OFF-TOPIC: Why Is DRM So Hated?

I posted an article earlier today about my early experiences with Windows Media Player 10 Mobile and DRM-protected content providers at BostonPocketPC.com. Amazingly, I have already started to receive e-mails of a rather... well - let's just say "distasteful nature". Even more amazingly, none of these e-mails have to do with whether or not the technology works, but that the mere existence of the technology is "fascist", "evil", "un-American", etc. It really makes me question why DRM is so hated - even if it can work.

As a software developer, I believe strongly in the protection of intellectual property if the author wishes. Yet there are those who persist in defending to ridiculous extremes the rights to have crackz and warez sites. The funny thing, though, is that there are some people out there who believe that while illegal software is wrong, DRM is an entirely different story. Guess what - IT'S NOT.

The goal of DRM is to protect against piracy of digital media. It is no different than protecting any other kind of intellectual property. To argue that using a pirated copy of Windows XP is wrong, but ripping a CD to BitTorrent and sharing it with the world is, at best, a really bad rationalization to help someone to sleep better at night. If an artist wishes to protect their intellectual property, it is their right.

I am perfectly open to accepting previous arguments regarding the implementation of DRM technology. Bottom line - many of them have flat-out sucked. Many still do. But for the first time on my part, I have seen a DRM strategy in Janus and Windows Media Player that might actually work. It is not perfect, mind you, but it is a step in the right direction (protecting author's rights while still providing consumer and content provider flexibility). The mere fact that I point this out to someone is the easiest way to determine whether or not they were simply hiding behind the "DRM doesn't work" mantra. I have actually demonstrated Janus in conjunction with Windows Media Player 10 Mobile to people, only to have them literally fly off the handle. I actually had someone accuse me of "rigging it up" 8-|

While I am at it, I better not forget the "Your a puppet of the <expletive deleted> RIAA" argument. Response - No, I am not.  Matter of fact, I probably agree with you on many things regarding the RIAA. Where I differ, however, is by saying that they have a right to protect their interests. Just not in the ridiculously over-zealous and absolutely misdirected way that they have (by and large).

Finally - there is the "slippery slope" DRM argument, which sums up to the possibility that we may some day not be able to copy music we purchase, even for use on our other devices. I don't disagree that the possibility exists. The current implementation of Janus DRM is dealing with this, however, and allowing for setting criteria for ripping to other devices. Could DRM be abused by, say, record labels? Of course it can. They could make it so that you could never copy music under any circumstance. Newsflash - They've been trying this already with flat-out copy-protection, mainly under the argument that DRM doesn't work. Ironic, isn't it - DRM makes strange bedfellows ;-) If a form of DRM can be proven to work, then it will be "put up or shut up time" for the record labels as well.

Look - you can argue about the implementation of DRM, the potential for abuse of DRM by content providers, the possible hassles that it might provide. But to argue that the concept of DRM is wrong is no better than arguing for legitimizing any other form of theft. If you want to attack the Janus/Windows Media Player 10 implementation of DRM, go right ahead. If you want, instead, to e-mail to personally attack me or the the concept of DRM, do me a favor - find someone who can waste time playing psychoanalyst to people who are desperately rationalizing. That's not me.  

Published Mon, Dec 20 2004 17:09 by Don
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Comments

# re: OFF-TOPIC: Why Is DRM So Hated?

Tuesday, December 21, 2004 5:20 PM by Don
Personlly i won't have a problem if DRM worked right.

which means i can purchase, say, a CD with hifi quality (mp3/wma doesn't cut it sorry) sound. This is my current sticking point, i have a goodish stereo (NAD know how to put together a stereo), i want to enjoy all the time and effort that has gone into creating the track, this stuff isn't there at 128bps on an mp3.
I want to play it at home, in my car, in my iPod, at work.
Hey, perhaps i like the CD, so i back it up incase the media gets scratched.
Also i want to own my music, so i can play it in 5 years time, i don't want to "rent" it. that model doesn't make sence to me. So i have to know that the media/format will be supported so i can dig out old albums and listern to them again. Open formats ensure this, with DRM you have to have faith in the creater of the DRM scheme, that they don't release V2 next year, then V3, then suddlenly V1 get cracked, so they stop supporting it. And your media collection is now worthless.

lastly i DONT WANT REGIONAL ENCODING. this is the dumbest thing to every come out. all that happens is anyone not in the US region finds they only have access to 2/3 of the movies, as the low volume DVD's don't get reencoded for the "smaller" regions. this annoys the h*ll out of me. luckly i have a cracked DVD drive which i can switch regions, and my DVD player is region 0 (all). I really hope the RIAA has learnt that lesson, but in my heart i feel they maynot.

in summary DRM requires you to TRUST the DRM overseer, and they don't have a good record here, to put it lightly. If I can be shown that my media collection is safe, that i will be able to use it for the next 10+ years, that i willl always have access to the music i own, THEN i would consider looking into it. but until that time I have CDs and DVDs (since it's cracked i consider it "open"). So any new scheme will have to offer benifits to cause me to change formats and invest in the players required, I don't see anything that offers vasly seperior benefits to offset these dangers.

riki

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, December 22, 2004 11:26 AM by Don
riki,

All good points. I have always believed that the "anti-DRM camp" falls into two distinct groups -

1) Those who are willing to accept a DRM strategy that actually works;
2) Those that are opposed to any DRM or copy protection ever.

Many folks in the latter category often use the former's rationale as a cover. I met a few of them via e-mail the other day when I suggested that Janus (while not perfect) was a step in the right direction.

I also agree that eventual widespread success must be oriented towards a more unified standard and abolition of things like regional encoding. I can't help but believe, BTW, that regional encoding is done for any interest other than the picture studio in order to control distribution. Unfortunately, all of this is like hoping for a unified standard in just about any technology area today. Just look at removable storage media. Last time I checked, I think we had used the entire alphabet for acronyms of storage media that were mostly variants of Secure Digital ;-) That being the case, as a consumer I would be most likely to chose those that implement the most flexible and beneficial DRM solution, and avoid the others (just like I would do for any other consumer technology).

On the "trust aspect"; I do think this will pan out based upon market drivers and consumers. If a content provider goes Draconian in their proptection of content, consumers won't buy product. This is the reason I think outright copy-protection will *never* work. There must be a DRM scheme that allows for what the market demands (your case of a backup is an example) as well as content providers implementing it properly.

In the end, it still comes back to whether or not the concept of DRM is acceptable. For most, I think it is - as long as it is implemented properly. For a lot of others, though, DRM seems to be a way of denying them what they believe to be their rights (even if they are undeniably illegal).

Funny - with all of the talk of the concept of DRM and implementations, it's the first time I've been able to say "Don't hate the game; hate the players" :-)

Don

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, December 22, 2004 1:07 PM by Don
This is a complex topic so I'll just give quick bullet points

=> DRM enforcement requires all components implement arbitrary rules. Think of making it illegal to have a bass/trebble control or even a volume control. Obviously those would be allowed because they are anticipated but innovation would have to be preapproved and that's like free speech as long as you don't say anything unapproved.

=> DRM means controls the use/interpretation of the bits. It goes against the purpose of temporary copyright and patent in giving the source of the bits control over derived value indefinitely and disallowing learning or adding value.

The concept itself is OK in moderation but it's hard to find a middle ground.

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, December 22, 2004 1:56 PM by Don
Bob,

Again - great observations!

On the enforcement - while I think I understand your point, isn't the arbitrary nature of the rules the actual benefit? In other words, leaving it up to the content provider to set forth "acceptable use" policies, then letting the market (consumers) either agree or disagree by purchasing/subscribing?

I still believe there is (unfortunately) room for abuse of DRM. A record label could say "no copying - period". Consumers could respond by saying "no purchasing - period". This has been the case with copyright schemes in the past. My point here is that without DRM, the extemes will always exist and attempts will be made to implement those with the excuse of "there's nothing better" serving as the justification.

I like to use the analogy of past eBook DRM schemes, of which I think many are far behind what Janus provides. The DRM schemes serve as the basis for many publishers to dismiss the prospect of digital media all together. The reality is that many publishers simply do not ever want to offer digital media as an alternative, simply because they believe that it will somehow diminish overall profitability. I know of at least one case where a publisher was demonstrated a reasonable DRM solution and basically reacted in a way not too far off of some of the e-mails I have received! Bottom line - their perceived self-interests were as extreme on one side as those who want the ability to freely distribute whatevere they want whenever they want are on the other side.

I think the biggest disservice in all of this goes not to the consumer or the content provider, but to the artist/author. The current situation has them either -

1) Watching profits slip because of consumer outrage at record labels/RIAA and copy-protection, or
2) Profits lost because someone buys one album, rips it and makes it available to the entire world using file sharing.

It *is* hard to find a middle ground, but I get concerned when some people take this (or any) reason as an opportunity to dismiss DRM altogether. If a DRM solution shows steps in the right direction, I feel that the next step should be "OK - let's find the issues and evolve". Instead, I'm hearing too much "It's not what I want - kill it". Each of the alternatives to DRM are far worse to at least one (if not more) of the parties involved. BTW - I don't consider the RIAA a party worth being overly concerned about here; there's too much water under the bridge AFAIK ;-)

Don

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, December 22, 2004 7:01 PM by Don
Don, agreed. I don't think there is anything inherantly wrong with the concept, it's down to how the content providers manage it.

As for trust, i'm not so sure. I don't see the market balancing out. the Record companies won't license out there works to formats that don't support the controls they want. At the moment they can do that and it doesn't much hurt them, perhaps this will change, but i'm not seeing much change at the moment. look at the prices of the tracks comparted to full albums, granted not the most fair comparason. I thought Napster and Apple were pritty much paying the same price per track, now Apple should be getting much better discounts due to volume, but they can't. The record companies pritty much set the price they will sell tracks at, they are making no money/a loss, which is OK as they make it back on iPods. Napster on the other hand don't. Look also at CDs in stores, where is there no discount online sellers of new CDs? The prices (at least here) are the same no matter where you buy them. The market isn't able to reward stores that reduce their prices.
Bottom line, I don't think the market has a good control over the Record companies. Hopefully i will be proved wrong, but i'm happy with CDs, they have ok duribility, great quality, great compatibility (so far), really my only issue with them is price, if they were, say, 2/3's the price i would buy alot more.

As you state whatever happens in the format wars needs to be unified, I'm not going to invest in a Sony Superbit player (bad example - but work with me) as the content isn't there.
And I'm not going to invest in tracks from Apples online store, as the player support isn't there. (granted it has the number one player on the market - but that doesn't reassure me, i can't play them on my hifi, with a _hifi_ player.

As for your points to bob, I personally don't believe in (2). A, the RIAA's profit drops are consistant with other entertainment industrys like cinema, B i'm unconvinced it's as bad as they say (didn't they post a record profit recently?), and most importantly:

i)The tracks i used to download were not things i'd buy.

ii)The number of CD's per month i purchased was the _greatest_ by far when i was downloading from P2P networks, i havn't been doing that recently, and as such my exposure to new music has hit the floor, which means my CD's per 2 months has dropped below 1. (it used to be 1/week ish). This drop isn't consistant with the number of listerning hours/week, which was only experenced a small drop off.

well back to the codeface,

riki

# re: OFF-TOPIC: Why Is DRM So Hated?

Thursday, December 23, 2004 10:47 AM by Don
riki,

I don't believe that everyone that downloads from a P2P network is intending to perform an illegal act. As a matter of fact, I believe that offering up a free track or two from an artist is a good marketing promotion for an album. Unfortunately, it is often illegal from a strict "letter of the law" perspective. And as long as that exists, organizations like the RIAA will have that as their finger-pointing rationalization to how bad *anything* other than outright copy-protection is.

While the prices are set by record labels (allowing for less competition from resellers), the consumer market has in the past had some influence on the record industry as a whole. It seems like only yesterday that the industry promised that CDs were cheaper to produce then cassettes and would reduce costs. Then they charged more for CDs. Then consumers stopped buying as much, and the prices eventually lowered. (BTW - I, too, am happy with the state of CDs. I fear, however, that someone is going to come up with a copy protection scheme soon that will make everyone's life miserable. Of course, this is part of the fuel of my DRM argument).

I am constantly amazed at how people who have achieved such success (as those in the record industry have) cannot understand the fact that alternative revenue streams (like digital music downloads) can *increase* overall revenues, much in the same way that Internet sales of their CDs have. Early studies are pointing out that people who have purchased whole albums in the past will by-and-large continue to do so. The ability to purchase a single track for an album will often lead people to listen to music that they might not have been inclined to do otherwise. If they like the artist, they still stand a strong likelihood of purchasing the album entirely.

BTW - I feel the same way about Sony and Apple. Proprietary formats to control consumers are no better than the record labels and copy protection. Uh oh - now I'm gonna have a whole bunch of Apple people e-mailing me. On second thought - don't they have to buy a new Apple computer in order to get that functionality? ;-)

Don

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, December 29, 2004 5:25 PM by Don
At first I was going to comment on my experiences with DRM (not good) but then thought of something that I believe is more important. I hope everyone will indulge my change of stance here and take this in the light it is intended.

(I'll probably get flamed for this but - here goes) At one time the RIAA was a very useful organization for consumers. They were the ones that developed and promoted the standards that made records playable on anyone's record player. Prior to that, you couldn't play Edison disks on a RCA for example. Later you were never quite sure if the record would sound right because each record company had their own scheme to compensate for linear velocity. Later still, stereo records were made compatible with everyone's stereo and monaural player. Granted, some early adopters got burned but, the RIAA stepped in and made things compatible so we could all enjoy the music. It's disturbing to think they've turned into something like Hitler's SS dragging 12 year olds and grandmothers into court.

If the RIAA were to ensure the files I buy today would play in the future and on the equipment I have at that time I would'nt mind DRM. I think there are a lot of people who agree with me. Call it what ever you want, we'd like some protection of our investment.

Bill B

# re:OFF-TOPIC: Why Is DRM So Hated?

Friday, April 15, 2005 11:15 AM by TrackBack
^_^,Pretty Good!

# re:OFF-TOPIC: Why Is DRM So Hated?

Wednesday, June 15, 2005 5:24 AM by TrackBack
OFF-TOPIC: Why Is DRM So Hated?ooeess

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# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, June 22, 2005 9:32 PM by Don
come accross a DVD player today and in the book says.

Options for playing DRM'd Content

Menu 1. Depending on the content this controls how many times
you can watch this moive

Now i thaught DRM was to stop Copyright/Piracy?
this isn't anything to do with copying or piracy this is streight out
controlism at it's best, you buy a 20 dollar DVD get it home
only to find out it can be played 3 times ???? this ins't piracy
this is turning out to having someone limiting you on how much
you can use ... the products you've just spent a full weeks money on
so why is DRM hated??? because this is just the tip of the ice berg
if there doing this now what will it be like in say 6 months time!

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, June 22, 2005 9:40 PM by Don
Addition:... to the above

Lets see... hmm lets see you come back to me with why anyone would
be interested in DRM after this example if you dare

i can go to p2p download a song which i can play 1000 times if i wanted,
copy it as many times as i wanted, play it on any device i wanted copy to and from any device i wanted, convert to any other file without hassle
know that i don't have to keep plugging my ipod back into the pc to renew the licence structure... and best of all it's totally free

or pay some idiots for DRM'd content where IM PAYING
for something i have limited access with, i.e. burning/copying/converting
i can't play this format on any device i want, and if i lose my job
or my internet goes down or i decide to cancel my subscription i lose
all my files i paid good money for???

Now please tell me which you'd rather have???

why don't they just scrap DRM they see now they've had 500 million
sales in online legal music so thats 500 milllion sales they wouldn't of had
we get the picture now gettin music for free is bad, but what choice do we have? with all the god damn restrictions in place, wouldnt it just
be easier to offer a music service where everyone gets un-protected music ? they can see the model is working now, i just dont understand why someone would sign upto these services that you pay 15 dollars a month for... and if u lose ur subscription u also lose the music it's insaine

# re: OFF-TOPIC: Why Is DRM So Hated?

Wednesday, June 22, 2005 9:43 PM by Don
lol i mean yea thats like buying a car you can only drive
when they tell you, but when they tell you u can now drive
your restricted to certain times, roads, motoways,
and when god forbid your car ever breaks down, you have to replace it
as it's illigal to go get it repaired or parts for it

would you put up with this? i know i wouldn't
so why are we putting up with DRM

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# re: OFF-TOPIC: Why Is DRM So Hated?

Thursday, June 23, 2005 9:20 AM by Don
what the hell is that gotta do with drm?

# re:OFF-TOPIC: Why Is DRM So Hated?

Friday, July 15, 2005 11:30 PM by TrackBack
OFF-TOPIC: Why Is DRM So Hated?ooeess

# re:OFF-TOPIC: Why Is DRM So Hated?

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OFF-TOPIC: Why Is DRM So Hated?ooeess

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