Spore? 'S Poor....

Don't you just love the smell of spontaneously-combusting DRM in the morning....?

Appassionato about Passionato

By now, it's evident that the old model of music distribution is irredeemably broken. This has led to various attempts to offer download services, but most of them have been horribly half-hearted, with one or more fatal flaws (and that includes iTunes, whose use of DRM means that it just doesn't cut the mustard.)

Against that background, I can only wonder at Passionato, a new online service for the world of classical music - it's gets just about everything right:

Passionato's aim is to become the world's most comprehensive online classical resource and offer classical music lovers the largest available collection of high-quality DRM-free classical music downloads. Passionato provides access to catalogues from the two largest major labels (Universal Music and EMI Classics) as well as the key independent classical labels including Naxos (the biggest independent), Chandos (one of the premier British independent labels), Avie and Arts.

Designed for classical music lovers, Passionato's main features are: DRM-free recordings, transferable to any portable device and burnable to CD; high audio quality downloads (320kbps DRM-free MP3 and lossless FLAC); access to free software the Passionato Player specifically developed to help organise users' existing Classical CDs alongside tracks purchased through the Passionato Store; an unprecedented level of recording information which users benefit from when they download a track, work or album, and when they import their own CD libraries to their computers; the ability to search Passionato's recordings using over 20 fields, including by work, composer, conductor, venue and recording engineer.

Passionato does not employ any DRM (Digital Rights Management) technology. This means your purchase allows you to transfer your downloaded audio files to your portable player, CDs and other media for personal use. Purchase does not include file transfer for commercial purpose.

Not only no DRM, but high-quality MP3 *and* lossless FLAC format - just what audiophiles love.

The site is still a little rough at the edges, and the prices are rather on the high side, but those are details that can be dealt with later: the core ideas look spot on. I hope the new service thrives - not least so that it can act as an example to others who have less of a clue.

OpenSim: Virtual Worlds Without DRM

OpenSim. the open source platform based on Second Life's protocols, is shaping up nicely. Here's more evidence of intelligent life in outer (virtual) space:

Frisby and Levine also backed an intellectual property scheme for OpenSim very different from Second Life’s. In Second Life, objects can be set with flags like “no-copy” by their creators, which Linden’s servers enforce. But numerous exploits to Second Life’s copy-protection model are known, and brazen theft abounds in Second Life.

In OpenSim, by default, no copy protection will exist at all. “You cannot know what a foreign piece of software will do with a piece of digital content once it receives it,” Levine said. To insert a digital rights management tool into OpenSim is to invite criminal hackers to find ways to circumvent it and undermine the credibility of the software, he argued.

Opening up Symbian – Good or Bad for Linux?

On Open Enterprise blog.

Of Books, Sharing and the First Sale Doctrine

Here's a short but poignant meditation on the centrality of sharing to the joy of books:

Ultimately, I do not much care whether these books are paper or made of some other less organic substance, whether substrates and electrons, or plastic polymers. Instead what matters is that we are able to share books with each other; in return for the gift of spreading delight, a wait of days and the cost of media rate shipping are very modest penalties.

Whatever digital (ebook) books look like in the future, if they do not embody the right to share, in an unrestricted and platform independent manner, they will be poorer things.

This is called the first sale doctrine. It's part of why people love books -- a love built from sharing. It's what makes libraries possible. A world where content is licensed, and sold with restrictions on use, is a world less full of enthusiastic readers; less full of love.

To any publisher who sees the wisdom of DRM: don't.

(Via The Patry Copyright Blog.)

I'm Sorry Dave, I'm Afraid I Can't Do That

Windows users, welcome to your future:

Some users of Windows Vista Media Center say they were blocked from recording the NBC Universal TV shows American Gladiator and Medium on Monday night.

"Restrictions set by the broadcaster and/or originator prohibit recording of this program," the error message read.

DRM: The Gift that Keeps on Taking

Now, people, aren't you really glad you bought DRM'd music:

Customers who have purchased music from Microsoft's now-defunct MSN Music store are now facing a decision they never anticipated making: commit to which computers (and OS) they want to authorize forever, or give up access to the music they paid for. Why? Because Microsoft has decided that it's done supporting the service and will be turning off the MSN Music license servers by the end of this summer.

...

This doesn't just apply to the five different computers that PlaysForSure allows users to authorize, it also applies to operating systems on the same machine (users need to reauthorize a machine after they upgrade from Windows XP to Windows Vista, for example). Once September rolls around, users are committed to whatever five machines they may have authorized—along with whatever OS they are running.

Good job nobody's upgrading to Vista, anyway.

Amazon the Bellwether

On Open Enterprise blog.

Adobe Flash - Now with Added Evil

Another reason to hate Flash:

Now Adobe, which controls Flash and Flash Video, is trying to change that with the introduction of DRM restrictions in version 9 of its Flash Player and version 3 of its Flash Media Server software. Instead of an ordinary web download, these programs can use a proprietary, secret Adobe protocol to talk to each other, encrypting the communication and locking out non-Adobe software players and video tools. We imagine that Adobe has no illusions that this will stop copyright infringement -- any more than dozens of other DRM systems have done so -- but the introduction of encryption does give Adobe and its customers a powerful new legal weapon against competitors and ordinary users through the Digital Millennium Copyright Act (DMCA).

(Via Techdirt.)

Embarrassed by DRM

Here's a telling comment:

The point behind all this is, of course, to conceal the very existence of DRM from the user – Microsoft is so keen on this that it won't use the term itself at all. The vast majority of iTunes users have no idea their content is being "protected" through Apple's FairPlay DRM, and while a vocal minority seem to be driving the music world away from DRM'd music, it's hard to imagine Hollywood (or Bollywood) being so keen on sharing their labours.

Ergo, we need to shout about the presence of DRM from the rooftops: the more people know about it, the more they will dislike it, as Microsoft well understands....

DRM For Libraries?

This is a very bad precedent:

the BPL [Boston Public Library] has launched a new service powered by a company called OverDrive. The system gives BPL patrons access to books, music, and movies online -- but only if they use a Microsoft DRM system.

There are lots of problems with the introduction of this system: it bars access to users of GNU/Linux and MacOS and creates a dependence on a single technology vendor for access. These are important issues, certainly. The worst problem, however, is much more fundamental.

By adopting a DRM system for library content, the BPL is giving OverDrive, copyright holders, and Microsoft the ability to decide what, when, and how its patrons can and cannot read, listen, and watch these parts of the BPL collection. They are giving these companies veto power over the BPL's own ability to access this data -- both now and in the future. Cryptographically, BPL is quite literally handing over the keys to their collection. In the process, they are not only providing a disservice to their patrons. They are providing a disservice to themselves.

Libraries should be about opening people's minds, not closing off their collections.

Michael Geist on a Misleading Microsoft

The Hill Times this week includes an astonishingly misleading and factually incorrect article on Canadian copyright written by Microsoft.

So says Canadian Copyright Crusader Michael Geist.

Why is that interesting? Because it shows that Microsoft regards copyright as within its purview. Which also indicates why people in the open source world need to stand up for copyright rights around the world: it's all connected.

Get Creative with Creative Content Online

The European Commission wants your help:

On 03/01/2008, the Commission adopted a Communication on Creative Content Online which launches further actions to support the development of innovative business models and the deployment of cross-border delivery of diverse online creative content services.

The transfer of creative content services to the online environment is an example of major systemic change. Building on the results of the 2006 consultation process, while complementing the initiatives already undertaken in the context of the i2010 strategy, the Commission intends to launch further actions to support the development of innovative business models and the deployment of cross-border delivery of diverse online creative content services.

That's good; less good is that among the four challenges are two where the Commission has got it all wrong:

Interoperability and transparency of Digital Rights Management systems (DRMs) - Technologies allowing management of rights in the online environment can be a key enabler for the content sector's digital shift and for the development of innovative business models - especially with regard to high value content. As lengthy discussions among stakeholders did not yet lead to the deployment of interoperable DRM solutions, there is a need to set a framework for transparency of DRMs regarding interoperability, by ensuring proper consumer information with regards to usage restrictions and interoperability.

Legal offers and piracy - Piracy and unauthorised up- and downloading of copyrighted content remains a central concern. It would seem appropriate to instigate co-operation procedures ("code of conduct") between access/service providers, right holders and consumers in order to ensure a wide online offer of attractive content, consumer-friendly online services, adequate protection of copyrighted works, awareness raising/education on the importance of copyright for the availability of content and close cooperation fight piracy/unauthorised file-sharing.

DRM is a dying model; the idea of trying to make such a dinosaur technology compatible across the EU is bonkers. Even worse is the thought that ISPs should be policing content, or that we should be brainwashing children to chant the multifaceted marvellousness of intellectual monopolies. Time to get those word-processors sharpened....

Getting Going with Gowers

The Gower Review was an important document for the UK. It offered a thoughtful and rigorous analysis of the current copyright situation there, and looked at some of the problems the new digital world has with current copyright legislation. It also made a number of pretty sensible recommendations - even if it chickened out of calling for a reduction in some copyright terms, which Gowers himself admits that pure logic calls for.

Now we have the question of how that Review will be implemented. To move things on, here's a consultation document from the UK Government asking for people's views.

The main issues it considers are how to:

* enable schools and universities to make the most of digital technologies and facilitate distance learning;

* allow libraries and archives to use technology to preserve valuable material before it deteriorates or the format it is stored on becomes obsolete;

* introduce a format shifting exception to allow consumers to copy legitimately purchased content to another format, for example CD to MP3, in a manner that does not damage the interests of copyright owners; and

* provide a new exception for parody.

Specifically, it asks how those exceptions should be implemented. And I have to say, it does that with real intelligence. The questions it poses, soliciting input, are spot-on in terms of exploring the ramifications of copyright changes. I thoroughly recommend a slow perusal of the main document, since it provides a wonderful introduction to the thorny issues that copyright in the digital age must deal with.

None is thornier than DRM. Again and again in this document, questions arise about how people can be given the ability to derive the full benefit of copyright material when DRM gets in the way - and to what extent they should be allowed to circumvent it.

Of course, my answer is simple: get rid of the whole damn lot. Even a year or two that might have seemed radical or utopian, but with nearly all the main record labels embracing that strategy - and the film companies about to begin their own slow slouch towards Bethlehem - I think it will soon be seen as the best and most sensible thing to do.

Quote of the Day: Erik Huggers

It is my personal goal to use my industry knowledge and foresight to help the BBC create escape velocity and become the world’s leading media organization in the digital age - Erik Huggers

Industry knowledge?. Riiight.

Microsoft: Certifiably Certifiable

Of course, Microsoft's Zune is also certified for Windows Vista, just not certified for Windows Vista so it won't play back the same protected files.

Confused? You will be.

The (I)Meem They've Been Waiting for

The music industry has finally found an online music model it can live with:

Imeem, a social networking site that was in the recording industry's crosshairs earlier this year for allowing file-sharing on its network, has pulled off an impressive feat. This summer it settled its lawsuit with Warner Music by promising to give Warner a cut of advertising revenues from the site. Now the Wall Street Journal is reporting that it's signed similar deals with all four major labels, meaning that Imeem is now the first website whose users have the music industry's blessing to share music for free.

But wait, even though it's a streaming site, it's not actually much different from all the download sites the music industry professes to hate:

it's quite easy to download music files from Imeem using third-party tools. And because Imeem's site doesn't use DRM, Imeem downloading tools are probably legal under the DMCA. So what we have here is the de facto legalization of Napster-like sites, as long as the record labels get a cut of the advertising revenue. It's an exciting development, albeit one that should have happened seven years ago.

Nokia: Hollywood's Lapdog, and People's Enemy

Somewhat naively I thought that Nokia was a savvy company on the side of light - maybe because it's Finnish; but I was wrong, it seems:

Nokia has filed a submission with the World Wide Web Consortium (W3C) objecting to the use of Ogg Theora as the baseline video standard for the Web. Ogg is an open encoding scheme (On2, the company that developed it, gave it and a free, perpetual unlimited license to its patents to the nonprofit Xiph foundation), but Nokia called it "proprietary" and argued for the inclusion of standards that can be used in conjunction with DRM, because "from our viewpoint, any DRM-incompatible video related mechanism is a non-starter with the content industry (Hollywood). There is in our opinion no need to make DRM support mandatory, though."

...

Nokia intervention here is nothing short of bizarre. Ogg is not proprietary, DRM is, and DRM-free may be a "non-starter" for Hollywood today, but that was true of music two years ago and today, most of the labels are lining up to release their catalogs without DRM. The Web, and Web-based video, are bigger than Hollywood. The Web is not a place for proprietary technology or systems that take over your computer. For Nokia (and Apple, who also lobbied hard for DRM inclusion) to get the Web this badly wrong, this many years into the game, is really sad: if you haven't figured out that the Web is open by 2007, you just haven't been paying attention.

Time to cross Nokia off the Christmas card list, then.

DRM in the Analogue World

DRM is normally viewed as an issue in the world of digital content, which can be duplicated losslessly. But in this virtuosic post, Mike Masnick points out that it also exists in an analogue context in the form of noncompete agreements, which seek to prevent ideas being copied perfectly:

just think of noncompetes as the "DRM" of human capital. Just as DRM tries to restrict the spread of content, a noncompete seeks to restrict the spread of a human's ideas for a particular industry within the labor arena. Both concepts are based on the faulty assumption that doing so "protects" the original creator or company -- but in both cases this is incorrect. What it actually does is set up an artificial barrier, limiting the overall potential of a market. It may not be easy to see that from the position of the content creator or company management (or investors). It's natural to want to "protect," but it's actually quite damaging.

...


While it may seem easier to "protect" your ideas and your people, what you really end up doing is blocking off your own access to many of the ideas that you need to continue to innovate. You limit the vital mix of ideas to build not just decent products, but great products. Just as DRM has helped to destroy the record labels when competing against more nimble, more open technology -- noncompetes destroy businesses when competing against more nimble, more open technology clusters.

Brilliant.

Why the BBC Does Not Get It

I came across this gem from the BBC Internet blog:

Even the beleaguered iPlayer – forget the issues, who can quibble that in making virtually all main programming available on demand, within a seven day window, over IP, for free is anything other than a breakthrough for the public good?

Me - I can "quibble". The point is that the programming is *not* made available for free: it is imprisoned in Windows DRM. Which means that it is a vector for that DRM: it spreads both lack of freedom and Windows itself by forcing people to install that system.

It is not "a breakthrough for the public good", even if the programming on its own would be: the long-term price paid in terms of establishing Windows-only DRM as the obligatory rights manager for on demand multimedia more than outweighs the short-term benefits of some content, however well made that may be. "Forget the issues" is not an option if we wish to safeguard our future freedom. This is what the BBC seems unable to grasp.