Er, remind me again: what happened to the Sioux?

I rubbed my eyes when I read this Reuters report

At a panel discussion on the second day of the 56th annual National Cable & Telecommunications Association conference, top executives said talk of the demise of traditional media in the digital age was overblown.

While new distribution technologies like the Internet and mobile phones are siphoning television audiences, media companies argued that the Web also brings new revenue streams.

But the discussion quickly moved to criticism of the perception that traditional media businesses are dead, and to the rampant copyright offenses enabled by new digital technologies.

“The Googles of the world, they are the Custer of the modern world. We are the Sioux nation,” Time Warner Inc. Chief Executive Richard Parsons said, referring to the Civil War American general George Custer who was defeated by Native Americans in a battle dubbed “Custer’s Last Stand”.

“They will lose this war if they go to war,” Parsons added, “The notion that the new kids on the block have taken over is a false notion.”

Get your number now — and protect it using the DMCA

Sometimes, satire is the only way to deal with oppression. Ed Felten’s been working overtime after the AACS claimed that it ‘owned’ a decryption key.

Remember last week’s kerfuffle over whether the movie industry could own random 128-bit numbers?

Now, thanks to our newly developed VirtualLandGrab technology, you can own a 128-bit integer of your very own.

Here’s how we do it. First, we generate a fresh pseudorandom integer, just for you. Then we use your integer to encrypt a copyrighted haiku, thereby transforming your integer into a circumvention device capable of decrypting the haiku without your permission. We then give you all of our rights to decrypt the haiku using your integer. The DMCA does the rest.

Here’s mine:

5A 3F 7B A3 1C 75 88 F6 18 53 C6 09 75 83 CC 71

I will be Very Cross if you use it!

Thanks to Bill Thompson for the hint.

(Bill’s number is 7E 3D 4C 5A 75 37 5D 28 82 1B 95 D5 D3 AF CB 3B and he’s equally possessive of it btw.)

Blu-ray’s secret key: now showing at websites everywhere

This morning’s Observer column

What’s in a number? Quite a lot, it turns out, if it’s a 16-digit hexadecimal (base 16) number that begins ’09 F9′. (That’s ‘9’ followed by ‘249’ in normal – base 10 – numbering.)

Why the fuss? Well, it appears that the 16-digit number in question is the cryptographic key for unlocking the copy protection on the new generation of DVD discs. It was discovered a while back and posted in obscure parts of the web, where it languished…

YouTube biggest hits may not be infringers

Interesting NYT report

ON YouTube, copyrighted video clips of movies and TV shows are far less popular compared with noncopyrighted material than previously thought, according to a new study.

On their face, the results could have serious implications for YouTube’s owner, Google, and the media companies, most notably Viacom, with which it has been negotiating. But not everyone agrees.

Vidmeter, which tracks the online video business, determined that the clips that were removed for copyright violations — most of them copyrighted by big media companies — comprise just 9 percent of all videos on the site. Even more surprising, the videos that have been removed make up just 6 percent of the total views (vidmeter.com).

The Vidmeter report is here.

What’s wrong with Viacom?

The question is John Dvorak’s — and it’s a good one.

BERKELEY, Calif. — I’ve been looking for analogies to describe Viacom Inc.’s recent demands that 100,000 short clips be removed from the YouTube video site. These clips, to me, represent 100,000 moments of free publicity for various Viacom properties, such as the “Daily Show” starring Jon Stewart.
It finally dawned on me that there was no good analogy, since this unprecedented act of stupidity was unlike anything I knew.

It wasn’t like someone finding a pot of money on a cab seat and making sure the rightful owner got it back. It was more like finding the pot of money, then suing the rightful owner because you were inconvenienced by the whole thing.
Make no mistake: Viacom’s decision was more like the person in the cab than it was “protecting copyrighted material,” which is the company’s claim.

First of all, what is an old 3-minute clip of the “Daily Show” worth on the open market? Seriously, what is its value?

Answer: zilch.

Joyce aggression finally halted

Hooray! Stephen Joyce, the maniacal enforcer of the James Joyce estate, has finally met his match. His nemesis: one Lawrence Lessig. Here’s the report from Stanford Law.

Last June we sued the Estate of James Joyce to establish the right of Stanford Professor Carol Shloss to use copyrighted materials in connection with her scholarly biography of Lucia Joyce. Shloss suffered more than ten years of threats and intimidation by Stephen James Joyce, who purported to prohibit her from quoting from anything that James or Lucia Joyce ever wrote for any purpose. As a result of these threats, significant portions of source material were deleted from Shloss’s book, Lucia Joyce: To Dance In The Wake.

In the lawsuits we filed against the Estate and against Stephen Joyce individually, we asked the Court to remove the threat of liability by declaring Shloss’s right to publish those deleted materials on a website designed to supplement the book. After the trying to have the case dismissed for lack of subject matter jurisdiction, the Estate gave up the fight. Joyce and the Estate have now entered into a settlement agreement enforceable by the Court that prohibits them from enforcing any of their copyrights against Shloss in connection with the publication of the supplement, whether in electronic or printed form. (The Settlement Agreement is posted here.)

This is a remarkable victory given the Estate’s past aggression. But more are needed in order to make clear and concrete the protections that Fair Use is intended to protect in theory. We hope this is the first in a string of many cases that vindicate the rights of not only scholars and academics, but creators of all manner.

Official press release here.

Copyright greed alive and well in US

From SaveNetRadio.org

On Friday March 2nd 2007, the Copyright Royalty Board announced new royalty rates for Internet Radio stations. The rates are retroactive to January of 2006.

The new rates are far higher than any industry experts expected. In fact, if they remain unchanged, bankruptcy looms for many online radio stations.

The new rates essentially levy a tax of $0.0011 per performance. Now, that doesn’t sound bad does it. But consider this. Each hour, the average radio station plays 16 songs. So that’s about 1.76c per hour, per listener. A station with 500 listener average would be hit with fees of $211 per day, $6,336 a month or $76,000 a year.

This amount of money is beyond the resources of all but the very wealthiest of corporations. Many of the internet radio stations are run by enthusiasts and hobbyists. These small stations are the ones bringing new music, and old favorites to you every day. Music you can’t hear on corporate-owned terrestrial stations.

Could this be the day the music died?

Thanks to Rex Hughes for the link.

BitTorrent goes commercial; bye-bye BitTorrent

From Good Morning Silicon Valley

BitTorrent has gone legit — signed a deal with movie studies to enable them to use the system to distribute their content.

Unfortunately, getting in bed with the entertainment companies involves a lot of bondage, and that means BitTorrent will limp out of the starting gate. All the content is encased in Microsoft digital rights management and can be played only with Windows Media Player — no Macs, no iPods. And while the service will sell episodes of TV shows, it will only rent movies — they expire within 30 days of their purchase or 24 hours after the buyer begins to watch them. Ashwin Navin, BitTorrent’s co-founder and chief operating officer, told the New York Times the company could have offered movies for outright sale, but the studios wanted to charge prices so high he was afraid to even let users see them. “We don’t think the current prices are a smart thing to show any user,” he said. “We want to allocate services with very digestible price points.” And Bram Cohen, BitTorrent’s co-founder and chief executive, and the inventor of the technology, sounded like he had to hold his nose a bit to swallow the terms. “We are not happy with the user interface implications” of digital rights management, Cohen told the Times. “It’s an unfortunate thing. We would really like to strip it all away.”

Not an auspicious beginning, given the nature of BitTorrent’s core users — males between 16 and 34…

Yep. And it was such a nice technology.

What ironic about this is that BitTorrent is the kind pf P2P technology that the content industries once wanted to see wiped from the face of the earth.

The nightmare after Christmas

I know one is not supposed to start the year on a gloomy note, but Quentin has a really sombre post about the implications of the DRM measures built into Vista.

Peter Gutman’s A Cost Analysis of Windows Vista Content Protection should be required reading for anybody in the technology business. It’s an analysis of the way Microsoft’s devotion to ‘content protection’ is crippling the PC of the future.

It should also give pause to those thinking of building a media-centre around Microsoft technologies in the New Year, or of upgrading their PC to one based on Vista.

The good news is that you may be able to play Hollywood movies in high-definition on your Vista machine (as opposed to, say, on a dedicated DVD player). The bad news is that almost everything else about the PC platform will be made worse as a result…

Quentin quotes Peter Gutman’s illustration of what this could mean in practice:

Consider a medical IT worker who’s using a medical imaging PC while listening to audio/video played back by the computer (the CDROM drives installed in workplace PCs inevitably spend most of their working lives playing music or MP3 CDs to drown out workplace noise). If there’s any premium content present in there, the image will be subtly altered by Vista’s content protection, potentially creating exactly the life-threatening situation that the medical industry has worked so hard to avoid. The scary thing is that there’s no easy way around this – Vista will silently modify displayed content…

The strange thing is that most of this DRM lunacy seems to have been created at the behest of the recording and movie industries. Microsoft is bigger than all of those companies combined. It could have said — as someone (it’s not clear who from Quentin’s post) commented:

While it’s convenient to paint an industry that sues 12-year-old kids and 80-year-old grandmothers as the scapegoat, no-one’s holding a gun to Microsoft’s head to force them do this. The content industry is desperate to get its content onto PCs, and it would have quite easy for Microsoft to say “Here’s what we’ll do with Vista, take it or leave it. We won’t seriously cripple our own and our business partners’ products just to suit your fancy”. In other words they could make it clear to Hollywood who’s the tail and who’s the dog.

Before Vista, I thought that anyone who willingly used a Microsoft operating system was merely foolish; from now on, I think they will have to be regarded as certifiable.

The Vista EULA

Very acute piece by Scott Granneman about the Vista licence agreement. No surprises for those of us who distrust Microsoft, but it ought to be sobering for anyone who does — or who doesn’t care what they are signing up to.

A long time ago, a high school kid who wasn’t that great of a student told the class, after a long discussion about governments and politics, “Well, here’s what I’ve learned: socialism is fair but doesn’t really work, while capitalism isn’t fair but does work mostly.” Not too bad for a 9th grader.

More recently, I had the adults in “Technology in Our Changing Society” read both the Windows XP EULA and the GNU General Public License. When I asked them what they thought, one woman said, “The EULA sounds like it was written by a team of lawyers who want to tell me what I can’t do, and the GPL sounds like it was written by a human being who wants me to know what I can do.” Nice

The next version of Windows is just around the corner, so the next time we discuss software licensing in my course, the EULA for Vista will be front and center. You can read the Microsoft Vista EULA yourself by going to the official Find License Terms for Software Licensed from Microsoft page and searching for Vista. I know many of you have never bothered to read the EULA – who really wants to, after all? – but take a few minutes and get yourself a copy and read it. I’ll wait.

Back? It’s bad, ain’t it? Real bad. I mean, previous EULAs weren’t anything great – either as reading material or in terms of rights granted to end users – but the Vista EULA is horrendous…

He’s right: it is. What’s particularly interesting to me is the way it precludes users from running the two cheapest versions of Vista with virtualisation software like Parallels Desktop.

Longish article. Worth reading in full.