Big Content Finds Perpetual Access to DRMed Content Laughable
DRM protection has been a bone of contention between content owners and anti-DRM activists. The latter party’s contentions seem to be becoming quite popular with content providers, with many music download services, including the august iTunes, opting for DRM-free music. However, DRM hasn’t been eliminated as a lot of downloadable content, including streaming/downloadable videos and streaming music, is still fettered by DRM protection.
The Copyright Office is currently deliberating upon allowing fresh exemptions to its rules that forbid DRM cracking – enshrined in the Digital Millennium Copyright Act. Steven Metalitz, a DC-based lawyer, who represents Big Content – a collective term for DRM-loving individual content owners and their organizations like MPAA and RIAA, reckons users should not be allowed to crack DRM protection even if an online store shuts down its authentication servers.
“We reject the view that copyright owners and their licensees are required to provide consumers with perpetual access to creative works. No other product or service providers are held to such lofty standards. No one expects computers or other electronics devices to work properly in perpetuity, and there is no reason that any particular mode of distributing copyrighted works should be required to do so,” he wrote in a missive addressed to the Copyright Office’s top legal advisor.
It is quite unrealistic to expect online stores to perpetually maintain their DRM servers. But it is ludicrous to assume that shutting down of an authentication server or the whole online store is reason enough for the user to surrender his ownership rights.

Image Credit: DRM Converter
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Slugbait
August 01, 2009 at 9:33am
"No one expects computers or other electronics devices to work properly
in perpetuity, and there is no reason that any particular mode of
distributing copyrighted works should be required to do so"I've had some electronic devices quit working. But the H/K T25 with Ortofon cartridge that I purchased in 1984 still works perfectly. I also own some distributed copyrighted works that play on this device. I am one person who FULLY expects that my distributed copyrighted works will continue to properly play on a replacement turntable, should my H/K ever bite the dust. I pretty sure everyone in the Copyright Office required this capability decades ago, and still require it today.
I understand that when I purchase an album or movie that I do not own it. Instead, I have purchased a license to listen or view that content. With that license purchase come a reasonable expectation that I can access that content any time I wish in the future.
What Metalitz is essentially saying is that with DRM, we no longer purchase content licenses...we rent them. If we wish to continue utilizing the content, we have to pay more rent for the licenses.
But of course, he's not going to say to the Copyright Office that everyone in his industry expects their customers to pay again and again for the same content in perpetuity. That might make them look greedy.
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freak720
July 31, 2009 at 4:16pm
At some point, i would like to see stuff on mainstream news networks, the stuff your mom would watch, where they tell people what injustices are commited in the tech realm, and tell your mom, in a way she would understand, what this does to her. As long as the group that cares about this is considered a niche market, lawmakers are not going to adress it properly. If everyone and their mother knows about it, they are much more likely to respond. the DMCA relates to tech, and in tech, anything a decade old is considered arcane. well the DMCA is in desperate need of replacement.
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Zazubovich
July 31, 2009 at 3:04pm
Nobody works harder to insult and abuse their customers, cheat both the customers and the artists, and in general make their product unattractive to downright hassle-bound than the cretins of the film and music industry.
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HeartBurnKid
July 31, 2009 at 9:45am
I reject the view that copyright owners and their licensees have the right to dictate access to creative works.
No other product or service providers are given such far-reaching powers.
No one expects computers or other electronics devices to only function in the manner that the creator intended and only function for the purchaser and no other end user, and there is no reason that any particular mode of
distributing copyrighted works should be allowed to do so.
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FRAGaLOT
July 30, 2009 at 6:34pm
Ya know all the arcade games and Rock Band songs I download on Xbox Live has DRM.. but then again i don't need, nor want to move that content onto any other format, or device anyway. I'm not even sure how i could in the first place.
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Cache
July 30, 2009 at 6:19pm
"No one expects computers or other electronics devices to work properly in perpetuity"
I would agree to some extent--after all, new technologies come out and replace older technologies on a very regular basis--just look at the demise of cassette tapes as an example. I would not expect a company to be responsible for taking the music I had on a cassette and porting it over to a newer, superior format. However, there is the flaw in his statement.
Digital media, whether in the form of mp3's, .wav, FLAC, or any other of the numorous files out there are still in active development. If the format of the music changed, I would certainly agree that the media companies are 'off the hook' for updating a users' album collection. However, this is a case where a deliberate bug was created, one that would render a product dead by design. The mp3's did not cease to work, they were forcibly and permanently disabled by people intent on deliberately removing the music from the people who legitimately bought and purchased it, with no changes to operating hardware whatsoever.
Can you imagine if Windows was designed so that Microsoft could simply turn everything off remotely, and demand users upgrade to Windows 7? And then claimed that it was somehow the users' fault because no user was promised that the program would work forever?
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Phyzicistblue
July 30, 2009 at 5:54pm
"No one expects computers or other electronics devices to work properly in perpetuity"
But people do expect their computers or other electronic devices to work until they fail, not until say, Intel comes into their homes and pulls the processor from their computer. If I bought music and due to my own incompetence, my harddrive crashed and I lost the music, then sure maybe I would buy it again, much like if I lost a cd or dvd. But should I never be allowed to listen to a song I bought because someone, somewhere else, in no way related to me, or the song I want to listen to, decided to turn off a server for whatever reason? That is tantamount to Ford coming and taking the engine out of your car because they decided to no longer offer repair services on their vehicles.
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nekollx
August 03, 2009 at 9:23am
of what ever their smoking.
Cause last i checked some people still own 8 track and vinal and expect it to work until they destroy it. Not until "oh well CDs are the thing now Vinal is being turned off"
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Five teenagers, one alien ghost, a robot, and the fate of the world.
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aviaggio
July 30, 2009 at 5:01pm
And this is why I will *NEVER* purchase DRMd media. EVER. I have vinyl records and cassettes that are 35 years old. I have books that are over 100 years old. VHS tapes and CDs that are 27 years old. I bought them. I own them. And I have the right to enjoy them no matter what their age.
Again, the industry is spouting batshittery, telling you even though you pay for something you don't really own it and shouldn't expect to enjoy it forever. I wonder what kind of media library this jackass owns. Any books, CDs, vinyl, etc. out of print? Well, you gotta burn 'em and buy all new copies in DRMd digital formats. Can't expect to enjoy them indefinitely, now can ya? Yeah, somehow I think not.
If I buy it, I own it, and can do whatever the hell I want with it for as long as *I* choose. Bite me Metalitz.
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colinjm0517
July 30, 2009 at 5:01pm
When will they learn? Apparently they are too ignorant to realize that DRM=protest and they more they tighten their grip on people, the more people slip through their fingers. If they want to boost sales and stop losing money to Pirates and DRM Crackers then they should make content DRM-free and reverse the DRM on ALL infected content for FREE.
WGA is another word for spyware, and DRM is another word for virus or trojan
















