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• Shame as DRM

  A German music download service is allowing customers to download unencrypted MP3 files, instead relying on embedded watermarks to discourage copying . The music store sells MP3 files which can be played on almost any digital music player, but adds a unique tag to each download using watermark technology from Germany's renowned Fraunhofer Institute for Integrated Circuits, which helped create the MP3 audio compression algorithm. The watermark technology makes slight changes to the data in sound files, such as a higher volume intensity in a tiny part of a song, that are undetectable by even the best trained ears, according to Fraunhofer researchers. However, if unauthorized copies of a download turn up on, for example, peer-to-peer file sharing networks, the watermark allows Akuma to identify the purchaser of a file and take action against them. This is a novel approach. It doesn't prevent the copying upfront, but helps in going after infringing users, and seems to me that it would probably... Posted Oct 13 2006, 04:14 AM by Tim with | with 1 comment(s) Filed under: Technology, Music, Copyright, Innovation

• FairUse4WM cracks PlaysForSure DRM

  The big news last week was that the Windows Media DRM was cracked . Derek also thinks this isn't entirely a bad thing, and in fact this benefits both the consumers and the online music services . As Grant puts it, "DRM doesn't protect content in any meaningful way. DRM does however present an encumbrance to legal uses of media purchased by legitimate customers." This is, ultimately, the paradox of DRM : it keeps the 'good guys' from using works that would fall under fair use, but doesn't protect against the "bad guys" determined to steal anyways. Peter Rojas, in an open letter to Microsoft , implores the company not to kill the FairUse4WM project. Rather than being an incentive for people to steal music, he suggests that many friends and readers have actually expressed an interest in signing up for these services. I tend to agree with this assessment. Until iTunes offers a subscription plan , this means that nearly nearly 80% of all digital music players are excluded from subscription service... Posted Aug 28 2006, 08:41 PM by Tim with | with 1 comment(s) Filed under: Technology, Intellectual Property, Music, Copyright, DRM

• When lawsuits and police raids backfire

  I'm pretty sure this is not what the MPAA and other powers that be had in mind when they coordinated an (unsuccessful) raid on a torrent site relatively unknown to the masses . Prior to the raid, The Pirate Bay was getting getting around $75,000 a month in advertising. After the raid, traffic increased to the point where they are charging $25,000 for a single day of advertising . Instead of bringing the attention to these sites, the MPAA would be better off recognizing what the consumer wants and their money would be better spent promoting and improving legitimate services . Tags: BitTorrent , P2P Posted Jul 18 2006, 07:27 AM by Tim with | with no comments Filed under: Technology, Music, Copyright

• DRM can have a significant impact on battery life

  Tommy Perkins posts yet another reason to hate DRM . According to this CNET article , it can have a significant negative impact on your device's battery life - as much as 25% as you can see below. Creative Zen Vistion:M: 16 hours with MP3s, 12 hours with only WMA subscription tracks Archos Gmini 402 Camcorder: 11 hours with MP3s, 9 hours with DRM tracks iRiver U10: 32 hours with MP3s, 27 hours playing subscription tracks The iPod, playing back only FairPlay AAC tracks, "underperformed MP3s by about 8 percent." This isn't terribly surprising, of course, given the additional processing required to validate and decrypt, but it's surely off-putting. Oh, and if that wasn't enough, RIAA says future DRM might "threaten critical infrastructure and potentially endanger lives . Posted Mar 21 2006, 04:12 AM by Tim with | with no comments Filed under: Technology, Intellectual Property, Security, Gadgets, Music, Copyright, DRM

• Tower Records to offer free podcast service

  Interesting little tidbit that Andrew passed along - Tower Records is on the verge of launching a free podcast service. The 90-store chain plans to open a new online service this summer that lets consumers create their own podcasts--audio and video shows designed to be downloaded onto a computer or portable media player--using a catalog of some 6,000 songs, which Tower will provide free of charge. So basically they are allowing users to create custom radio streams that you can take with you. The entire service is free, with ads included in the most popular podcasts. Great idea - and it's good to see them thinking creatively here instead of holding on to a dying business model. Of course, the service won't include music from most of the major labels because there isn't enough DRM on it for their tastes. Posted Mar 08 2006, 08:54 AM by Tim with | with no comments Filed under: Technology, Intellectual Property, Music, Copyright

• Surprise: RIAA trying to undermine important exceptions to copyright exclusivity

  After conceeding as much in Grokster arguments, the RIAA is reversing course and claiming that ripping a CD to your iPod is Fair Use. Fred discusses the recent filing made by the RIAA filing over at EFF Deep Links. They are not saying this behavior itself was unlawful in the past, but rather that it was lawful only because they allowed it. "Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use." This is an interesting way to frame the issue and seems to me like they're trying to weasel out of any potential estoppel issues. I do agree with Brad in that the RIAA is trying to move towards a pay-per-play system, which is of course is the exact opposite from what consumers... Posted Feb 22 2006, 04:00 AM by Tim with | with no comments Filed under: Technology, Intellectual Property, Rants, Music, Copyright

• Contrary to popular belief, CDs are not going away yet

  Contrary to popular belief, CDs are not going away yet... at least until we solve underlying problems with digital music. Part of that is a looming digital music shakeout that some are predicting, and part is DRM that doesn't work : Ninety percent of his customers own iPods, according to Cullen, and many call in after first buying the system, wondering where their iTunes songs are. But after the company explains it is Apple’s DRM that prevents the file from playing, users universally respond that they will go back to buying CDs that they can then rip into non-DRMed audio files, Cullen said. I know I sound like a broken record, but I'm going to say it again anyways: the average consumer is willing to pay for content, but they want to feel like they are getting something of value in return. Part of that perceived value is the ability to consume the content in ways that the consumer, and not the content owner, sees fit. At the end of the day, legal interpretations aside, that's how the consumer... Posted Jan 26 2006, 12:06 PM by Tim with | with no comments Filed under: Technology, Intellectual Property, Rants, Music, Copyright

• Apple to launch new content distribution system

  The Digitial Music weblog passes along this tidbit from ThinkSecret . Apparently, in addition to offering feature length content and expanded TV offerings, Apple will be announcing a new content delivery system in January at the annual MacWorld conference. In an effort to appease media companies wary of the security of digital rights management technology, Apple's new technology will deliver content such that it never actually resides on the user's hard drive. Content purchased will be automatically made available on a user's iDisk, which Front Row 2.0 will tap into. When the user wishes to play the content, robust caching technology -- for which Apple previously received a patent -- will serve it to the user's computer as fast as their Internet connection can handle. The system will also likely support downloading the video content to supported iPods but at no time will it ever actually be stored on a computer's hard drive. I'm not sure why this should appease the media companies. Unless... Posted Dec 05 2005, 07:48 AM by Tim with | with 3 comment(s) Filed under: Technology, Intellectual Property, Music, Copyright, Apple

• Sony/BMG Rootkit: How not to treat your customers

  I've been busy and haven't gotten around to posting about the whole Sony-BMG / XCP scandal. I'm sure most of you have already read about this, but Boing Boing has a good roundup here . Perhaps my favorite quote in the aftermath here was this bit from Stewart Baker, DHS' assistant secretary for policy ( via Donna Wentworth @ Copyfight ): "It's very important to remember that it's your intellectual property -- it's not your computer. And in the pursuit of protection of intellectual property, it's important not to defeat or undermine the security measures that people need to adopt in these days. Exactly. This was incredibly irresponsible. DRM (or more specifically TPM) is not what consumers want. As I have said in the past , consumers want music that they can use as they please. They are willing to pay for it, even from sites of questionable legality. It's bad enough when TPM fails (i.e., preventing access to something you own) - it's something else entirely when you start compromising the... Posted Nov 30 2005, 04:06 AM by Tim with | with 2 comment(s) Filed under: Technology, Intellectual Property, Music, Copyright

• Grokster Reversed in Unanimous Decision

  Some bad news from SCOTUS(Blog). The Supreme Court ruled unanimously that developers of software violate federal copyright law when they provide computer users with the means to share music and movie files downloaded from the internet. Read Justice Souter's opinion . Justice Ginsburg concurrence (joined by the Chief Justice and Justice Kennedy); and Justice Breyer's concurrence , joined by Justices Stevens and O'Connor. I haven't had a chance to give them a thorough review, but at first glance it looks like they are adopting something along the lines of the "Active Inducement" test suggested by Justice O'Connor at oral arguments. Ernest is participating in a Grokster Roundtable . Others, including Prof Felten, are participating in SCOTUSblog discussions . Marty has some commentary and Kevin has a good roundup . And don't forget, even though it's a unanimous decision, Fred says we've already won . Plenty of good coverage out there, as you might expect. An incomplete roundup of additional... Posted Jun 27 2005, 07:46 AM by Tim with | with 2 comment(s) Filed under: Technology, Intellectual Property, Law School, Gadgets, Music, Copyright