Cameron as Future Avatar of Film Industry

For some months now, I've been touting "Avatar" as a good example of how the film industry should be concentrating on enhancing the experience of watching films *in the cinema* - something that no copied DVD can reproduce - thus making unauthorised copies pretty much into marketing devices that encourage people to go to the cinema for the full experience.

It seems that one person who gets this is James Cameron himself:

He said the music industry made a critical mistake by trying to stop piracy instead of innovating to give consumers new experiences that the industry could use to generate more money.

"The music industry saw it coming, they tried to stop it, and they got rolled over," he said. "Then they started suing everybody. And now it is what it is."

Instead, Cameron said he has tried to innovate to give movie goers a reason to go to theater. And in creating a rich, "reinvigorated cinema experience," Cameron said he discovered that people are willing to pay money to experience the same content in different ways. Not only are they willing to pay $10 or more to see Avatar on the big screen in 3D, but they also will pay to own the DVD and to take it with them on their phone or portable device.

"People are discriminating about the experience," he said. "They want to own it, have it on a iPhone when they want it, and they want the social experience of going to the cinema. These are really different experiences. And I think they can all co-exist in the same eco-system."

Cameron said the fact that people are still going to the theater to see Avatar now nearly four months after it was released supports his conclusion. He said he has had several discussions with the movie studio trying to figure out when to release the DVD of the movie. Typically DVD's are released after the film has left movie theaters. But he said since people are still going to see the movie in the theater, they decided to release the DVD next month with the movie still playing in some cinemas. The movie will also be available soon on iTunes.

What a perfect summary of what can be done, and what should be done. Let's hope Cameron is the future of cinema - at least in this respect.

Follow me @glynmoody on Twitter or identi.ca.

Brazil to Allow Private Copying and Mashups

I always said Brazil was a civilised country:

O MinC proporá que a cópia privada de qualquer tipo de obra digital seja permitida sem a autorização expressa ou remuneração ao titular para uso privado e desde que seja apenas um exemplar, além de permitir o uso do conteúdo original em outra mídia que não aquela que o consumidor comprou originalmente.

Na prática, quem comprou um DVD ou um CD poderá criar uma cópia de backup para uso próprio ou então poderá repassar o filme ou as músicas para o computador, trocando o suporte físico (como o disco plástico do CD ou DVD) pelo digital (esteja o arquivo em MP3, WMA e OGG ou AVI e MPEG).

...

A reforma prevê ainda "a utilização (...) de pequenos trechos de obras preexistentes, sempre que a utilização em si não seja o objetivo principal da obra nova e que não prejudique a exploração normal da obra reproduzida", dando respaldo legal à criação de mashups musicais ou visuais.

[Via Google Translate: The MinC propose that private copying of any digital work is permitted without the express permission or compensation to the owner for private use and provided that only one copy, and allows the use of original content in other media than the one that consumer originally purchased.

In practice, those who bought a DVD or CD can create a backup copy for personal use or you can pass on the movie or the music to your computer, changing the physical medium (such as the hard plastic of the CD or DVD) to digital (whether the file to MP3, WMA and OGG or AVI and MPEG).

...

The reform also provides for "(...) the use of short extracts from existing works, where the use itself is not the main purpose of new work and does not prejudice the normal exploitation of the work reproduced, giving legal backing to the creation of mashups music or visual.]

(Via Remixtures.)

DVD Copying Software is "Illegal", but Copying?

In a decision that shows how ridiculously unclear the situation around copying DVDs is:

A federal judge ruled here late Tuesday that it was unlawful to traffic in goods to copy DVDs.

U.S. District Judge Marilyn Hall Patel’s ruling came in a decision in which she declared RealNetworks’ DVD copying software was illegal. She barred it from being distributed.

Patel said the RealDVD software violates the Digital Millennium Copyright Act of 1998 that prohibits the circumvention of encryption technology. DVDs are encrypted with what is known as the Content Scramble System, and DVD players must secure a license to play discs. RealDVD, she ruled, circumvents technology designed to prevent copying.

But the decision, although mixed, left open the door that copying DVD’s for personal use “may well be” lawful under the fair use doctrine of the Copyright Act, although trafficking in such goods was illegal.

Making backup copies etc. is so eminently reasonable that it needs spelling out by the courts. Paradoxically, not spelling it out is worse for the film industry, since the boundary of what is and is not (morally) acceptable are ill-defined, letting people make it up as they go along.

The Library as Knowledge Commons

When the going gets tough, the tough...go to the library:

Fewer people bought books, CD’s, and DVD’s in 2008 than in the year before. The number of moviegoers and concertgoers shrank last year, too, though rising ticket prices in both cases offset declining sales. Theater attendance, overall, is also down.

We usually hear about these declines in isolation. But taken together, they seem to suggest that cultural pursuits across the board are on the decline. Indeed, if nobody seems to be out buying books, movies, and music, what are they doing with their leisure time instead?

Apparently: going to the library. The Boston Globe reports that public libraries around the country are posting double-digit percentage increases in circulation and new library-card application

This highlights the *increased* importance of intellectual commons like libraries during times of financial hardship, when people can't afford to own so much stuff. It also suggests why we need support libraries through thick and thin.

Flash of Inspiration

One of the many flashes of insight that the Asus Eee PC has provided me with is that DVDs are dead. The Eee PC has no CD/DVD drive, but lets you plug in both USB drives and flash memory of suitably capacious volumes: who needs spinning bits of plastic when you can have totally poised transistors doing the work?

It seems someone else has had the same flash of inspiration:

AN IRISH OUTFIT, PortoMedia, is to open kiosks at which people can download the latest films straight onto a flash memory card in less than a minute.

The kiosks, in shopping centres or stations, will have up to 5,000 films available for rent or sale using a PIN number.

All punters need do in order to buy or rent a flick is to plug in their memory device, a key bought from the company resembling a standard USB, enter a PIN code, and then when they arrive home, connect the device into a dock attached to their TV and hey presto! Movie madness!

Galway-based PortoMedia reckons that a standard-definition film can be transferred to the card in 8 to 60 seconds, depending on the feature's length and the chip's speed.

Open Hardware: Soon to be Boring

The New York Times has a feature on the Neuros OSD (for open source device):

The Neuros OSD connects to your TV or home theater system and allows you to archive all of your DVD and video content.

Plug the Neuros OSD into your TV, connect your DVD Player or VCR, and hit play. Your movie will be safely and legally transferred into a digital library! It works with home movies too. Just plug your video camera into the OSD, push play, and your memories are digitized.

With the Neuros OSD, you can store hundreds of hours of video in one location (like an external hard drive), get rid of those bulky cases, put an end to DVD damage, and instantly access any of your videos with the push of a button on a remote. You can even transfer your video content to a portable device (video iPod, PSP, mobile phone, etc.) to watch on the go, or email your home movies to friends and family.

It runs GNU/Linux (of course) and Samba, but also features hackable hardware, as detailed on the company's wiki (where else?).

What's remarkable about all this is not so much that a company should be adopting openness in both hardware and software (though that's good), but that it should be pointing out the fact that it is doing so, and that the New York Times picked it up. That open meme is certainly spreading.

MPAA Jets in To Spread Some Cinematic Fantasy

When are these people going to get a clue?

Motion Picture Association of America (MPAA) president Dan Glickman is today lobbying UK film minister Margaret Hodge, advisers to prime minister Gordon Brown and the UK Film Council to make camcorder recording in cinemas a criminal offence, FT.com reports.

I have no time for idiots who try to record films in cinemas - but they aren't the problem. As Michael Geist noted, when he was rebutting a similar attempt to force stupid laws on Canada, earlier research has shown it's mostly the film industry itself that is to blame:

77% of these samples appear to have been leaked by industry insiders. Most of our samples appeared on file sharing networks prior to their official consumer DVD release date. Indeed, of the movies that had been released on DVD as of the time of our study, only 5% first appeared after their DVD release date on a web site that indexes file sharing networks, indicating that consumer DVD copying currently represents a relatively minor factor compared with insider leaks.

Criminalising the use of camcorders will simply be one more stupid piece of legislation, one more thing the police and legal system don't need, and one more paranoid response to a non-problem.

So MPAA, do us all a favour: save your fantasy world-views for the silver screen.

Fake or Fact?

This is really cool.

A little while back I wrote about Ed Felten's generator of 128-bit numbers. Lots of people were using this to "claim" certain numbers - just like the AACS people were misguidedely trying to do. It turns out that one of those numbers claimed there was really the next AACS key that can be used to unlock DVDs. Fiendishly cunning or what?

DVD-Unlocking in Europe Ruled Lawful

I'd seen this decision, but missed its broader significance:

A Finnish Court has unanimously ruled that the Content Scrambling System (CSS) computer code, which unlocks DVD movies, is lawful in Europe. The decision was a first to interpret the legality of DVD decoding software under the 2001 European Copyright Directive.

...

What is so exciting about this week’s Finnish Court decision is that it will apply throughout the European Community, since it was an interpretation of the EU-wide Copyright Directive’s definition of the key term “effective” in Article 6. If CSS is not an “effective” technological protection measure regulated by the directive, then its decryption is lawful throughout the European Community.

Moreover:

Besides applying across the EU, European experts believe this ruling will apply across media platforms and not restricted only to DVDs.

I always said those Finns were an intelligent bunch.

Seeing Things from a Different Perspective

I first saw Kurosawa's Rashomon about 25 years ago. That whole world of black-and-white Japanese films produced in the 50s, 60s and 70s really made a huge impact on me at the time. They certainly changed the way I viewed cinema, and as a knock-on effect the way I viewed the world (well, bits of it, at least). So discovering that Rashomon is not only available as a download, but is free and in the public domain, got me thinking.

I presume this gift is a result of copyrights expiring - it was released in 1950 (that's one benefit of watching the classics). Which maybe means that plenty of other great films could be made available in this way (Mizoguchi, please, please, please). But imagine if even more recent films were available - think of the impact this would have people's understanding of the medium, and their view of it.

It's practically impossible to see these works nowadays, and pretty difficult even to buy them (Mizoguchi in particular seems badly served). Presumably this is because there's not much demand for such works. Which means, of course, that the copyright owners, whoever they are, would lose practically nothing if they released them now. Indeed, if they released them in a format suitable for downloading and viewing on PCs - that is, not super-high quality - they would probably start selling high-quality DVDs rather well.

Which rather puts copyright terms, to say nothing of extending them, in a different perspective. (Via Open the Future.)

Last Night a DVD Saved My Life

Last night, my Windows 2000 box died. To be fair, it was nothing to do with Windows, but a dodgy hard disc. And yes, of course I have backups...it's just that they're not entirely up-to-date, and missing even a few days' data is a pain. I could re-install Windows and hope that gave me access to my data (stored on a separate partition), but this would take a few hours that I don't have, and might not work. Luckily there's a better way.

Booting up the PC with the Knoppix 5.0 Live DVD inside produced not only a working machine in a couple of minutes, with access to all of my data, but a cool 5000 programs at my beck and call. Including K3b, which meant that I could simply burn copies of the data I was missing. Problem solved.

Thanks, Knoppix: you're a gent.

The World's First Open Source Man

The genome – the totality of DNA found in practically every cell in our body - is a kind of computer program, stored on 23 pairs of biological DVDs, called chromosomes. Within each chromosome, there are thousands of special sub-routines known as genes. Between the genes lie stretches of the main program that calls the subroutines, as well as spacing elements to make the code more legible, and non-functional comments – doubtless deeply cool when they were first written – that have by now lost all their meaning for us.

DNA's digital code – written not in binary, but quaternary (usually represented by the initials of the four chemicals that store it: A, C, G and T) – is run in a wide range of cellular computers, using a central processing unit (known as a ribosome), and with various initial values and time-dependent inputs supplied in a special format, as proteins. The cell computer produces similarly-formatted outputs, which may act on both itself and other cells.

Thanks to a far-sighted agreement known as the Bermuda Principles, the digital code that lies at the heart of life is freely available from three main databases: one each in the US, UK and Japan. As a result, the DNA that was obtained through the Human Genome Project is open source's greatest triumph.

But so far, no human genome can be said to represent any single human being: that of the Human Genome Project is in fact a composite, made up of a couple of dozen anonymous donors. But soon, all that will change; for the first time, the complete genome of a single person will be placed in the public databases for anyone to download and to use, creating in effect the world's first open source man.

His name is Craig Venter, and for nearly two decades he has been simultaneously revered and reviled as one of the most innovative researchers in the world of genomics. He was the person behind the company Celera that sought to sequence the human genome before the public Human Genome Project, with the aim of patenting as much of it as possible. Fortunately, the Human Genome Project managed to stitch together the thousands of DNA fragments it had analysed – not least thanks to some serious hardware running GNU/Linux – and to put its own human genome in the public domain, thus thwarting Celera's plans to make it proprietary.

A nice twist to this story is that it turned out that Celera's DNA sequence was not, as originally claimed, another composite, but came almost entirely from one person: Craig Venter himself. So his latest project is in many ways simply the completion of this earlier attempt to become the first human with a fully-sequenced genome. The difference now, though, it that it will be in the public databases, and hence accessible by anyone.

This will have profound consequences. Aside from placing his DNA fingerprint out in the open – which will certainly be handy for any police forces that wish to investigate Venter – it means that anyone can analyse his DNA for anything. At the very least, scientists will be able to carry out tests for genetic pre-dispositions to all kinds of common and not-so-common diseases.

So it might happen that a laboratory somewhere discovers that Venter is carrying a genetic variant that has potentially serious health implications. Most of us will be able to choose whether to take such tests and hence whether to know the results, which is just as well. In the case of incurable diseases, for example, the knowledge that there is a high probability – perhaps even certainty – that you will succumb at some point in the future is not very useful unless there is a cure or at least a treatment available. Venter no longer has that choice. Whether he wants it or not, others can carry out the test and announce the result; since Venter is a scientific celebrity and a public figure, he is bound to get to hear about it one way or another.

So while his decision to sequence his genome might be seen as the ultimate act of egotism, by choosing to publish the result he will in fact be providing science with a wonderfully rich resource - the complete code of his life - and at some considerable risk, if only psychological, to himself.

Welcome to the 20th Century

Region coding on DVDs is an old throwback to when the world was disconnected, and different parts of it could go their merry ways. But since the arrival of that curious thing called the Internet, we all live in the same county, which makes country codes pointless.

Alas, somebody forgot to tell the DVD Forum, who look likely to push through the same stupid approach for HD DVDs. Good job nobody is buying them. (Via the Reg.)

To DRM or Not to DRM - That is the Question

Digital Rights Management - or Digital Restrictions Management as Richard Stallman likes to call it - is a hot topic at the moment. It figured largely in an interview I did with the FSF's Eben Moglen, which appeared in the Guardian last week. Here's the long version of what he had to say on DRM:

In the year 2006, the home is some real estate with appliances in it. In the year 2016, the home is a digital entertainment and data processing network with some real estate wrapped around it.

The basic question then is, who has the keys to your home? You or the people who deliver movies and pizza? The world that they are thinking about is a world in which they have the keys to your home because the computers that constitute the entertainment and data processing network which is your home work for them, rather than for you.

If you go to a commercial MIS director and you say, Mr VP, I want to put some computers inside your walls, inside your VPN, on which you don't have root, and you can't be sure what's running there. But people outside your enterprise can be absolutely certain what software is running on that device, and they can make it do whatever they think necessary. How do you feel about that? He says, No, thank you. And if we say to him, OK, how about then if we do that instead in your children's house? He says, No, thank there either.

That's what this is about for us. User's rights have no more deep meaning than who controls the computer your kid uses at night when he comes home. Who does that computer work for? Who controls what information goes in and out on that machine? Who controls who's allowed to snoop, about what? Who controls who's allowed to keep tabs, about what? Who controls who's allowed to install and change software there? Those are the question which actually determine who controls the home in 2016.

This stuff seems far away now because, unless you manage computer security for a business, you aren't fully aware of what it is to have computers you don't control part of your network. But 10 years from now, everybody will know.

Against this background, discussions about whether Sun's open source DRM solution DReaM - derived from "DRM/everywhere available", apparently - seem utterly moot. Designing open source DRM is a bit like making armaments in an energy-efficient fashion: it rather misses the point.

DRM serves one purpose, and one purpose only: to control users. It is predicated on the assumption that most people - not just a few - are criminals ready to rip off a company's crown jewels - its "IP" - at a moment's notice unless the equivalent of titanium steel bars are soldered all over the place.

I simply do not accept this. I believe that most people are honest, and the dishonest ones will find other ways to get round DRM (like stealing somebody's money to pay for it).

I believe that I am justified in making a copy of a CD, or a DVD, or a book provided it is for my own use: what that use is, is no business of the company that sold it to me. What I cannot do is make a copy that I sell to someone else for their use: clearly that takes away something from the producers. But if I make a backup copy of a DVD, or a second copy of a CD to play in the car, nobody loses anything, so I am morally quite justified in this course of action.

Until the music and film industries address the fundamental moral issues - and realise that the vast majority of their customers are decent, honest human beings, not crypto-criminals - the DRM debate will proceed on a false basis, and inevitably be largely vacuous. DRM is simply the wrong solution to the wrong problem.

Splog in a Box?

A long time ago, in a galaxy far away - well, in California, about 1994 - O'Reilly came out with something called "Internet in a Box". This wasn't quite the entire global interconnect of all networks in a handy cardboard container, but rather a kind of starter kit for Web newbies - and bear in mind that in those days, the only person who was not a newbie was Tim (not O'Reilly, the other one).

Two components of O'Reilly's Internet in a Box were particularly innovative. One was Spry Mosaic, a commercial version of the early graphical Web browser Mosaic that arguably began the process of turning the Web into a mass medium. Mosaic had two important offspring: Netscape Navigator, created by some of the original Mosaic team, and its nemesis, Internet Explorer. In fact, if you choose the "About Internet Explorer" option on the Help menu of any version of Microsoft's browser, you will see to this day the surprising words:

Based on NCSA Mosaic. NCSA Mosaic(TM); was developed at the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign.
Distributed under a licensing agreement with Spyglass, Inc.

So much for Bill Gates inventing the Internet....

The other novel component of "Internet in a Box" was the Global Network Navigator. This was practically the first commercial Web site, and certainly the first portal: it was actually launched before Mosaic 1.0, in August 1993. Unfortunately, this pioneering site was later sold to AOL, where it sank without trace (as most pioneers do when they are sold to AOL: anybody remember the amazing Internet search company WAIS? No, I thought not.)

Given this weight of history, it seems rather fitting that something called Boxxet should be announced at the O’Reilly Emerging Technology Conference, currently running in San Diego. New Scientist has the details:

A new tool offers to create websites on any subject, allowing web surfers to sit back, relax and watch a virtual space automatically fill up with relevant news stories, blog posts, maps and photos.

The website asks its users to come up with any subject they are interested in, such as a TV show, sports team or news topic, and to submit links to their five favourite news articles, blogs or photos on that subject. Working only from this data, the site then automatically creates a webpage on that topic, known as a Boxxet. The name derives from “box set”, which refers to a complete set CDs or DVDs from the same band or TV show.

As this indicates, Boxxet is a kind of instant blog - just add favourite links and water. It seems the perfect solution for a world where people are so crushed by ennui that most bloggers can't even be bothered posting for more than a few weeks. Luckily, that's what we have technology for: to spare us all those tiresome activities like posting to blogs, walking to the shops or changing television channels by getting up and doing it manually.

It's certainly a clever idea. But I just can't see myself going for this Blog in a Box approach. Perhaps I over-rate the specialness of my merely human blogging powers; perhaps I just need to wait until the Singularity arrives in a few years time, and computers are able to produce trans-humanly perfect blogs.

What I can see - alas - are several million spammers rubbing their hands with glee at the thought of a completely automatic way of generating spurious, self-updating blogs. Not so much Blog in a Box as Splog in a Box.

(B)looking Back

I wondered earlier whether blogified books were bloks or blooks, and the emerging view seems to be the latter, not least because there is now a Blooker Prize, analogous to the (Man)Booker Prize for dead-tree stuff.

I was delighted to find that the Blooker is run by Lulu.com, discussed recently by Vic Keegan in the Guardian. Lulu is essentially micro-publishing, or publishing on demand: you send your digital file, they send the physical book - as many or as few copies as you like. You can also create music CDs, video DVDs and music downloads in the same way; Lulu.com handles the business end of things, and takes a cut for its troubles.

Nonetheless, the prices are extremely reasonable - if you live in the US: as Vic points out, the postage costs for books, for example, tend to nullify the attractiveness of this approach for anyone elsewhere in the world, at least from a financial point of view. But I don't think that this will be a problem for long. For Lulu.com is the brainchild of Bob Young, the marketing brains behind Red Hat, still probably the best-known GNU/Linux distribution for corporates.

I emphasise the marketing side, since the technical brains behind the company was Marc Ewing, who also named the company. As he explained to me when I was writing Rebel Code:

In college I used to wear my grandfather's lacrosse hat, which was red and white striped. It was my favourite hat, and I lost it somewhere in Philadelphia in my last year. I named the company to memorialise the hat. Of course, Red and White Hat Software wasn't very catchy, so I took a little liberty.

Young, a Canadian by birth, was the perfect complement to the hacker Ewing. He is the consummate salesmen, constantly on the lookout for opportunities. His method is to get close to his customers, to let them tell him what he should be selling them. The end-result of this hands-on approach was that he found himself in the business of selling a free software product: GNU/Linux. It took him a while to understand this strange, topsy-turvy world he tumbled into, but being a shrewd chap, and a marketeer of genius, he managed it when he finally realised:

that the one unique benefit that was creating this enthusiasm [for GNU/Linux] was not that this stuff was better or faster or cheaper, although many would argue that it is all three of those things. The one unique benefit that the customer gets for the first time is control over the technology he's being asked to invest in.

Arguably it was this early understanding of what exactly he was selling - freedom - that helped him make Red Hat the first big commercial success story of the open source world: on 11 August 1999, the day of its IPO, Red Hat's share went from $14 to $52, valuing the company that sold something free at $3.5 billion.

It also made Young a billionaire or thereabouts. He later left Red Hat, but has not lost the knack for pursuing interesting ideas. Even if Lulu.com isn't much good for those of us on the wrong side of the Atlantic, it can only be a matter of time before Bob listens to us Brit users (to say nothing of everyone else in the world outside the US) and puts some infrastructure in place to handle international business too.

VIIV, DRM, and Fair Use: the Big One

The ever-acute Doc Searls reports on the CES keynote from Intel CEO Paul Otellini. Given Searls' position as an alpha blogger, it was inevitable that this was a live, minute-by-minute blog - and yes, it did include the obligatory moan about the missing WiFi connection.

But what is really important about this posting is that it makes plain VIIV's role as the platform that broadcasters and music companies - with indispensable help from a willing Intel and Microsoft - will use in their latest attempt to take complete control of content.

I already knew in 2000 that all this was coming. I knew because Eben Moglen, the legal brains behind the free software movement, and an extremely wise, articulate and modest man, told me so when I was writing Rebel Code:

Let's think of the Net for a change as a collection of pipes and switches, rather than thinking of it as a thing or a space.

There's a lot of data moving through those pipes, and the switches determine who gets which data, and how much they have to pay for it downstream. And of course those switches are by and large what we think of as digital computers.

The basic media company theory at the opening of the twenty-first century is to create a leak-proof pipe all the way from production studio to eyeball and eardrum. The switch that most threatens that pipe is the one that at the end. If the switch closest to your eyeball and eardrum is under your complete technical control, the whole rest of the aqueduct can be as leak-proof as you like, and it won't do them any good. And the switch is under your control, of course, if the software is free software.

So for the great VIIV plan to work, free software has to be shut out from the equation. This means no DVDs, no DRM for GNU/Linux - for the simple reason that truly free software always gives you the possibility of evading the software controls that are in place.

And for those of you who say, well, provided we have our traditional fair use rights, what's the problem? - this is the problem. Draft US legislation would effectively freeze your rights to existing technologies: had this been the case in the past, you would not have fair rights to burn MP3s from your CDs, or even videotape TV programmes.

There is no halfway house in this coming war, no compromise position: either you hand carte blanche to the film and music industries to decide what you can do with the content you buy, or else you fight for the right to decide yourself.

This is the Big One.