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Digital Rights Misery: When Technology Is Designed to Fail

[Hoffman, Alexander]Alexander Hoffman (apparently) - 03:26am May 16, 2008 PST
via email

There were a few things bugging me as I read this article, but I
won't get into all of them. I had trouble putting my finger on the
first one until I read this part:

Jeff Porten Wrote:
>there is nothing unethical about Columbia Pictures attempting
>to charge me $12 to watch a movie in a hotel room. What is
>unethical, in my view, is the crippling of essential technologies
>for the sole purpose of allowing that $12 tax on the technologically
>unsophisticated to exist.

Jeff is trying to support his central premise by acting as though the
entire marketplace is run by a single entity. He's ignoring the fact
the various different outlets are run by different firms,
organizations and entities. The pricing at the DVD kiosk, the iTunes
Store and Sprint TV are set in separately. Yes, they are set in a
world where the others exist, but they are not set together.

Jeff allows for some charge for convenience, but he does not weigh it
strongly enough. Nor does he recognize that most people are willing
to pay more so they don't have be bothered -- especially so they
don't have to be bothered to learn something.

I could fix my car myself, if I bothered to learn how to do it. But
that was never worth it to me.

Far too often, I pay for someone else to cook me a dinner, when I
know I could make it better and cheaper myself. (There are plenty of
meals I pay for that I couldn't make myself, but as a New Yorker, I
order too much mediocre food delivered.)

Painting a room takes some skill, but not so much that we couldn't
learn it ourselves. How many people have paid others to paint their
house/apartment?

So, Jeff is tech savvy enough to know how easy it is for some people
to learn this stuff. He knows about Slingbox and that it's probably
easy to set up. But most people would rather not be bothered. They'd
rather not be bothered to learn. And they have a good reason for
this. While setting up a Slingbox might not be hard most of the time,
trouble shooting when something goes wrong can be quite demanding.

Learning enough to be confident that you can make sure it works take
a LOT of knowledge, and most people are willing to pay extra money so
they don't have to be bothered to learn all that.

************************

Jeff writes as though this is some kind of conspiracy.

>the crippling of essential technologies
>for the sole purpose of allowing that $12 tax on the technologically
>unsophisticated to exist.

I don't think that this is what is going on. Rather I think that some
people/firms are trying to find ways to take advantage of a situation
that has been created by the incompetence of the tech industry.

I don't think that these things are intentionally hard to use, set up
or trouble shoot. Instead, I think that engineers create products for
themselves well, and for others poorly.

Other phones are every one of the iPhone's abilities before the
iPhone. Apple products rarely have more or better features. But they
are more usable. Apple gets what other companies don't, that
usability matters more than feature lists.

The iPod killers that don't prove this point for me. Rival companies
really DO want to supplant the iPod. They aren't pulling their
punches because it suits them to make hard to use products. They
aren't failing because they they want to charge more. They are
failing because they don't know how to succeed.

Note that NBC did not pull out of the iTunes Store because it worked.
Rather, they wanted to charge differentially based on the value of
content, which Jeff does not have a problem with. They are not
intentionally crippling technologies to ensure higher prices on the
technologically unsophisticated. If they could make it easy enough to
expand the market, they would.


**********************
--
=Alex Hoffman
Leadership, Policy & Politics
Teachers College, Columbia University


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Lewis Butler (apparently) - May 17, 2008 1:31 am (#1 Total: 5)  

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Re: Digital Rights Misery: When Technology Is Designed to Fail

On 16-May-2008, at 05:26, Alexander Hoffman wrote:

> Jeff writes as though this is some kind of conspiracy.

It is. The whole move to digital and HD is, quite simply, an attempt
by the content cartel to eliminate all fair-use not through
legislation, but through technology.

>> the crippling of essential technologies
>> for the sole purpose of allowing that $12 tax on the technologically
>> unsophisticated to exist.
>
> I don't think that this is what is going on.

But it is exactly what is going on. Copy-protection is all about
limiting access to the content. It is not about actually preventing
copying because copy-protection has NEVER done that (I can download
any movie ever released on DVD or Blu Ray in nigh-perfect quality if I
really wanted to take the time), it is about limiting the ability of
the vast majority of people to access the content in any way that the
publisher has not deemed acceptable.

The prefect example of this is the disabling on screen grabs by Apple
when DVD Player is up. This is simply using technology to eliminate
fair use. There is no chance that someone is going to copy the movie
by taking screen grabs of every frame. There is some chance that you
might want a screen grab to, say, study the blocking a director used
in a particular scene. But the decision has been made that your fair
use rights are 'theft' and that the technology needs to be defined in
such a way that you cannot do anything with any content that you are
not given specific permission to do.

> I don't think that these things are intentionally hard to use, set up
> or trouble shoot. Instead, I think that engineers create products for
> themselves well, and for others poorly.


The primary use of a slingbox requires most people to violate the law
by ripping their purchased DVDs to computer friendly formats.

Alexander Hoffman (apparently) - May 17, 2008 2:23 pm (#2 Total: 5)  

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Re: Digital Rights Misery: When Technology Is Designed to Fail

At 2:31 AM -0700 5/17/08, LewisGmail wrote:
>>On 16-May-2008, at 05:26, Alexander Hoffman wrote:
>>Jeff writes as though this is some kind of conspiracy.
>It is. The whole move to digital and HD is, quite simply, an attempt
>by the content cartel to eliminate all fair-use not through
>legislation, but through technology.

Yes, there is a conspiracy, but not of difficulty aimed against the
technologically less savvy. Technology is not intentionally
difficult to use so that they can charge some people more than
others. It's not that subtle.

Rather, firms try to create additional revenue by preventing (legal)
reuse of purchased content. No doubt. For example, limited the number
of computers that a family can put legally purchased music on. That
there are ways around these technological barriers is not a function
of an intention to soak the technologically unsophisticated, but
instead is just a limit of what they are technologically able to do.

Jeff wrote that their goal (i.e. "sole purpose") is targeting the
"technologically unsophisticated" with a "$12 tax."

While I largely agree that that is the impact of these firms' effort,
I don't agree with him about their motivations. I think that their
goal is to charge everyone. Moreover, I believe that the reason
alternative solutions (e.g. Slingbox) are not more widely used is
such things are harder to maintain and troubleshoot than Jeff
implies, and that most people know this.
--
=Alex Hoffman
Leadership, Policy & Politics
Teachers College, Columbia University

Jochen Wolters (apparently) - May 21, 2008 12:27 am (#3 Total: 5)  

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Re: Digital Rights Misery: When Technology Is Designed to Fail

most people are willing to pay more so they don't have be bothered


In general, I'd agree with that statement. However, it does not apply to the DRM-imposed limitations to using legally obtained media as outlined by Jeff.

If it were legal to rip a DVD you've legally purchased onto your laptop's hard drive and take the movie with you on a trip that way, you could very well argue that offering the same movie via Pay-per-view in a hotel would be a "convenience charge" for those who can't be bothered to invest the time and effort to actually rip that DVD.

However, since it is illegal to make copies of DVDs, and the "copy-protection" on the DVDs is an attempt to technically keep you from making copies, this is not about convenience at all, because you don't have a choice here.


Far too often, I pay for someone else to cook me a dinner, when I know I could make it better and cheaper myself.


Let's not forget that this is not just about convenience, but also about skill. Even the best recipe books and the most well-equipped kitchen wouldn't help much if the person juggling the meal's ingredients doesn't have the skills to create a delicious meal. ;)

And still, no-one is keeping you from cooking up _something_, regardless of your motivation, skills, resources, etc. Money permitting, you're absolutely free to choose between making your own dinner or visiting a restaurant. In the case of DRM-"protected" media, however, you have no choice: you must either visit the restaurant or stay hungry.


So, Jeff is tech savvy enough to know how easy it is for some people to learn this stuff.


Well, I'd slightly rephrase that: Jeff is savvy enough to know how to succesfully circumvent the technical limitations of the media in order to open up that alternative between "home-cooking" and "restaurant" for himself.


But most people would rather not be bothered. They'd rather not be bothered to learn.


And why should they? Shouldn't the media companies ensure that those who still "bother" to legally purchase TV shows, movies, music, etc., could enjoy those media without ever running into arbitrary limitations that those who use illegal copies with the DRM ripped out are never even confronted with?

Why can't I play a DVD I buy in the US on a DVD player bought in Europe? Why can't I rip a CD so I can listen to it on my iPod? Why can't I copy a DVD to my MacBook so I can view it on a plane? Because, in all of these cases, technically implemented arbitrary limitations make it unnecessarily difficult for me to do so, even though I have paid for the content. So, I do _not_ have the option to invest my time and effort _or_ pay a convenience charge, as you imply. My only options are to circumvent those technical limitations which, in some cases, may mean that I'm breaking the law, even though I am legally entitled to using the media.


I think that some people/firms are trying to find ways to take advantage of a situation that has been created by the incompetence of the tech industry.

No company would invest millions of $$s into developing a copy protection scheme, much more so since there is not a single such scheme that hasn't been cracked, yet. If it weren't for the demands of the media conglomerates, DRM would simply not exist, and it is DRM that is causing that vast majority of the limitations that Jeff rightfully complains about. 


Regards,

Jochen.


-- 
Jochen Wolters | jochenpolytropia.com | http://polytropia.com





dr (apparently) - May 23, 2008 6:45 am (#4 Total: 5)  

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Re: Digital Rights Misery: When Technology Is Designed to Fail

LewisGmail wrote:
> On 16-May-2008, at 05:26, Alexander Hoffman wrote:
>
>> Jeff writes as though this is some kind of conspiracy.
>
> It is. The whole move to digital and HD is, quite simply, an attempt
> by the content cartel to eliminate all fair-use not through
> legislation, but through technology.

No. The move to digital and HD is in some way inevitable. The old forms tie up way too much radio frequency space.

But the media folks have jumped on this as a way to tie things up as much as possible. Something they couldn't do with the older analog formats. And as they found out the hard way, suing folks in federal court over sharing with your mom the copy of Matlock you taped was not going to work.

There is nothing new here. I read that way back in the early days of phonograph records the back cover of the package was a very dense legal agreement about what you could (not much) and could not (almost everything) do with said record. The article speculated this was the fist widely used "shrink wrap" license even though they didn't have shrink wrap in the 10s and 20s.

If you really want a change in this the change has to come from at the federal law level. And to date the "tech crowd" has shown themselves to be rank amateurs in this game.

David

Lewis Butler (apparently) - May 24, 2008 6:26 am (#5 Total: 5)  

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Re: Digital Rights Misery: When Technology Is Designed to Fail

On 23-May-2008, at 08:45, David Ross wrote:
> LewisGmail wrote:
>> On 16-May-2008, at 05:26, Alexander Hoffman wrote:
>>
>>> Jeff writes as though this is some kind of conspiracy.
>>
>> It is. The whole move to digital and HD is, quite simply, an attempt
>> by the content cartel to eliminate all fair-use not through
>> legislation, but through technology.
>
> No. The move to digital and HD is in some way inevitable. The old
> forms tie up way too much radio frequency space.

But that has nothing to do with the actual move to HD and digital
content, which is ALL about an end-run around fair use and locking all
content so that the cartel members get to tell you what to watch,
when, and how. If they didn't see an opportunity to screws the
thumbscrews even tighter, the media cartel would be kicking and
screaming and dragging there feet exactly like the auto makers are
doing with MPG requirements, and the Feds would have caved repeatedly,
exactly like they did for the auto makers.

> If you really want a change in this the change has to come from at
> the federal law level. And to date the "tech crowd" has shown
> themselves to be rank amateurs in this game.

The tech crowd does not have the billions upon billions that Sony/MGM/
Universal/BMG/CBS/EMI etc have to throw around. Let's not forget that
our current copyright law in the US was, de facto, written by Disney.

How does the consumer have a chance?



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