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Excellent DRM debate from my Bittorrent article

If you’ve read my Wired profile of Bittorrent creator Bram Cohen, check out this excellent debate taking place online — prompted by Cory Doctorow, a brilliant sci-fi author and Boing Boing blogger extraordinaire. Last week, Cory posted that while he liked my piece …

… the only place I took issue with it is where Clive talks about Microsoft DRM being useful to “keep content out of pirate hands” — there is not a single piece of content in the history of the universe that has been “kept out of pirate hands” (i.e. kept off the Internet, or prevented from being stamped out in pirate CD factories abroad) by DRM. It’s a weird kind of Big Lie strategy by the DRM people to talk about how DRM can prevent “piracy” when there has never, ever been an example of this happening … It’s a statement that’s so categorically untrue, it seems to come from a parallel universe with different laws of physics and economics.

He’s got a point. I think I misspoke — or rather, miswrote — that sentence that he quotes of mine. Cory is quite right when he argues DRM is generally very easy to crack. (I’m a good example of that; every time I’ve bought a downloaded song from Napster or Rhapsody, I’ve immediately ripped it into MP3 format. That’s technically illegal to do — it’s an act of so-called piracy — but my several-years-old MP3 player won’t play the ridiculous DRM formats that Napster and Real/Rhapsody use. To play the music as they sell it to me, I’d have to buy a whole new MP3 player. Essentially, they’re forcing me to upgrade my player every year just to listen to music, which is pretty annoying, right?)

What’s more, Cory is also right that DRM is an obnoxious bit of business, serving mostly just to infuriate customers and hand way too much power to copyright owners. For example, I subscribe to Rhapsody — the streaming-music service — and while I generally think it’s a superb deal (10 bucks a month for all the music you can listen to), the service often does bizarre things, such as deleting music. You’ll have a cool album on your playlist for months, then wake up one day to discover it’s gone … because the copyright owner decided to back out of Rhapsody’s service. Sure, that’s perfectly legal for them to do — but it’s a huge pain for me, the consumer.

So, given that I actually share most of Cory’s objections to DRM, why exactly was I endorsing it in the article? Well, like I said, I wasn’t precise enough in my phrasing. What I meant to say was this: DRM will never keep content out of the hands of pirates. But in an ideal world, it gives copyright owners a reasonable way to release their warez; the vast majority of people will obey the DRM, a small minority will pirate it, and if the content service is run well and inexpensively, everybody’s happy, right?

However, that’s a huge “if”, since I don’t think any DRM-protected content service really works right now (though Rhapsody is the closest). And, as Cory points out in his post, there are so many other problems with DRM — such as the fact that content owners can change the rules as they go and make your paid-for content “vanish” — that one could reasonably conclude that DRM is a total bust. You could argue fairly that I was being pretty naive in assuming the marketplace of content owners will suddenly become more enlightened than they’ve been in the past.

However, Chris Anderson, the editor of Wired, fired back at Cory — arguing on his blog that Cory’s position is too idealistic. A brief snippet:

If some form of DRM encourages publishers, consumer electronics makers and retailers to release more, better and cheaper digital media and devices, that’s not necessarily a bad thing. This is just being realistic: much as we might want it to be otherwise, content owners still call most of the shots. If a little protection allows them to throw their weight behind a lot of progress towards realizing the potential of digital media, consumers will see a net benefit … The real question is this: how much DRM is too much? Clearly the marketplace thinks that the protections in the iPod and iTunes are acceptable, since they’re selling like mad.

Cory and Chris’ exchange opened up a rich, sprawling debate on blogs, so if you’re intrigued by this stuff go check it out! (Cory has written several ripostes to Chris’ post.)

Sorry I’m coming to this late … I was travelling again last week, and away from the blog for the last time in 2004!


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I'm Clive Thompson, a writer on science, technology, and culture. This blog collects bits of offbeat research I'm running into, and musings thereon.

Currently, I'm a contributing writer for the New York Times Magazine and a columnist for Wired magazine. I also write for Fast Company and Wired magazine's web site, among other places. Email or AOL IM me (pomeranian99) to say hi or send in something strange!

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September 26, 2008 » 01:57 PM

From an interview with ethnobotanist and anthropologist Wade Davis:

One of the cultures you celebrate in Light at the Edge of the World is the Inuit. What do you most admire about them?

Davis: The Inuit didn’t fear the cold; they took advantage of it. During the 1950s the Canadian government forced the Inuit into settlements. A family from Arctic Bay told me this fantastic story of their grandfather who refused to go. The family, fearful for his life, took away all of his tools and all of his implements, thinking that would force him into the settlement. But instead, he just slipped out of an igloo on a cold Arctic night, pulled down his caribou and sealskin trousers, and defecated into his hand. As the feces began to freeze, he shaped it into the form of an implement. And when the blade started to take shape, he put a spray of saliva along the leading edge to sharpen it. That’s when what they call the “shit knife” took form. He used it to butcher a dog. Skinned the dog with it. Improvised a sled with the dog’s rib cage, and then, using the skin, he harnessed up an adjacent living dog. He put the shit knife in his belt and disappeared into the night.

September 25, 2008 » 11:21 AM
“Video from a camp north of Toronto in December 2005 shows a car spinning around in a nearby, snow-covered parking lot. Prosecutors characterized that as special driver training but the defense, and many outsiders, said it was nothing more than “cutting doughnuts,” a favorite winter pastime of young Canadian motorists.” - A key piece of evidence submitted in the trial of a gang of alleged young Canadian terrorists.

September 24, 2008 » 11:21 PM
“Life imitates art imitating life: just thought a gnat crawling across my monitor was part of a Flash-based ad. I clicked it.” - A Tweet from Bill Braine.

September 24, 2008 » 02:37 PM
“Funniest FB friend request ever: “Twitter friend hoping to get to second base (Facebook!) ;-).”” - A recent Tweet by Pistachio

September 24, 2008 » 12:28 PM
Chinese powdered-milk crisis creates a new market: The return of the wet nurse

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Collision Detection: A Blog by Clive Thompson