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Do people really want DRM to go away? Or do they just want all of the
business malpractice surrounding it to go away? Or do they just want the
idea of intellectual property in artistic media to go away? These are the
things that reading blog posts, "articles" and the
Defective by Design ramblings,
leaves me to question. None of the arguments actually involve DRM as a
technology. They are all about how people don't own the music they
buy off of iTunes, or how you can't play the songs you buy off iTunes on
other devices than the iPod. Apple has
always claimed that iTunes is purely a loss leader to sell the iPod. You
cannot use content purchased from the iTunes store on another device, and
you can't use DRM protected content purchased from a competing store, on
the iPod, not due to DRM, but due to the fact that iTunes and the iPod are
not fully DRM compliant. They contain enough DRM to satisfy what Apple wants
to do with them, and not what you want. So, I wrote this entry to point out
a few flaws with the whole anti-DRM scene's arguments.
Ownership
One of the foremost arguments against DRM is often
that of ownership. One often likes to believe that anything they pay for, is
something they own outright. However, there is a problem with this concept as
it relates to intellectual property. When you pay for intellectual property,
you are paying for a service, and not for goods. These services may be
delivered via goods, such as a musical performance on a CD, however. But
buying a CD is pretty much the same as buying a DRM protected AAC from the
iTunes Music Store. You're paying for the privelege to listen to recorded
music, and not the ownership of the music itself. You still do not have the
rights to go and redistribute the contents of the CD in another format. You
can't make copies and give them away to your friends. You can't broadcast
the music over the radio or internet. Fair Use does dictate, however, that
you may make a back-up copy for your personal use. It allows you to convert
the CD to digital format so that you can listen to the music on your iPod,
Rio, Walkman, or other device. What is interfering with this right to fair
use, is the iTunes software, and not the DRM technology.
Inability to Re-Download
Another argument I see come up often, is the
inability to re-download purchased music from the on-line store. Again, this
is no different than buying a CD from Target
or anywhere else. If your CD acquires scratches over time, or you lose it,
you can't just go to the store and pick up another copy for free. You must
purchase another CD. If you lose your copy of the downloaded music file from
the iTunes store or wherever you bought it from, and you don't have a back-up,
you're going to have to go buy another copy. But guess what. At about 1 USD
per song, the average album is cheaper to replace when purchased in
digital format. That's right, CHEAPER. And to top it off, the tracks
are separate, so if you lose only one, you only have to buy one, and not the
entire CD again.
DRM Violates Privacy
Again, this is just blatently false. There is
absolutely nothing in the DRM 2.0 specification requiring software to violate
a user's privacy. In fact, the specification is totally open, and is based
on other open specifications. The specification does allow for extensibility
in the format and protocol, which malicous developers could use to violate
your privacy, but this is not a malice of DRM itself.
Digital Restrictions Management
Just more political propaganda here. With DRM, you
can actually protect the content on your devices, and it helps to prevent
people from stealing your personal data. DRM is a great technology for letting
users encrypt and secure their own data, on a per-file basis, helping to
prevent data-theft. The term restriction only applies to DRM in the sense that
it allows you to restrict the rights of others to view your data, through the
means of encryption and secure certificate authentication. The fact that some
vendors restrict your rights as they do, and label it with the term DRM, is
just a contribution to the confusion factor here. What they are using is not
accurately labelled, and does in fact restrict users, and violate Fair Use.
This is vendor lock-in, not DRM. This is what people have been complaining
about Microsoft doing.
All in all, I agree with the arguments against Apple and others, who are in
fact violating the privacy of users, their rights to Fair Use, and confusing
the public with the term DRM, when all they are doing is classic vendor
lock-in techniques. I for one want DRM to be available for me to peruse. I
want to be able to secure my content and data from theft. And I want to be
able to view and listen to the content that I have acquired through stores and
the internet, on any of my devices. Does this mean I should boycott DRM? No.
It means I should boycott Apple. It means I should boycott other vendors that
use similar techniques to prevent me from viewing or listening to the data
that I paid them for the privelege to view. It means that the
Defective by Design argument, is
ironically, defective by design. They shouldn't be passing out flyers and
spreading useless propaganda. What they should be doing is organizing a
class-action lawsuit against the companies implementing vendor lock-in, in
this way. This is the same crap we (the world) have been taking Microsoft to
court for, for the past decade.
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