Broadcasters Want Cash For Media Shared At Home 426
marcellizot writes "What would you say if I told you that there are people out there that want to make sharing your media between devices over a home network illegal? According to Jim Burger, a Washington, D.C attorney who deals with piracy in the broadcasting industry, certain broadcasters want to do just that. Speaking in a recent podcast, Burger remarked that the broadcasting industry is keen to put controls on sharing media between devices even if those devices are on a home network and even if the sharing is strictly for personal use. When pressed as to why broadcasters would want to do this, Burger replied simply 'because they want you to pay for that right.'"
And this is news? (Score:5, Insightful)
I have paid for that right. (Score:5, Insightful)
Duh (Score:4, Insightful)
Crooks, fighting to uphold a dying business model, and squeeze every penny out of it the entire way.
Re:Duh (Score:5, Insightful)
isnt this about 25 years too late? (Score:5, Insightful)
Non-electronic example? (Score:2, Insightful)
I wish a judge would stop their bullshit campaign! (Score:5, Insightful)
I already did, with my taxes. I have fair-use rights that trump the media industries desire to make money.
Discussion over.
Losing customers (Score:5, Insightful)
Well, I'm as polite as possible when I say to them (Score:1, Insightful)
You have to get closer to the average idea of what a consumer should be able to do, not further away. If you continue to make these outrageous claims, there's a good chance that you can't even hold your more reasonable points.
in order for that to be true (Score:5, Insightful)
It's not just broadcasters (Score:4, Insightful)
Maybe you didn't... (Score:5, Insightful)
For example, you should not be allowed to hijack domains and call yourself an ISP. You can still hijack domains and sell some sort of service, but you shouldn't be able to call it Internet service.
You should not be allowed to sell a CD with any kind of copy protection (let alone rootkits) and call it a CD. You can still sell them, but they should include a fairly large disclaimer to the effect of "This is not a CD." Ditto for DVDs with any copy protection beyond CSS, especially deliberately breaking the spec to where it won't even play on your own players (I'm looking at you again, Sony) -- you could call it a movie, but not a DVD, and it should be very clear that it is not intended to be able to play in DVD players.
And you should not be able to sell media that has its fair use restricted and call it "selling" -- indeed, you must make it very clear that the customer is renting the media.
At least if we had a clear definition of terms, I could buy a movie and know it will play on anything.
As it is, they don't even need additional legislation to make this work. All they need is what they already have -- DRM + DMCA. They can use DRM to prevent you from copying the media around your house, and the DMCA will make it illegal to crack that DRM, even if you have the right to copy the media around your house.
Re:specifics? (Score:3, Insightful)
You should not underestimate people's ability to bow to these kinds of pressures. We live in a world where most people do not think twice about waiting for a dvd from netflix in the mail. Sneakernet as a way to deliver bits is alive and well.
I read the articles but did not listen to the mp3, and the articles had little information. The surprising thing though is the openness at which the real issue here is control. Some people are so bent on control that they fail to see the difference between information/ideas and physical things. Sadly we are still a long way from the day that people can produce and distribute their own media. There are a few people who are able to do it, but it seems that even those small gains are under constant attacks from a wide variety of powerful entities.
Re:Pay per play is a great innovation. (Score:3, Insightful)
No You Didn't (Score:4, Insightful)
The whole point behind those stupid trailers in front of DVD's, stupid FBI warning and RIAA lawsuits is to instill fear.
They want you to believe *they* are the ultimate authority. So far, it's working great.
Re:And this is news? (Score:3, Insightful)
But for now they'll settle for this...total control of crappy, unimaginitive content doesn't happen overnight afterall...it takes many nights of boozing up senators, tropical vacations, and 4,000 sq. ft. summer homes before that can happen.
Absurd Scenarios (Score:5, Insightful)
Second, if I buy a song online to listen to in my home office, are they going to charge me to upload it to my media center PC in the living room? Now, what if I install a second set of speakers from my home office into my living room? Does that count? What's the difference?
What if I have it on a removable drive that I then bring from room to room and listen to the music on it on different computers? Charge me for that? What if I just walk from room to room with an iPod? Music in the office, music in the kitchen? What's the difference? Obviously, I can argue the fine points here, but that is just it. The various gray scenarios are absurd...
I should be able to buy music and listen to it (me and anyone within earshot) in any fashion, on any machine, no matter where I am.
Re:Maybe you didn't... (Score:5, Insightful)
This is not a CD, it's a MegaDisc! MegaDisc gives you the hot new music video, footage from the concert Live in Moscow, and behind the scenes footage showing you a day in the life of the artist!
So don't settle for a CD, when you can have a MegaDisc!
Re:I wish a judge would stop their bullshit campai (Score:3, Insightful)
[1] E.g. You don't have to buy a copy of content to exercise fair-use, like excerpts, etc.
[2] You don't have to pay taxes to have rights. Children, people who are unemployed, homemakers, and many other classes of people may not pay taxes but still have these rights.
Re:Losing customers (Score:4, Insightful)
Right now the file-sharers are experiencing technical and legal roadblocks to doing what they want to do. The media companies are trying to expand this war, year by year, to include activities that were previously legal. (As Lawrence Lessig puts it, previously most actions related to media were presumptively legal... in a digital age we're now seeing most actions being presumptively illegal.) So whereas laws and technological restrictions may have been originally intended to stop file-sharing (and other "bad stuff") they will inevitably be expanded by the media companies to include things like "fair use" and other things which were previously presumptively allowed (listening to a purchased recording more than once... using the same copy of a recording in your home CD player and in your car...). These things are not even "fair use"... there was no name given to them because they were so obviously allowed! (But not anymore!)
Year by year it will get worse. You may not be breaking the law today... but don't worry, you'll be breaking the law soon enough... and it will cost you money to be "legit."
We need a model for production and distribution that gets away from this insane control and this slippery slope towards paying for every single minute fraction of "media" every single time we experience it. We need to look towards supporting creative commons, and actively reducing the scope of copyright. It should be possible to create a system where content creators are rewarded, but where the audience is not burdened. File sharing and payment to artists are not mutually exclusive.
Unless, of course, you like paying more and more for less and less.
Where did this idea come from? (Score:3, Insightful)
AFAIK, there's no law preventing me from purchasing a book then using a magnifying glass or opaque projector to read it. Why do they think that copyright for music or movies prevents me from using different technology to access the paid-for content?
The Who: "We're Not Gonna Take It" (Score:3, Insightful)
Re:specifics? (Score:5, Insightful)
Do this with a wireless replacement and there's a fee?
Shoot these bastards. Leave their bodies in the river.
Re:And this is news? (Score:3, Insightful)
I stopped buying DVDs and CDs years ago once they made their intentions clear.
Anyone wonder why the thepiratebay.org makes $9,000,000 a year even though they don't sell anything?
The idiots who control the media would probably make us pay per eyeball per frame of video if they could.
Fuck them, I'm not going to support their lobby by funding them in any way.
Re:No You Didn't (Score:2, Insightful)
Re:specifics? (Score:5, Insightful)
I say if you broadcast a message over public airwaves using the community's radio spectrum, you probably shouldn't get the same rights that you do if you are publishing a book or releasing a new CD. If you don't like that idea, then maybe you can not use public airwaves, which belong to the community.
Lawyer is a Fool (Score:5, Insightful)
A 'right' is something that you can do without asking anyone else's permission. Once you have to ask someone's permission, then it no longer becomes a 'right' but a 'priviledge'. He just admitted that they want to charge people for exercising their right to use their own property. At best, he's just not that bright; at worst, this is yet another unwarranted advance on our freedoms.
Re:Maybe you didn't... (Score:3, Insightful)
First, the tech is there now, and has been for several years. There's just no real way to make it interoperable.
Second, this is a Libertarian philosophy, and it doesn't really hold up. The free market does not always sort itself out. If it did, why does everyone still use Windows?
In any case, my examples of CDs and DVDs are pretty clear: Customers are, in fact, willing to put up with ridiculous DRM schemes that prevent them from watching the movie, because they expect technology to not work all the time. Their expectations actually are that low, and their tolerance is even higher with new tech -- HDMI should, by all respects, be more reliable than DVI or RCA. But it isn't, because of HDCP. But nobody cares, because it's new, and you expect this sort of thing, so they just wait for it to be "fixed".
Again, I'd really, really like to.
But ultimately, this means I have to stop using all legitimate media, and only use pirated media (or nothing at all). This is because I have no reasonable way to distinguish between actual CDs and CDs that are designed not to play properly in computers (and some car stereo systems), or actual DVDs and DVDs that are designed not to play in computers (and some more expensive DVD players) other than to actually buy the product (or rent it), bring it home, and try it. At which point they already have my money, even if it doesn't work.
Pirated media, however, always works. I'm far more likely to have trouble playing a physical DVD due to copy protection bullshit than I am to be caught for copyright infringement, and any movie I download is pretty much guaranteed to play every time. The only time I haven't been able to get one to play was that my computer was too slow to actually play 1080p HD in realtime, so I re-encoded it.
If I could pay for a better experience, I would. Unfortunately, the "free market" doesn't allow me to.
Re:specifics? (Score:1, Insightful)
If you can't do the time, don't do the crime. Tell the whore to keep her legs together until she can afford to feed the kids that she is producing.
Re:specifics? (Score:5, Insightful)
Rights?! (Score:5, Insightful)
You don't pay for rights. Rights are inherent (or God-given, if you prefer). You pay for privileges.
Ahem (Score:2, Insightful)
That is all.
Re:specifics? (Score:5, Insightful)
In which case those "artists" could use their art as a hobby/pastime activity, and seek out paying work like the rest of us.
Re:specifics? (Score:3, Insightful)
People are raised in environments that affect them. Rich inherit wealth, poor inherit poverty. People struggling and trying are tempted by credit cards. They end up both working at and buying everything from walmart which is fast becoming the modern equivalent of the early 20th century's "company store...."
Meanwhile, mod me off topic, again, for addressing something that original parent brought up (gas prices) and also by stating, again, that in light of the economic woes of the U.S., music trading, copyrights laws, is just such an oddity....
Odd, I thought this place was full of democrats....
Monopoly powers (Score:1, Insightful)
Besides, I meant "useful to society" not merely "having some use"
As for the "sheep" bit, I don't like sheep and I'm not from NZ or Australia. There are no "sheeple" here (although there are plenty of gullible idiots) and I hope it stays that way.
Re:I have paid for that right. (Score:2, Insightful)
You don't need a law that says you can have multiple copies on multiple devices unless there's law that says you can't. In the US everything is legal unless there's a law against it.
Re:specifics? (Score:5, Insightful)
It was ALWAYS about control. Intellectual property is and always was about control. It was NEVER about "stimulating invention for the benefit of the species." That has never been established anywhere in history or in theory.
And if you accept the basic premise of IP, it leads inexorably to exactly this situation - total control over your behavior.
And it's not just the state that wants total control of your behavior - it's everybody else, too.
Basic primate psychology: "If you're right, I'm wrong. And if I'm wrong, I'm dead - and that can't be allowed. So I'm right and you're wrong. And that means I have to control everything you think and do - assuming I let you live at all."
And since we have the state, the easiest way to do that is to bribe it to pass laws so I can draw on the state's "monopoly on violence" to my own benefit. Because I'm afraid I don't have the power to compel you the way I want to without the state's support. Which is also why I bow to the state - because they might kill me otherwise.
This is the way the human species works - non-stop, pervasive fear. The only solution is: transcend human nature so it is no longer ruled by primate emotions.
Fortunately that is likely to happen in this century as nanotechnology and biotechnology allow us to alter the human body and brain into new configurations.
In the meantime, things will get worse before they get better.
Operative: It's worse than you know.
Mal: It usually is.
Re:specifics? (Score:5, Insightful)
I guess I could move to another city.. Oh wait, that would use gas too.
Re:And this is news? (Score:3, Insightful)
Re:specifics? (Score:2, Insightful)
Re:specifics? (Score:4, Insightful)
They do? Oh shit, what happens if you don't get it? 'cause I haven't bought gasoline in...let's see...ever.
Having lived in a couple different places, I've used public transportation most of my life. There are a few of those places where there's no way in hell I'd live without a car, if I couldn't have one I'd move to the city immidiately. Just because *you* don't need a car doesn't mean there's a lot of places where you do. Plus that's just me, if you have to deliver kids to daycare or whatever, the opportunities are often few. Sure it's not a basic necessity to survive, but it's not like I'm going to back to the stone age (hey, people survived back then too) voluntarily. It's necessary to live what I would consider a normal, average life.
Maybe in your absolute view of the world some 95%+ of the world is living in luxury because they're able to afford more than food, clothes, shelter and medicine (roughly 0.1% of the population starve to death by comparison), but I'd say that's a very fucked up definition of luxury. That doesn't include the luxury of sending your kids to school instead of working to support the family. It doesn't include the luxury to earn anything to buy or own anything, it's basicly what you'd get at an emergency aid camp. Anything on top of that is luxury? I dare you to live one month without any of your "luxuries", I bet they won't feel that way afterwards.
Re:specifics? (Score:3, Insightful)
Re:specifics? (Score:2, Insightful)
Re:specifics? (Score:2, Insightful)
Now, if you were referring to just swalllowing it whole...
As one with a fairly big capitalistic house (Score:4, Insightful)
I don't care if he squats on the MIT campus. And he has a MORAL reason.
Calling him a loon because he doesn't live the way you do, or the way you want him to, is... well... they stuff NERDS in lockers because of the same mentality.
Re:Maybe you didn't... (Score:3, Insightful)
It's indicative of where we've come as a society that in a "free market" we have the corporations now making demands on its customers instead of the other way around. Supply and demand has become a fiction. We now work for the companies instead of the other way around (and I don't mean as employees). I believe the revolutionary concept of the next generation is going to be that the workings of the "Marketplace" have never been anything like related to free-market economics. In fact, it's been some time since capitalism as practiced has been anything like a free market.
Re:specifics? (Score:2, Insightful)
I'm not a geologist, but I'm willing to go out on a limb and say cutting a rock isn't gonna make it juicy.
Re:specifics? (Score:2, Insightful)
Re:specifics? (Score:3, Insightful)
Look at the situation with films. A few people, i.e. Roger Corman, turn out movies on shoestring budgets. Corman never had a single over budget film or a single flop. His Autoiography is entitled "How I Made a Hundred Movies in Hollywood and Never Lost a Dime". He trained some of the best modern directors still working today in their fledgling years, and people such as Speilberg have given him praise for his skill. While his own work was chiefly 'B' movies such as the many Edgar Allen Poe 'adaptations' he directed, his guidance and funding played a large part in many more prestigious films such as "The Lion in Winter" (O'Toole/Hopkins/Hepburn version, not the Patrick Stewart remake). But while directors and actors generally like Corman, He still gets no respect at all from most of the Hollywood producers and certainly not from studio management, and is often treated in a way no one else who even once had the clout to get even a single picture made would expect. With admittedly a very few exceptions, the studios have ignored his methods of getting pictures out on time and budget totally.
Why? Because it's not just about making money to them - it's more about having a film that gets number one's right and left in publicity, that afterwards people will be saying it impacted a whole nation or generation, a film that says you have had more power over the rest of reality, particularly political reality, than all the other guys in the business. Studios routinely take huge chances and lose millions without anyone getting fired.
People who want another good example might read up on the original Planet of the Apes series and what the studio did with the profits from those films.
Or look at Audio. Why did an RIAA member decide that, with rumors of child molestation already developing before they started negotiation, they should put nearly their full year's promotion budget into a Michael Jackson comeback album? Especially, when his last album had sold less than half what Triller did, and he also had developed physical problems with his appearance (also pretty well known within the industry by then)? Maybe you can claim that's still all about money, but to me, it looks more like somebody thought they could reshape public taste any way they wanted, that they had the sheer power to override all the negatives accumulating and turn him back into a literal billion buck ultra-platinum income source. Scarier, there's talk of another comeback attempt this fall. If this is all about money, do you think there there are any real financial arguments for such a second attempt that can sway even a semi-rational corporation into taking such a gamble again? Powerlust makes people take gambles even greed can't.
Re:As one with a fairly big capitalistic house (Score:3, Insightful)
Yeah, and while we're on the topic, what's up with that Jesus guy? Walking around, talking to people, not paying taxes, telling people they shouldn't kill each other...
And Ghandi! What a fuck THAT guy was. Sitting around, changing the world. And that's to say NOTHING of the Buddha, who left his kingdom without king so he could sit around and meditate...
I sure hate people like RMS. Why doesn't he do what everyone else does?
Re:specifics? (Score:3, Insightful)
For the record, I have done exactly that for much longer than a month before, but that's beside the point. I do have luxuries, just like you and everyone else, and if I had to get rid of them all forever, my life wouldn't be as fun. I also often catch myself taking them for granted - beginning to believe that they're not luxuries at all but things I need in some absolute, urgent sense.
They're not. There's nothing wrong with having luxuries, but call them what they are. Calling something a "need" has an implicit subtext that we have an inherent "right" to have it. I'm not calling for the elimination of all luxuries, I'm calling for perspective. Realize that we can go without a lot of the things we take for granted, and it's a lot easier to reconsider how much we want of them, and if it's worth all the consequences. By refusing to acknowledge this reality, we give ourselves a free ticket to continue doing exactly as we like, without caring about the result.