Podcast Episode 73 Transcript Episode 73 of Steve Gibson'sSecurity Now podcast with Leo LaPorte has a terrific primer on the intertwined history of advancements in technology making it easier for consumers to copy content, fair use, the lobbying efforts by the content industry that resulted in U.S. copyright law amendments up to and including the 1996 WIPO Copyright Treaty, the DMCA implementing the treaty, and the detrimental effects these new laws have on consumer fair use rights.
Also in the bill is a provision that would effectively require music webcasters to use DRM-laden streaming formats, rather than the MP3 streaming.
Sources:EFF Deep Links | ars technica | BBC | TMCNet | Reuters | Billboard | CNet | Tech News – HRCC’s response | Red Herring | Hollywood Reporter | Washintgon Times | Techdirt | PublicKnowledge | Cathy Kirkman Dale’s Comment: Aspects of this bill have merit. I agree that anyone wishing a permanent, transferable copy of a song broadcast through XM or Sirius should pay for it. If, however, the device does not permit the user to copy the song to an external device, then the concept is more akin to a PVR such as TiVo and fair use rights should allow the user to enjoy the song within the specific device for a reasonable period of time without an additional royalty payment – remember, XM and Sirius subscribers already pay compulsory royalties via their subscriptions to these services. To the extent an additional royalty payment is made to purchase a song, the user should have the right to copy/transmit the song off the XM/Sirius device to any other device owned by the user and, of course, all the other incidents of fair use for purchased music that I advocate for on this site should apply – the right to of the owner to transcode it to any other format, the right to play it on any device owned by the consumer, the right to sell/give-away/alienate the purchased copy (without retaining a copy) etc. If, however, this bill results in an obligation to pay for music that can’t be removed from the device or otherwise fairly used by the user, it should not be adopted.
Princeton Professor Ed Felton, famous for revealing that SunComm’s DRM for music CDs could be defeated by holding down the shift key while inserting the music CD into your computer, says completely breaking/cracking High Bandwidth Digital Content Protection (HDCP) is “eminently doable”. HDCP is the DRM standard developed by Intel to control access to high definition content as in travels across DVI and HDMI connections (eg: between your HD set-top box or HD-DVD player and your HDTV).
We’ve all known this was coming but this Disney-backed, MovieBeam service is the first account of a service down-res’ing HD content when the subscriber’s TV does not have an HDMI input. Lesson to be learned: Do NOT buy an HDTV without an HDMI connection or you won’t be watching the HD content you pay for.
The Electronic Frontier Foundation is continuing its crusade against CD copy protection. After having participated in legal actions against the two vendors of the technology used by Sony/BMG Music, it is now going after the third major supplier in this market: Macrovision, whose CD copy protection technology is used by EMI.
Last year, the RIAA began proposing a broadcast flag type system and now they are in negotiations with satellite radio companies, such as XM about controlling what their listeners can do. According to the music industry, if consumers are given the opportunity to record music from digital radio, they will likely start recording songs
instead of purchasing them.
As it had said it would, Apple Computer is forcing customers using older versions of iTunes to upgrade to recent versions if they want to purchase music online. The company quietly disabled support for iPodDownload, a program that let customers copy music from an iPod into their iTunes library.