business are trying to pull, there would be a great uprising against it.
This is why I spend as much time as I do writing on this subject. Thanks to Brad for the tip.
- Why DRM is important to everyone
- Published: June 18, 2004
- Type:
- Section: Sci/Tech
- Filed Under: Sci/Tech: Internet, Culture: Media, Sci/Tech: Software, Music: Business, Music: News, Video: Film and TV Business
- Writer: Casper
- Casper's BC Writer page
- Casper's personal site
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