- From: Alan Kotok <kotok@w3.org>
- Date: Tue, 23 Jan 2001 13:45:48 -0500
- To: www-drm@w3.org
Forwards deleted... ... > >Date: Thu, 18 Jan 2001 17:06:07 -0800 >From: John Gilmore <gnu@toad.com> >To: cryptography@c2.net >Cc: Ron Rivest <rivest@theory.lcs.mit.edu>, gnu@toad.com >Subject: What's Wrong With Content Protection > >Ron Rivest asked me: > >>I think it would be illuminating to hear your views on the differences between >>the Intel/IBM content-protection proposals and existing practices for content >>protection in the TV scrambling domain. The devil's advocate position against >>your position would be: if the customer is willing to buy extra, or special, >>hardware to allow him to view protected content, what is wrong with that? >There is nothing wrong with allowing people to optionally choose to buy >copy-protection products that they like. > >What is wrong is when people who would like products that simply record >bits, or audio, or video, without any copy protection, can't find any, >because they have been driven off the market. By restrictive laws like the >Audio Home Recording Act, which killed the DAT market. By >"anti-circumvention" laws like the Digital Millennium Copyright Act, which >EFF is now litigating. By Federal agency actions, like the FCC deciding a >month ago that it will be illegal to offer citizens the capability to record >HDTV programs, even if the citizens have the legal right to. By private >agreements among major companies, such as SDMI and CPRM (that later end up >being "submitted" as fait accompli to accredited standards committees, >requiring an effort by the affected public to derail them). By private >agreements behind the laws and standards, such as the unwritten agreement >that DAT and MiniDisc recorders will treat analog inputs as if they >contained copyrighted materials which the user has no rights in. (My >recording of my brother's wedding is uncopyable, because my MiniDisc decks >act as if I and my brother don't own the copyright on it.) > >Pioneer New Media Technologies, who builds the recently announced recordable >DVD drive for Apple, says "The major consumer applications for recordable >DVD will be home movie editing and storage and digital photo storage". They >carefully don't say "time-shifting TV programs, or recording streaming >Internet videos", because the manufacturers and the distribution companies >are in cahoots to make sure that that capability NEVER REACHES THE MARKET. >Even though it's 100% legal to do so, under the Supreme Court's _Betamax_ >decision. Streambox built software that let people record RealVideo streams >on their hard disks; they were sued by Real under the DMCA, and took it off >the market. According to Nomura Securities, DVD Recorder sales will exceed >VCR sales in 2004 or 2005, and also exceed DVD Player-only sales by 2005. >(http://www.kipinet.com/tdb/1000/10tdb04.htm) So by 2010 or so, few >consumers will have access to a recorder that will let them save a copy of a >TV program, or time-shift one, or let the kids watch it in the back of the >car. Is anyone commenting on that social paradigm shift? Do we think it's >good or bad? Do we get any say about it at all? > >Instead, consumers will have to pay movie/TV companies over and over for the >privilege of time-shifting or space-shifting. Even if they have purchased >the movie, and it's stored at home on their own equipment, and they have >high bandwidth access to it from wherever they are. This concept is called >"pay per use". It can't compete with "You have the right to record a copy >of what you have the right to see". These companies can't eliminate that >right legally, because it would violate too many of the fundamentals of our >society, so they are restricting the technology so you can't EXERCISE that >right. In the process they ARE violating the fundamentals on which a stable >and just society is based. But as long as society survives until after >they're dead, they don't seem to care about its long-term stability. > >What is wrong is when companies who make copy-protecting products don't >disclose the restrictions to the consumers. Like Apple's recent happy-happy >web pages on their new DVD-writing drive, announced this month >(http://www.apple.com/idvd/). It's full of glowing info about how you can >write DVDs based on your own DV movie recordings, etc. What it quietly >neglects to say is that you can't use it to copy or time-shift or record any >audio or video copyrighted by major companies. Even if you have the legal >right to do so, the technology will prevent you. They don't say that you >can't use it to mix and match video tracks from various artists, the way >your CD burner will. It doesn't say that you can't copy-protect your OWN >disks that it burns; that's a right the big manufacturers have reserved to >themselves. They're not selling you a DVD-Authoring drive, which is for >"professional use only". They're selling you a DVD-General drive, which >cannot record the key-blocks needed to copy-protect your OWN recordings, nor >can a DVD-General disc be used as a master to press your own DVDs in >quantity. These distinctions are not even glossed over; they are simply >ignored, not mentioned, invisible until after you buy the product. > >It isn't just Apple who is misleading the consumer; it's epidemic. Sony >portable mini-disc recorders only come with digital INPUT jacks, never >digital OUTPUTS. Sound checks in -- but only checks out in low-quality >analog formats. Intel touts the wonders of their TCPA (Trusted Computing >Platform Architecture). You have to read between the lines to discover that >it exists solely to spy on how you use your PC, so that any random third >party across the Internet can decide whether to "trust" you -- the owner. >TCPA isn't about reporting to YOU whether you can trust your own PC (e.g. >whether it has a virus), it doesn't include that function. It exists to >report to record companies about whether you have installed any software >that lets you make copies of MP3s, or any free software to circumvent >whatever feeble copy-protection system the record company uses. Intel is >pushing HDCP (High Definition Content Protection) which is high speed >hardware encryption that runs only on the cable between the computer and its >CRT or LCD monitor. The only signal being encrypted is the one that the >user is sitting there watching, so why is it encrypted? So that the user >can't record what they can view! If the cable is tampered with, the video >chip degrades the signal to "analog VCR quality". > >Intel is also pushing SDMI and CPRM (Content Protection for Recordable >Media) which would turn your own storage media (disk drives, flash ram, zip >disks, etc) into co-conspirators with movie and record companies, to deny >you (the owner of the computer and the media) the ability to store things on >those media and get them back later. Instead some of the stored items would >only come back with restrictions wired into the extraction software -- >restrictions that are not under the control of the equipment owner, or of >the law, but are matters of contract between the movie/record companies and >the equipment/software makers. Such as, "you can't record copyrighted music >on unencrypted media". If you try to record a song off the FM radio onto a >CPRM audio recorder, it will refuse to record or play it, because it's >watermarked but not encrypted. Even when recording your own brand-new >original audio, the default settings for analog recordings are that they can >never be copied, nor ever copied in higher fidelity than CD's, and that only >one copy can be made even if copying is ever authorized (if the other >restrictions are somehow bypassed). Intel and IBM don't tell you these >things; you have to get to Page 11 of Exhibit B-1, "CPPM Compliance Rules >for DVD-Audio" on page 45 of the 70-page "Interim CPRM/CPPM Adopters >Agreement", available only after you fill out intrusive personal questions >after following the link from http://www.dvdcca.org/4centity/ . All Intel >tells you that CPPM will "give consumers access to more music" >(http://www.intel.com/pressroom/archive/releases/aw032300.htm). Lying to >your customers to mislead them into buying your products is wrong. > >What is wrong is when scientific researchers are unable to study the field >or to publish their findings. Professor Ed Felten of Princeton studied the >SDMI "watermarking" systems in some detail, as part of a public study >deliberately permitted by the secretive SDMI committee, so they could >determine whether the public could crack their chosen schemes. (SDMI would >not allow EFF to join its deliberations, saying that we had no legitimate >interest in the proceedings because we weren't a music company or a >manufacturer. There are no consumer or civil rights representatives in the >SDMI consortium.) Prof. Felten was in the New York Times last week, saying >the SDMI people and Princeton's lawyers are now telling him that he can't >release his promised details on what was wrong with these watermarking >systems, because of the Digital Millennium Copyright Act. It's OK to tell >the SDMI companies how easy it is to break their scheme, but it isn't OK to >tell the public or other scientific researchers. > >What is wrong is when competitors are unable to build competing devices or >software, vying for the favor of the consumers in the free market. Instead >those devices are banned or threatened, and that software is censored and >driven underground. Such as the open-source DeCSS and LiViD DVD player >programs. Such as DVD players worldwide that can play American "Region 1" >DVDs. EFF spent more than a million dollars last year in defending the >publisher of a security magazine, and a Norwegian teenager, from movie >industry attempts to have them censored and jailed, respectively, for >publishing and writing competing software that lets DVDs be played or copied >but does not follow the restrictive contracts that the movie studios imposed >on most players. The movie studios spent $4 million on prosecuting the New >York case alone. Few or no manufacturers are willing to put ordinary >digital audio recorders on the market -- you see lots of MP3 *players* but >where are the stereo MP3 *recorders*? They've been chilled into >nonexistence by the threat of lawsuits. The ones that claim to record, >record only "voice quality monaural". > >What is wrong is when the controls that are enacted to protect the rights >reserved under copyright are used for other purposes. Not to protect the >existing rights, but to create new rights at the whim of the copyright >holder. Movie companies insisted on a "region coding" system for DVDs, >because they would make less money if DVD movies were actually tradeable >worldwide under existing free-trade laws. (They couldn't charge high >theatre ticket prices if the same movie was simultaneously available on >DVDs, and they couldn't combine the ad campaigns of the theatres and the >DVDs if they waited a long time between releasing it to theatres and >releasing it to DVDs.) This system results in the situation where a >consumer can buy a DVD player legally, buy a DVD legally, and put the two >together, and the movie won't play. The user has every legal right to view >the movie, but it won't play, because if it did, movie companies might make >less money. Similar controls exist in DVDs to prevent people from >fast-forwarding past the ads or those nonsensical "FBI Warnings". > >Microsoft built some deliberately incompatible protocols into Windows 2000 >so that competing Unix machines could not be used as DNS servers in some >circumstances. Microsoft released a specification but only under an >encrypted file format that claimed to require that readers agree not to use >the information to compete with them. When someone decrypted the trivial >encryption WITHOUT agreeing to the terms, Microsoft threatened to use the >DMCA to sue Slashdot, the popular free-software news web site, who published >the results. (Luckily for us, Slashdot has a backbone and said "go ahead, >we'll defend that suit" and Microsoft chickened out.) Copyright doesn't >grant the right to prevent competition, or to restrict global trade -- but >somehow the legislation that was enacted to protect copyrights is being used >to do just those things. > >What is wrong is when social policy is created in smoke-filled back rooms, >between movie/record company executives and computer company executives, not >by open public discussion, by legislatures, and by courts. The CPRM >specification, for example, allows a distributor of a bag of bits (who has >access to software with this capability) to decide that future recipients >will not be permitted to make copies of that bag of bits. Or that two >copies are permitted, but not three. This policy is not legally enforceable, >it was not created by law. The law says something different. But the policy >will be enforced by equipment built by all the major manufacturers, because >they will be sued by the movie/record companies if they dare to build >interoperating equipment that lets consumers make THREE copies, or copies >limited only by their legal rights. Is it unexpected that such back-room >policies end up favoring the parties who were in the room, at the expense of >consumers and the public? > >What is wrong is when the balance between the rights of creators and the >rights of freedom of speech and the press is lost. Because any increase in >the rights of creators is a DECREASE in the public's right of free speech >and publication. Whenever copyrights are extended, the public domain >shrinks. The right of criticism, the right to dispute someone else's >rendition of the truth, is damaged. The First Amendment gives an almost >absolute right to publish; the Copyright clause gives a limited right to >prevent publication by others. Any expansion of the right to prevent >publication diminishes the right to publish. For example, nothing that was >created after 1910 has entered the public domain, because as the years went >by, the term of copyright kept getting extended. But the copy-rights >created by technological restrictions are not even designed to end. There >is nothing in the SDMI or CPRM spec that says, "After 2100 you will be >permitted to copy the movies from 1910". > >What is wrong is that a tiny tail of "copyright protection" is wagging the >big dog of communications among humans. As Andy Odlyzko pointed out, >(http://www.research.att.com/~amo/doc/eworld.html, see "Content is not king" >and "The history of communications and its implications for the Internet"), >"The annual movie theater ticket sales in the U.S. are well under $10 >billion. The telephone industry collects that much money every two weeks!" >Distorting the law and the technology of human communication and computing, >in order to protect the interests of copyright holders, makes the world >poorer overall. Even if it didn't violate fundamental policies for the >long-term stability of societies, it would be the wrong economic decision. > >What is wrong is that we have invented the technology to eliminate scarcity, >but we are deliberately throwing it away to benefit those who profit from >scarcity. We now have the means to duplicate any kind of information that >can be compactly represented in digital media. We can replicate it >worldwide, to billions of people, for very low costs, affordable by >individuals. We are working hard on technologies that will permit other >sorts of resources to be duplicated this easily, including arbitrary >physical objects ("nanotechnology"; see http://www.foresight.org). The >progress of science, technology, and free markets have produced an end to >many kinds of scarcity. A hundred years ago, more than 99% of Americans >were still using outhouses, and one out of every ten children died in >infancy. Now even the poorest Americans have cars, television, telephones, >heat, clean water, sanitary sewers -- things that the richest millionaires >of 1900 could not buy. These technologies promise an end to physical want >in the near future. > >We should be rejoicing in mutually creating a heaven on earth! Instead, >those crabbed souls who make their living from perpetuating scarcity are >sneaking around, convincing co-conspirators to chain our cheap duplication >technology so that it WON'T make copies -- at least not of the kind of goods >THEY want to sell us. This is the worst sort of economic protectionism -- >beggaring your own society for the benefit of an inefficient local industry. >The record and movie distribution companies are careful not to point this >out to us, but that is what is happening. > >If by 2030 we have invented a matter duplicator that's as cheap as copying a >CD today, will we outlaw it and drive it underground? So that farmers can >make a living keeping food expensive, so that furniture makers can make a >living preventing people from having beds and chairs that would cost a >dollar to duplicate, so that builders won't be reduced to poverty because a >comfortable house can be duplicated for a few hundred dollars? Yes, such >developments would cause economic dislocations for sure. But should we >drive them underground and keep the world impoverished to save these >peoples' jobs? And would they really stay underground, or would the natural >advantages of the technology cause the "underground" to rapidly overtake the >rest of society? > >I think we should embrace the era of plenty and work out how to mutually >live in it. I think we should work on understanding how people can make a >living by creating new things and providing services, rather than by >restricting the duplication of existing things. That's what I've personally >spent ten years doing, founding a successful free software support company. >That company, Cygnus Solutions, annually invests more than $10 million into >writing software, giving it away freely, and letting anyone modify or >duplicate it. It funds that by collecting more than $25 million from >customers, who benefit from having that software exist and be reliable and >widespread. The company is now part of Red Hat, Inc -- which also makes its >living by empowering its customers without restricting the duplication of >its work. It's no coincidence that the open source, free software, and >Linux communities are among the first to become alarmed at copy protection. >They are actively making their livings or hobbies out of eliminating >scarcity and increasing freedom in the operating system and application >software markets. They see the real improvement in the world that results >-- and the ugly reactions of the monopolistic and oligopolistic forces that >such efforts obsolete. > >Converting the whole world to operate without scarcity is a huge task. Such >a large economic shift would take decades to spread through the entire world >economy, making billions of new winners and new losers. We will be extremely >lucky if by 2030 we are *prepared* to end scarcity without massive social >turmoil, including riots, civil unrest, and world war. If we are to find a >peaceful path to an era of plenty, we should be starting HERE AND NOW, >transforming the industries we have already eliminated scarcity in -- text, >audio, and video. Companies that can't adjust should disappear and be >replaced by those who can. As these whole industries learn how to exist and >thrive without creating artificial scarcity, they will provide models and >expertise for other industries, which will need to change when their own >inefficient production is replaced by efficient duplication ten or fifteen >years from now. Relying on copy-protection now would send us in exactly the >wrong direction! Copy protection pretends that the law and some fancy >footwork with industrial cartels can maintain our current economic >structures, in the face of a hurricane of positive technological change that >is picking them up and sending them whirling like so many autumn leaves. > >This may be a longer discussion than you wanted, Ron, but as you can see, I >think there are a lot of things wrong with how copy protection techologies >are being foisted on an unsuspecting public. I'd like to hear from you a >similar discussion. Being devil's advocate for a moment, why should >self-interested companies be permitted to shift the balance of fundamental >liberties, risking free expression, free markets, scientific progress, >consumer rights, societal stability, and the end of physical and >informational want? Because somebody might be able to steal a song? That >seems a rather flimsy excuse. I await your response. > >John Gilmore >Electronic Frontier Foundation -- Alan Kotok, Associate Chairman mailto:kotok@w3.org World Wide Web Consortium http://www.w3.org MIT Laboratory for Computer Science, 200 Technology Square, Room NE43-364 Cambridge, MA 02139, USA Voice: +1-617-258-5728 Fax: +1-617-258-5999
Received on Tuesday, 23 January 2001 13:44:43 UTC