Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×

FairUse4WM Breaks Windows DRM 617

An anonymous reader writes "FairUse4WM, according to engadget, "can be used to strip Windows Media DRM 10 and 11". What does the slashdot community think of this development in the ongoing cat-and-mouse game going on between big media and what is available online?"
This discussion has been archived. No new comments can be posted.

FairUse4WM Breaks Windows DRM

Comments Filter:
  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @11:49AM (#15994146) Homepage Journal
    FairUse4WM Breaks Windows DRM

    should read:

    FairUse4WM Fixes Windows DRM

    'cause it makes something previously unusable, usable. (Not that I will ever be using this app, I've never been stupid enough to buy a DRM encumbered piece of content).

    Oh - and for those hoping it stripped the DRM from WMV9. Nope, WMA DRM only.
  • by Daniel_Staal ( 609844 ) <DStaal@usa.net> on Monday August 28, 2006 @11:56AM (#15994207)
    Come singularity I want to be able to buy music, not just rent it.

    But I'd rather these services died a market death than a technolocial one. Then maybe the media companies would realize that people don't want to pay for something continually.

    And, well, if other idiots think that renting music is better than buying than maybe they should be allowed too.
  • Good news (Score:3, Insightful)

    by jay2003 ( 668095 ) on Monday August 28, 2006 @11:57AM (#15994220)
    Now I can finally see Windows Media DRMed content on my mac. I really don't care whether M$ supports DRM on the mac or somebody else breaks it. I'm just sick of the "macs not supported" errors when trying to view video on the mac.
  • Cat and Mouse? (Score:5, Insightful)

    by Lord_Slepnir ( 585350 ) on Monday August 28, 2006 @12:00PM (#15994240) Journal
    the term cat and mouse game implies that there is a chance for the big media companies to win. For every programer that they employ to create DRM, there are at least 10 hackers sitting around with nothing better to do than to break this, and many of them come from countries that either do not respect US IP laws (Korea, China), or that do not have such insane IP laws like ours to begin with (Sweden). To be blunt, they do not have a chance to win at all.
  • by Red Flayer ( 890720 ) on Monday August 28, 2006 @12:00PM (#15994244) Journal
    But seriously, if you've bought something with Windows DRM, you could spent a few minutes searching around on Bittorrent and download a DRM-free version of it.
    IANAL etc.

    But to me there is a clear distinction -- in one case, you're manipulating a file that you acquired (likely legally, since it's DRM'd). In the other case, someone is distributing a file that is a copyrighted work -- not fair use.

    I don't want to get into the whole debate about whether copyright is Evil (tm), but from a personal liability point-of-view, I'd think it also much easier to justify fair use when you remove the DRM yourself than if you acquire a DRM-free version via bittorrent. Maybe not easier to justify it to **AA lawyers, but at least easier to justify it to yourself :)
  • by tomstdenis ( 446163 ) <tomstdenis@gma[ ]com ['il.' in gap]> on Monday August 28, 2006 @12:01PM (#15994253) Homepage
    Well just think about this. DRM is their way of saying "fork over your money, you'll get to use it on our terms."

    You may not have hit a DRM wall but that could because

    1. You're not an enthuiast
    2. You don't know what your rights are anyways [fairuse?]
    3. You're not doing anything special with your media.

    Try making a backup [shock! that's legal!] or a clip for a class or ...

    Try to watch that movie on a "non-approved" device? Try to listen to that music CD in your computer, try to ...

    DRM breaks otherwise valid products in a futile attempt to extract more money out of you.

    Tom
  • by dsginter ( 104154 ) on Monday August 28, 2006 @12:02PM (#15994258)
    Actually, it should read:

    FairUse4WM Circumvents Windows DRM

    Now, "fair use" is another argument altogether. I understand that, given the chance, most consumers will steal media without a second thought. I also think that the current DRM implementations are stepping on consumer rights. Is there a balance?

    Yes. This discussion is left as an excercise for the reader.
  • by WatchTheTramCarPleas ( 970756 ) on Monday August 28, 2006 @12:04PM (#15994273) Homepage
    It only takes 1 realy angry 12 year old to make a copy of a piece of media (un DRMed through various means including cracking and the analog hole) available freely on the internet for it to be available to anyone everyone. Why would you alienate your consumers with a technology that doesn't fix the problem but creates more?
  • easy (Score:4, Insightful)

    by scenestar ( 828656 ) on Monday August 28, 2006 @12:04PM (#15994275) Homepage Journal
    What does the slashdot community think of this development in the ongoing cat-and-mouse game going on between big media and what is available online?"

    Information is public property, DRM is just a challenge
  • Predicted. (Score:5, Insightful)

    by twitter ( 104583 ) on Monday August 28, 2006 @12:06PM (#15994298) Homepage Journal

    Everyone knows the DRM is nothing but an inconvenience to normal users suckered into repurchasing music they have owned for decades in format after format. It had zero impact on wholesale media rip off, where "pirates" duplicate the original distribution medium. It's had zero impact on file sharing. Sooner or later, legitimate users are going to get fed up with format changes and eternal copyright. DRM is the last gasp of industries that depended on expensive physical distribution and government broadcast franchises to survive. No one else wants it and it's going away. Until it does, I've given up on their content. Big media won't be seeing any of my money till they make life easier for me and their artists.

  • by 99BottlesOfBeerInMyF ( 813746 ) on Monday August 28, 2006 @12:07PM (#15994304)

    Granted, a better way to be would simply to have avoided buying DRMed music in the first place, but not everyone has that foresight.

    That would be better, if music distribution was not run by a cartel, repeatedly convicted of abusing their control of the market. I'd love to see everyone become enlightened and move to all DRM-free indy music, but realistically, the market will not properly counter a monopoly or cartel and the legal system and legislature are corrupt and easily bribed.

  • by rainman_bc ( 735332 ) on Monday August 28, 2006 @12:09PM (#15994321)
    You have the right to tear down your home and put up a scale replica of the Taj Mahal, right?

    As zoning laws apply to your property by precdent, licensing applies to the ones and zeros on your HD by precedent.


    Wow. that's quite the analogy.

    I don't understand how one is related to the other. Putting up a replica of the Taj Mahal is (arguably) an eye sore, and should have community consultation before said replica is built. I don't understand the parallels you've drawn. I don't understand how doing anything to my hard drive has any affect on my neighbours.
  • by hyfe ( 641811 ) on Monday August 28, 2006 @12:11PM (#15994337)
    FairUse4WM is going to be rightly bitch slapped by Microsoft.
    It's only "rightly" if you assume Moraly==Legality.
    Piracy of software and music is still piracy and still illegal.
    Actually, in consumer-protecting sizzy-countries like the Scandinavians ones, where the rights of re-sale and free-use trumps contracts, terms-of-use and EULA's there's a good chance DRM-stripping is not only legal, but a civil right. Too bad we've never tested it in court (from the correct angle).

    So even if you assume Morailty==Legality, legality does differ from country to country.

  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @12:12PM (#15994347) Homepage Journal
    Just because its not usable to YOU, doesn't mean its not usable to the rest of us.

    But I was talking about me! Neither my preferred music software, nor my mp3 player support fairplay *spits* music. To me it is unusable.

    Some of us don't have this fixation on the thought that software and music should be free.

    Strawman.

    I have a fixation that I should be free to listen how I like to music I've paid for.
  • by SirTalon42 ( 751509 ) on Monday August 28, 2006 @12:13PM (#15994359)
    What does DRM have to do with Piracy?


    One encourages the other. And I'll let you in on a little secret, it's not the one the RIAA wants you to think.
  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @12:18PM (#15994385) Homepage Journal
    or if I wanted to email these "educational" clips to everyone in my class then I'd have some trouble

    What if you were the teacher? (dumbass)

    basically with Apple DRM *I* can do whatever *I* want to do,

    As the GP said:

    1. You're not an enthuiast
    2. You don't know what your rights are anyways [fairuse?]
    3. You're not doing anything special with your media.

    Oh - and congratulations. I've never seen a post disagreeing with it's parent backup the parents POV as thoroughly as you just did!
  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @12:23PM (#15994420) Homepage Journal
    My God your nick is appropriate!

    I know well what my rights are. They are listed right in the EULA when I installed the various Music Stores.

    Then you don't know what your rights are - because all those Music Store licenses allow them to change your rights, without notice, at any time, for any reason.

    I hope you wouldn't accept the same conditions for your constitutional rights.
  • by steve-o-yeah ( 984498 ) on Monday August 28, 2006 @12:24PM (#15994422)
    This further proves that in spite of the best efforts of media companies, some brave souls on the Internet will continue to fight the good fight...and more often than not, win.
  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @12:27PM (#15994447) Homepage Journal
    then I'd show the clip during CLASS

    Every class I've been to, the teachers have made all of their teaching material electronically available to the students.

    A good teacher will show the clip during class, and have that clip available for students if they need to refresh their memory, had a conflicting class, dentists appointment, were sick (or just at the beach) (d.a)
  • by morgan_greywolf ( 835522 ) on Monday August 28, 2006 @12:29PM (#15994461) Homepage Journal
    Some of us don't have this fixation on the thought that software and music should be free. Regardless of what you think, its currently not, right or wrong. Piracy of software and music is still piracy and still illegal.


    This has nothing to do with privacy. It has to do with being usable under the rights granted by fair use under the United States Copyright Act and similar laws in other countries.

    Under fair use, it is my right to be able to take copyrighted music that I have legally purchased and be able to play that on any device I own. That would include being able to burn music to CDs, listen to it on an MP3 player, convert it from one format to another (say, WMA -> OGG or MP3, listen to it on my PC regardless of underlying OS (i.e., under Linux or *BSD), sample it into my music synthesizer/audio sequencer, etc. DRM prevents me from excercising my legal rights.

    Or maybe you don't care about your legal rights... but one day, you will get a right taken from you that you care about. We'll see who's complaining then.

  • by hey! ( 33014 ) on Monday August 28, 2006 @12:32PM (#15994488) Homepage Journal
    The goal of DRM is to make content harder to pirate than most people are willing to work. IE, make DRM easier than piracy. However, since only one or two people (hi-fi and low-fi versions) need to crack a CD/song to get it into the filesharing networks, DRM as it stands is failing. However, a non-crippled DRM, that can do almost everything pirated music can do, can work well. It's easier to use, legal, and can play on most players. That sounds like something that can beat piracy, because most people want easy, legal, and affordable music. $10 or $15 a month for music is reasonable, and if you get decent rights to go with it (any MP3 player, all your computers, etc.), it sounds like a great deal.


    I think you make an important point here. One thing that people have lost sight of is that copyright is, in effect, a deal. Companies are too frightened of changing their business models to propose reasonable deals to consumers; and in their fear they place complicated restrictions on their customers.

    Like many acts borne of fear, it is bound to produce the effects it fears most.

    This puts me in mind of Lord Macaulay's speech on copyright extension:


    I will only say this, that if the measure before us should pass, and should produce one-tenth part of the evil which it is calculated to produce, and which I fully expect it to produce, there will soon be a remedy, though of a very objectionable kind. Just as the absurd acts which prohibited the sale of game were virtually repealed by the poacher, just as many absurd revenue acts have been virtually repealed by the smuggler, so will this law be virtually repealed by piratical booksellers. At present the holder of copyright has the public feeling on his side. Those who invade copyright are regarded as knaves who take the bread out of the mouths of deserving men. Everybody is well pleased to see them restrained by the law, and compelled to refund their ill-gotten gains. No tradesman of good repute will have anything to do with such disgraceful transactions. Pass this law: and that feeling is at an end. Men very different from the present race of piratical booksellers will soon infringe this intolerable monopoly. Great masses of capital will be constantly employed in the violation of the law. Every art will be employed to evade legal pursuit; and the whole nation will be in the plot.


    Lord Macaulay's position on intellectual property was one of moderation and pragmatism. He had no truck with either form of absolutism: that which states and absolute right to use whatever information falls into our hands, or that which states and absolute right of an author to control his work as his personal property. He sees this as a deal whose terms should be set in a way that provides income to the author while minimizing inconvenience to the public. In the case of copyright extension, I think this position is sound: the gulf between what a copyright term needs to be to incent an author and the point at which the public is seriously inconvenienced is large enough to permit a whole range of pragmatic solutions that maximize the production of new books equally.

    DRM for recorded music performances is possibly a different situation, and more challenging to forge a pragmatic solution for. A service like the original Napster is so convenient the bar for inconvenience is set very low. Low enough that the business models for music distribution that worked at the start of the 1990s no longer work. Apple has shown the way here: low price with high convenience converts into high volume. Keeping the DRM relaxed, basically only strict enough to prevent wholesale redistribution, keeps convenience reasonably comparable to the original Napster service. I don't think a monthly subscription service works, because it is inherently more complicated, because you are buying a relationship, not music.

    The problem is greed, which I'd define as demanding more than is good for you. Or at least demanding what, if others in your position did likewise, would encourage the kind of reaction Macaulay envisions to excessive restrictions.
  • Re:easy (Score:3, Insightful)

    by jedidiah ( 1196 ) on Monday August 28, 2006 @12:38PM (#15994529) Homepage
    Information wants to be free as soon as you publish it.

    Information IS free as soon as you publish it.

    That's rather the point.

    Your weak attempts at analogy creation fail to capture that one key element of the information actually under discussion: It's already being spread far and wide by it's creator. The creator actually wants it that way.
  • by 99BottlesOfBeerInMyF ( 813746 ) on Monday August 28, 2006 @12:39PM (#15994538)

    Because that's the whole justification for it? If you can't copy it, you obviously can't violate copyright*. Any other reason why you would want in whole or in part to copy it is collateral damage.

    But you can copy DRM'd materials. You can make an exact copy, you can strip the DRM, or you can plug your speakers straight into a recording jack. It is an inconvenience to copying, but for the most part you can just download a DRM-free copy elsewhere and the fact that it is illegal does not matter if you're a pirate to start with.

    I thought the myth that DRM stops piracy or even is intended to stop piracy was debunked long ago by a huge variety of different people. It is useful to make things hard for the law abiding, not for pirates.

  • by BoRegardless ( 721219 ) on Monday August 28, 2006 @12:41PM (#15994559)
    If a seller sets his price &/or terms too high and (thus) restricts the end user, his volume falls, and he makes less off his product.

    My bet is that the media companies have done and are doing EVERYTHING possible to keep the "old pricing" at the top of their requirements for the sale of their products.

    In the end, I predict the consumers will pay what they want to pay or not buy, and that will force prices down. Why should a person have to pay a premium for a DVD movie, once the first run week has gone by? Is a movie download going to be more than a movie ticket? Would people ultimately by more movies if the price were $3/movie?

    I still think the consumer, collectively, will ultimately set the price, by whether he buys a single piece of entertainment in volume or not.

    DRM is dead as far as I am concerned, because I won't buy content with it, so I have already voted. The media companies just don't know it, as they have not asked me.
  • by walt-sjc ( 145127 ) on Monday August 28, 2006 @12:45PM (#15994587)
    The GP is forgetting a major issue. He doesn't have a problem listening to his music TODAY. What about 10 years from now? How about 30? What if MS totally fails in the marketplace for music players and subscription services, and you can't buy hardware / software that supports that particular format of DRM'ed music anymore?

    I have albums over 50 years old that I can still play, and due to the lack of DRM I can easily convert them into OGG / MP3 and play them on the latest music players. I can keep converting them and enjoy my DRM free music for the rest of my life. It's VERY VERY unlikely that the GP will have that same ability.
  • Re:easy (Score:3, Insightful)

    by AK Marc ( 707885 ) on Monday August 28, 2006 @12:46PM (#15994590)
    Can I have your ATM card number and PIN please?

    You are confusing two types of information. A song is released into the public domain. The rights holders release the song for all the public. What you are talking about is private information. It is considered a "trade secret" and can only have that status if it is never publically released. It's the difference between Scientology's internal writings (private, never printed in a book for sale to the general public) and a song that is offered for free to everyone and broadcast multiple times to millions of people in various formats.

    If you'd like to restrict your analogies to the same type of information, then it will be a whole lot more useful. It's as bad as people that whine about trademarks every time a patent article comes through.
  • by Nik13 ( 837926 ) on Monday August 28, 2006 @12:46PM (#15994592) Homepage
    Come singularity I want to be able to buy music, not just rent it.

    Just because YOU want to buy only doesn't mean everybody else wants to. Just like some people prefer to rent DVDs instead of buying 'em. Nobody prevents you from buying.

    But I'd rather these services died a market death than a technolocial one.

    Why want them to die at all? Because less options is a good thing? Perhaps you want netflix-like services to die too? Because people renting contents is a bad thing from your standpoint seemingly...

    Then maybe the media companies would realize that people don't want to pay for something continually.

    You're not paying for the songs directly... You're paying for a monthly service, with tons of great new contents every month, totally unlimited. That's EXACTLY like saying "people don't want to pay for a netflix-like service continually" (and LOTS of people seem pretty happy to do just that - or just like millions of people pay every month for cable TV and such, stop paying, and you have nothing left either)

    And, well, if other idiots think that renting music is better than buying than maybe they should be allowed too.

    Yeah, all them idiots who think renting DVDs is better than buying than [sic] maybe they should be allowed too.

    Big deal. Some people don't mind paying a few bucks for a month's worth of unlimited music, from a ridiculously huge selection (both on their portable mp3 players and home PCs). That full month of music cost pretty much the same as renting a couple DVDs from my local blockbuster (thousands of hours of music from a huge library, or ~3h worth of movies). Such a bad deal... Great for finding what new CDs are worth buying, finding new interesting stuff and such.

    No one's forcing you to pay for a montly rental service, but others understand what it is (I don't think I'm buying the music there any more than I'm buying movies from netflix when using their service) and are more than happy to use it for what it is. Don't like the monthly service? Fine, just don't use it and just buy it instead. No one's preventing you from doing so...
  • by |/|/||| ( 179020 ) on Monday August 28, 2006 @12:46PM (#15994594)
    There is only one reasonable solution - you *trust* the consumer not to violate copyright law. *If* the consumer does so, and you catch the consumer, and you try the consumer in a court of law, and the consumer is found to be guilty beyond a reasonable doubt, then you punish the consumer.

    In other words, you can't force people to obey the law. Well, you can, but you have to have some sort of fascist state in order to do so - fine if you're a hive dwelling insect, but not acceptable for humans (at least not for me!). Write me a ticket if you catch me speeding, but don't put a governor on my car that won't allow me to speed. Lock me up if I bash someone with a club, but don't handcuff me at birth. That's the way it has to work.

    I understand that, given the chance, most consumers will steal media without a second thought.
    I absolutely disagree with that statement. In fact, I don't think most people would do that even if it were not illegal.

  • by lorenlal ( 164133 ) on Monday August 28, 2006 @12:51PM (#15994632)
    I thought that the point of those services was to provide a subscription model so that you never *BUY* the music. You're supposed to pay for access to their library. In this case, you aren't buying the music, you're renting it from the provider.

    In this case, removing the DRM is more like making a copy of a DVD or VHS tape that you rent from Blockbuster.

    I'm more interested in converting my iTunes m4p files (that I bought and paid for to own) to MP3 so I can play them in my car. This is illegal, and qualified as illegal before any DMCA. You're copying something you don't own if you use it on Napster.
  • by Richard Steiner ( 1585 ) <rsteiner@visi.com> on Monday August 28, 2006 @12:52PM (#15994635) Homepage Journal
    1.) I have over 12,500 songs in my collection. All WMA. All play fine on my WMA playback devices, of which I have four.

    My music collection is roughly the same size, but I use MP3 files instead. I have many more playback devices (two car stereos, two discman units, several PCs running various OSes, component stereo in sitting room, home theatre system in living room, and a boombox).

    2.) I know well what my rights are. They are listed right in the EULA when I installed the various Music Stores. They ARE NOT MY SONGS. They belong to the artist or the record label, right or wrong.

    99% of the songs I have in MP3 format are ripped from my own CDs. I also know what my rights are, and since I did not have to sign or accept a EULA I suspect I have signicantly more flexibility than you do in terms of what I can legally do with the music I've purchased over the years. :-)

    3.) Define special...

    It's a term I sometimes use to describe people who are willing to accept a severe curtailing of their rights and think the whole concept is a really neat idea. It isn't, except to the middle men who do the distributing, and both the artist and the listener get screwed in the process.

    It seems to me the only people that have problems with DRM are the ones that think everything should be free and the ones who do regularly steal music and software.

    I've been collecting LPs since 1976 and CDs since 1986, and I pirate neither music nor software. That doesn't mean I agree with DRM schemes or the rationale behind them.

    I also believe that some software is far more efficiently produced in a free environment, but acknowledge that proprietary software development has its place. I don't pirate software -- open source provides most of my new applications and utilities on all of the platforms I use, but I'll register shareware I use and purchase retail software when necessary.

    Face it: history is against you, and against those who would use DRM. In the end, DRM will not work. It's as effective as classic software copy protection schemes were -- only those who are legitimate customers are limited by them, and actual pirates typically have cracks to the various schemes within days if not hours.

    It's fine if you accet DRM and its limitations, but that doesn't mean *I* have to.

  • by TheRaven64 ( 641858 ) on Monday August 28, 2006 @12:52PM (#15994638) Journal
    it is their music and they can do whatever they want with it

    No, it isn't. It is their music before they publish it. Then they have two choices:

    1. Release it into the public domain, or
    2. Copyright it.
    If they choose option two, then they are making an agreement with the state that they will release the work into the public domain in exchange for a time-limited monopoly on distribution. This is all you get. You don't get a monopoly on telling people how they may enjoy your material.

    If you want to retain all of the rights to something, then don't publish it. Copyright is not for you.

  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @12:55PM (#15994660) Homepage Journal
    And if the teacher is distributing content in violation of the law, then that teacher should be fired.

    In many jurisdictions, there are "fair uses" for copyrighted material in an educational context. DRM ignores those fair uses - that's why tomstdenis used 'or a clip for a class or ...' as an example of how DRM can limit fair use.

    Jesus Christ, I can't see how people can be so thick about this issue...

    Yes - I agree with you there - but perhaps with a different definition of 'people' to you ;-)

    How freaking self-centered does a person have to be to believe that their rights to pirate music are more relevant than the rights of the people who actually own the music?

    How freaking self-centered are those who put the protection of entertainment over the education of our children?*

    * (won't somebody think of the children?)
  • by Kadin2048 ( 468275 ) <.ten.yxox. .ta. .nidak.todhsals.> on Monday August 28, 2006 @12:59PM (#15994696) Homepage Journal
    It is useful to make things hard for the law abiding, not for pirates.

    Sadly, although what you're saying is complete common sense, it seems to be frequently lost on people making laws. I don't know if they perform some sort of lobotomy on you when you run for office, and disconnect the part of your brain that normally would say "Hey buddy, done a reality check in a while?" but it sure seems like it.

    My personal opinion is that the pro-DRM argument smells a lot like the pro-gun-control argument, in that both of them put restrictions on law-abiding people in order to modify the behavior of people who frequently just ignore the law anyway; when you ignore the difference between law-abiding people and those who just don't give a damn, it's quite easy to descend into a "feedback loop," where in response to your last restrictive law not working, you pass a more restrictive one ... ad infinium. The net result is just a lot of collateral damage.
  • by andyross ( 48228 ) on Monday August 28, 2006 @01:00PM (#15994699)
    And if the teacher is distributing content in violation of the law, then that teacher should be fired.
    In what way is playing a song or a video for a class in "violation of the law?" I suppose you also think that it should be illegal to read books to the class too?
    Jesus Christ, I can't see how people can be so thick about this issue...
    Perhaps because the issue isn't as clear-cut as you think it is. Like many people, including much of the media, you are confusing "law" with "license". One of those is inviolate, written by our elected representatives, and must be adhered to. The other is just an agreement, and can be enforced only when it doesn't conflict with the law. You need to look up "fair use" (a legal term) and read some background on this issue.
  • by bentcd ( 690786 ) <bcd@pvv.org> on Monday August 28, 2006 @01:04PM (#15994733) Homepage
    And if the teacher is distributing content in violation of the law, then that teacher should be fired.
    That one sentence manages to sum up the exact reason why DRM-encumbered western societies of the future will find themselves severely outclassed by those cultures that can manage to maintain a free exchange of ideas. While the other cultures continue to develop, we're setting up to fire (and even jail) our teachers.
    And all just because a bunch of suits find this to be an opportune way to guarantee their own profits.
  • by jank1887 ( 815982 ) on Monday August 28, 2006 @01:04PM (#15994734)
    Let's split some hairs here. DRM does not limit your rights. Just like Macrovision, SafeDisc, etc., do not limit your rights. They just make it more difficult to 'do whatever you want to do' with the thing you bought. Your fair-use rights in no way dictate that the manufacturer/producer must make it easy for you to exercise those rights, or that they cannot take action to make it more difficult for you. This is supported by one of the arguments against DRM: Any DRM, or other analog or digital protection mechanism can and will be circumvented. Thus, implementation doesn't block your fair use rights, it just adds to the difficulty. This is the end goal of the implementors: to raise the difficulty above the point where Joe-public does it without thinking (i.e., fast-dubbing a copy of your friend's cassette tape, and how common/easy that was/is).

    NOW, the legal problem isn't the DRM. in the U.S., it's the DMCA which makes it illegal to break/bypass/strip the DRM. SO, DRM doesn't block fair use (just impedes it), the DMCA is what blocks fair use. So, again, DRM doesn't limit your rights. The legal backing (the DMCA, or your country's equivalent) limits your rights.

    NOW, on top of this, any contract you sign can modify your legal right to act in certain ways. If you sign a valid contract saying 'I will not say 'thud' in your presence', and then say 'thud' in his presence, you may be contractually bound by any penalties stipulated in the contract, free speech be damned. Why? BECAUSE YOU LEGALLY AGREED TO LIMIT YOUR OWN RIGHTS.

    Until proven otherwise in a court of law, EULA's and TOS's seem to be considered part of the purchase agreement, whether you like that or not. You have the option of attempting to modify the contract prior to ratification (good luck), or you refuse to enter into the contract, where the seller will likely refuse sale, as is his right.

    So, reviewing, your fair-use rights are currently limited by:
    (a) laws making protection removal/circumvention illegal (DMCA or equiv.)
    (b) contracts your voluntarily entered into.

    (a) is a tough one, and where the focus needs to be. (b) should be able to be determined by the fair market, but won't until (a) is taken care of. The majority of this topic seems to be that (b) is somehow the fault of the selling side, and not the buying side. But, as long as rule of law is on their side, they'd be stupid not to use DRM if it would mean more sales in the end. (which the Marketing dept currently says is so.)

    The solution, if you can't change (a)? Don't buy DRM'd music, and don't give away your rights via EULA's. Yes, it limits your available options, but that's your choice. And (Chicken and egg) more people making that choice will give those options more market share.

  • by syphax ( 189065 ) on Monday August 28, 2006 @01:05PM (#15994740) Journal

    Doug,

    The point is that if DRM continues to creep into our world, there won't much music/video/etc available that come with a use agreement that I can abide by.

    Beyond personal use, those who oppose DRM do so realizing that this is in part a struggle of how we want our society to operate- more open and free, or more closed and proprietary. More broadly, it's a struggle/conversation/battle/whatever about how best to distribute rights between content creators and consumers.

    So while I don't endorse violating copyright law any more than I endorse violating any law, I do endorse getting copyright law modified to benefit society more fully- or at least getting people to use copyright law in a more beneficial manner (eg Creative Commons).

    Bottom line, I don't accept the 'just do what works for you' apology for DRM, because that's a sinking ship. I oppose DRM because it represents a value system that I don't like so much.
  • by walt-sjc ( 145127 ) on Monday August 28, 2006 @01:08PM (#15994770)
    You need to understand "Fair use". Note that with DRM, you can't excersize your Fair Use rights. Educators make extensive "Fair use" of copyrighted material in classrooms. Things just are not as black and white as you (and the pigopolists) would like them to be.
  • by ElleyKitten ( 715519 ) <kittensunrise AT gmail DOT com> on Monday August 28, 2006 @01:12PM (#15994798) Journal
    This is where copyright law goes too far. If I buy some iTunes music, or a DVD, or whatever, I should have the right to listen, or watch, or whatever, that media. I mean, why would I buy it if I don't have the right to use it? Should I just pirate all the music and movies I want, since it's illegal for me to watch it anyways? Well, it would save me money, but no. I'm going to continue to buy music and movies, and I will continue to break any DRM that prevents me from playing it. The law is stupid, and I do not follow laws that are that stupid.
  • by Columcille ( 88542 ) * on Monday August 28, 2006 @01:14PM (#15994818)
    How freaking self-centered are those who put the protection of entertainment over the education of our children?

    And how sad for a society that requires entertainment in order to provide education. If we can't teach without flashy shiny media clips then something is wrong, and it isn't DRM.
  • by DougLorenz ( 964249 ) * on Monday August 28, 2006 @01:26PM (#15994908)
    The whole fair use side of this debate is little more than quibbling. I wouldn't be surprised if 99% of the people who are so passionately demanding their "fair use" exemptions are not teachers trying to educate the future business leaders of America...

    No, the people who are complaining the most and trying to find software to break DRM protections are the people who don't want to pay for the latest CD they heard on the radio. That is all that this discussion is about.
  • by Anonymous Coward on Monday August 28, 2006 @01:28PM (#15994934)
    I can see slashdot has descended into a flame war about copyright law. Fine, but I was hoping I could talk about the technical details of this attack.

    Disclaimer, I work on Windows Media DRM for portable devices(PD) and network devices(ND) porting it to a secure computing(trusted computing) enviornment running Linux.

    With WMDRM each peice of content has their own unique symmetric key created by the content manufacturer. This key is encrypted using a public key of a device. During the decryption stage the content key is decrypted using a private key on the device. This private key is *also* encrypted, but is used very breifly to decrypt the content key.

    That means this key sits in resident memory for a few microseconds while the decryption operation takes place, and I am %99 sure that these guys have figured out a way to either intercept one of the decryption calls, or calculate a memory offset for this content key.

    Not a very difficult hack, but it takes some in depth knowledge of the DRM(I've worked on it for 6 months and doing such a thing would be non-trivial for me). However, Microsoft knows that WMDRM can be cracked easily using these methods on any non-trusted machine. Hence the trusted computing group and devices like the one I work on.
  • by Tweekster ( 949766 ) on Monday August 28, 2006 @01:41PM (#15995016)
    It isnt really helpful to have a right...that you cannot excercise in any fashion without breaking the law...

    I can back up my media, but in order to do so I absolutely have to break the law...kind of seems like they limiting that original light.

    Contracts should be extremely limited in giving up rights. Most contracts are already extremely limited when it comes to giving up a right...except when dealing with IP. That contract you agree to is inside the box, but the way the world works....you have to agree to it at the point of sale otherwise you lose your money.

    That would absolutely never fly in any other arena of the world, but for some reason it does in software.

    Contracts that modify after signing are blatantly illegal everywhere else...but for some reason it is just dandy with software. I wish someone with a lot of money would force that issue and some sanity would return to software licenses.
  • by Waffle Iron ( 339739 ) on Monday August 28, 2006 @01:46PM (#15995050)
    Copyright is not a moral right. The US constitution explicitly states the goal of copyright: it's an economic incentive to increase the production of works of authorship. It does not say anything along the lines that authors have the inalienable right to "sell things as they choose" such that they retain control of use after the sale. (Nor did any of the great philosophers of history touch on the moral necessity for you to have total control over all copies of everything that you write down or record.)

    You only get that impression because the laws that were enacted to implement copyright happen to vaguely make it look that way. However, those laws have big exceptions to letting people "sell things as they choose". You simply never had these rights of total control you think you're "giving up"; they don't exist, and they never did, either government law or natural law.

  • by UserGoogol ( 623581 ) on Monday August 28, 2006 @01:55PM (#15995116)
    Copyright is simply a legal construct which is created to promote innovation, by making it illegal for anyone but the creator to sell their ideas, so the creator can benefit and put some food on the table. Making an exception to the law is therefore morally justified if the benefit taken from the creator is outweighed by the benefit gained by the copyright infringement. Education is, arguably, an area where the benefit is so high that ignoring copyright is something that is moral a great deal of the time. (Indeed, "educational purposes" is explicitly mentioned [cornell.edu] as something to be taken into consideration by judges.)

    More generally, whenever a person infringes copyright, a benefit occurs, although not neccesarily a net benefit. It's a fun thing to do. In that sense, it may be true to say that the restrictions of copyright should be kept as limited as possible; big enough that people are willing to create creative works, but not so high that it starts to cut in unneccesarily on people's "fun." It's not selfishness (although I probably am selfish) but merely that the interests of pirates often outweighs the interests of creators.

    I see no reason to believe that just because you create an idea that you should be free to put whatever restrictions on it you want. Yes, you put your blood, sweat, and tears into it, but you also put a whole lot of other ideas into it. No idea is absolutely new, so it seems unfair to give someone a absolute monopoly on an idea just because they put last pieces together.
  • How is this funny? (Score:2, Insightful)

    by remmelt ( 837671 ) on Monday August 28, 2006 @02:01PM (#15995164) Homepage
    DMCA anyone? You REALLY don't have that right.
  • by Talchas ( 954795 ) on Monday August 28, 2006 @02:10PM (#15995216)
    Or:
    As the Americans learned so painfully in Earth's final century, free flow of information is the only safeguard against tyranny. The once-chained people whose leaders at last lose their grip on information flow will soon burst with freedom and vitality, but the free nation gradually constricting its grip on public discourse has begun its rapid slide into despotism. Beware of he who would deny you access to information, for in his heart he dreams himself your master. --Commissioner Pravin Lal "U.N. Declaration of Rights"
    From Sid Meier's Alpha Centauri
  • by pthisis ( 27352 ) on Monday August 28, 2006 @02:12PM (#15995224) Homepage Journal
    Heck, if the government wants...they can take your property away via imminent(sic?) domain for a interstate. (or more recently, for private development!)

    At least in the US you have this backward. Historically, taking land for private development was the norm for decades if not centuries (contrary to what media uproar after the recent Kelo v. New London case would have you believe). See Berman v. Parker, Luxton v. North River Bridge, Hawaii Housing Authority v. Midkiff, etc. Even before the US was formed such takings were considered legitimate.

    It's only recently (in June) that the use of eminent domain was banned by executive order "for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken." (whether such an order is binding remains untested).

    While property laws regarding physical property have had centuries to sort themselves out via the legal system, Intellectual property has only had about a full half century to sort itself out.

    Much bigger nit:

    Intellectual property laws have been a big part of at least European legal systems for centuries as well.

    Copyright law in Western law goes back at least to 1557 when the Stationer's Company was granted monopoly over publishing and the right to regulate copyright, and modern-style laws go back to the 1709 Statute of Anne.

    Patent law goes back to the Venetian Statute of 1474, crown letters patent granted in England from the late 1400s-1623, and the Statute of Monopolies passed in England in 1623 (the latter of which looks very much like the US Constitutional guarantees, being the first patent law to allow only new inventions to be patented, limiting the duration of patents, etc).

    I'm less familiar with trade marks, service marks, and trade dress, but they all go back far longer than a half a century as well.
  • by ink ( 4325 ) on Monday August 28, 2006 @02:29PM (#15995334) Homepage
    I wouldn't be surprised if 99% of the people who are so passionately demanding their "fair use" exemptions are not teachers trying to educate the future business leaders of America...

    For educational use is but one example. What if I want to remix a song that I have? As long as I do not re-distrbute the derivative work, I am abiding by copyright law. How do you think bands end up with material from sampled songs in the FIRST place? They don't sign a separate contract from the RIAA for unrestricted access before the creative period starts, but rather, license the material after the matter. People use the educational angle to appeal to a broad range of individuals, but it is by no means the only reason for fair use.

    Even Apple's DRM makes this sort of thing a huge pain in the ass. You can't import an iTunes song into Garage Band, for example. You have to burn it to a CD, and then re-rip it back (which is technically illegal*).

    *For RIAA/MPAA values of legal

  • by ElleyKitten ( 715519 ) <kittensunrise AT gmail DOT com> on Monday August 28, 2006 @02:40PM (#15995435) Journal
    I don't want the right to free use of others' hard work if they don't agree to it (I do appreciate free/open source software, but I don't think everything should be required to be free). What I would like is for me to be able to legally watch the Friends DVDs that I've bought on my computer. I'm not asking to share them with all my friends, hell, I'm not even asking for backup copies. I just want to sit on my bed and watch the DVDs that I've bought without breaking the law.

    This is not like you crashing on my bed without my permission; this is like me wanting to put my bedsheets on my couch and sleep there, but for some reason the bedsheet makers only want me to put bedsheets on a bed, so it's illegal. Why would people not want me to put my bedsheets on my couch? I don't know, I guess for the same reasons they don't want me to play my DVDs in my computer...
  • by DougLorenz ( 964249 ) * on Monday August 28, 2006 @02:53PM (#15995525)
    How does the idea that "Educating everyone is a teacher's priority" translate to giving you the right to copy and distribute your Coldplay CDs to other little fanboys?

    Because that is what we are talking about here... You are kidding yourself you you actually believe that this argument is about fair use.

    I understand that the very nature of copy protection and the newer concepts of digital rights management is part of a battle that has gone on for a very long time. I remember decades ago when there were software parties where people would get together to distribute pirated copies of programs simply because it feels fun to do things that you aren't suppossed to do. Hell, I'll admit that I did it myself, but I never tried to claim that I had a moral right to do what I was doing.

    Don't try to claim some sort of moral righteousness over these actions when all that is going on is theft.
  • by Xichekolas ( 908635 ) on Monday August 28, 2006 @02:54PM (#15995533)

    So you're telling me that you never played with Legos as a kid? or Barbies? Or Lincoln Logs? Or the little games where you stick shapes into their corresponding holes? Did your teacher never read you books in class? Did you never sing songs for a school concert? Did you ever watch Donald in Mathmagic Land [imdb.com]?

    I know I did all these things in school. In fact, I'm sure I learned just about everything from playing games (entertainment), watching movies (entertainment), and listening to/singing songs (entertainment).

    In fact, short of a direct brain interface, not sure how you would teach children anything if you couldn't entertain them in the process. They just wouldn't pay attention. Heck, the only reason I practiced multiplication tables was to win our math races... and we spent a week during our poetry unit in Junior english listening to and analyzing song lyrics (The Sound of Silence and Stairway to Heaven included)... and I expressly remember singing along to that Kokomo song (by the Beach Boys) in first grade at a school play... it would've been a shame if the RIAA had shown up then and busted poor Mrs. Sanderson for playing it...

    How sad society would be if our kids had to learn without entertainment...

  • by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Monday August 28, 2006 @03:00PM (#15995574) Homepage Journal
    "Educating everyone is a teacher's priority" translate to giving you the right to copy and distribute your Coldplay CDs to other little fanboys?

    Incorrect.

    DRM hasn't seemed to hinder the p2p networks at all, I can't imagine it doing so in the future.

    DRM only inhibits legitimate users of content.
  • by vertinox ( 846076 ) on Monday August 28, 2006 @03:00PM (#15995576)
    I must have missed that article in the Constitution protecting people's rights to digitally copy and distribute other people's work.

    To refresh everyone's memory...

    An author's exclusive right to his creation is mandated in the US Constitution in Article I, Section 8, Clause 8, also known as the Intellectual Property Clause, which also gives Congress the power to enact statutes: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.


    So in theory after a limited time the public should be legally able to digitally copy and distributes others work and secondly your work must promote Science and useful Arts.

    If it fails these criteria... Then it fails the spirit of the copyright law. DRM breaks this comprimise since it is forever and often promotes neither science nor arts.
  • by swillden ( 191260 ) * <shawn-ds@willden.org> on Monday August 28, 2006 @04:03PM (#15995942) Journal

    No, the people who are complaining the most and trying to find software to break DRM protections are the people who don't want to pay for the latest CD they heard on the radio.

    Perhaps true, definitely irrelevant. The fact is that copyright law contains some important exceptions that are completely ignored by DRM implementations. What that means is that "It prevents copyright infringement" is not a valid defense of DRM, because it also prevents non-infringing copies. DRM is not a technological implementation of copyright law, it is a technological mechanism for effectively writing new extensions to copyright law.

    Corporate America already has too much ability to write the laws that they like. Let's at least try to avoid removing Congress from the process.

    BTW, I do not pirate anything. I do break DRM on a regular basis to make backups, format-shift and time-shift, but I'm scrupulously careful to honor copyright law, in spite of the fact that it's so horribly unbalanced I feel no real moral obligation to do so.

  • by |/|/||| ( 179020 ) on Monday August 28, 2006 @04:14PM (#15996003)
    I believe the point that you're making is that prevantative measures are reasonable in the case where the crime is sufficiently damaging. I have to say that I agree, but I would argue that copyright violation is *not* such a case.

  • Informative? (Score:2, Insightful)

    by Ahnteis ( 746045 ) on Monday August 28, 2006 @05:20PM (#15996366)
    The only informative part of this post is that Yahoo!s tech support didn't help with what was probably a Creative problem. (I suspect if you had formatted the player and tried again you'd have been OK.)

    You've somehow decided that factoring in the cost of a fairly expensive player makes sense (what, did you give it back?) -- and have neglected to tell us why you purchase what was apparently a 20+GB model and only loaded 150 songs on it when you had made the choice to use a subscription service. (Hint--subscription services are so that you can experience a large amount of music without having to buy it all.)

    You still paid only $60 for 150 songs (~ $0.40 per song) for 7 months. And then you want to keep the songs?

    I don't feel that a subscription model fits my music habits, so I don't use one. Apparently you shouldn't either. However, there are some people for whom it makes perfect sense.

    The only argument FOR FairUse4WM is that you want to use your subscription-based songs on an incompatible player (be it your Linux box or your ipod).

    Wanting to KEEP the songs that are SPECIFICALLY sold as a rental is just wrong. You want to keep the songs, BUY THEM. (Walmart will sell them to you for $0.90 IIRC.) THEN you have an argument for removing the DRM because you paid to keep the songs, not rent them.

    People who want to abuse the subscription model just give everyone wanting exercise their actual fair use rights a bad name.
  • Re:Curious. (Score:3, Insightful)

    by JustNiz ( 692889 ) on Monday August 28, 2006 @05:22PM (#15996375)
    >> And if the artists and musicians own the copyrights to their music,

    Ahh.. but the don't.

    A normal recording contract requires that the artists sign any rights away to the music they record. Its the record companies that own all the rights to all music produced by the artist while under contract.

    Actually most artists hate DRM as it prevents the free propagation of their music and therefore impacts the growth of their popularity.
  • by Maïdjeurtam ( 101190 ) on Monday August 28, 2006 @06:01PM (#15996568) Homepage Journal
    Teaching cinema, music, arts in general and science can be hard without access to media. In my area of study (social sciences, sorry), medias have been useful to show things that would have been expensive/dangerous/difficult to see in real life. Media != Flashy shiny. Using the right tool for the right job seems a good thing to me.
  • Buyer Beware (Score:3, Insightful)

    by woolio ( 927141 ) on Tuesday August 29, 2006 @12:08AM (#15997961) Journal
    I've never been stupid enough to buy a DRM encumbered piece of content

    I don't think anyone has ever BOUGHT content that had DRM.

    The only way to get DRMed content is to LICENSE it or to STEAL it....

    Only fools think they own it!

    [Yes, these are sad times]

One way to make your old car run better is to look up the price of a new model.

Working...