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Music Media

Universal to Copyprotect All CDs 887

angkor wrote in with a link to a story about how Universal Plans to copyprotect all CDs which will render them unplayable on Macs, DVD Players, PS2s, and some CD Players. And it won't even stop people from ripping MP3s I bet.
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Universal to Copyprotect All CDs

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  • Hi read the article (Score:0, Informative)

    by mwalker ( 66677 ) on Tuesday December 18, 2001 @01:24PM (#2720582) Homepage
    company will be the first of the major labels to release a copy-protected CD in the United States

    Universal won't be copy protecting all of their CD's. Just one. Please read the articles before linking, thanks.
  • by bricriu ( 184334 ) on Tuesday December 18, 2001 @01:25PM (#2720596) Homepage
    Also, keep a watch on Fatchuck's Corrupt CD list [fatchucks.com] to tell you what batches to avoid and who to contact.

    I've made my call to the Federal Trade Commission. Have you?
  • by jamie ( 78724 ) <jamie@slashdot.org> on Tuesday December 18, 2001 @01:27PM (#2720611) Journal
    "Universal won't be copy protecting all of their CD's. Just one. Please read the articles before linking, thanks."

    Yes they will. Please read down to paragraph 5 before posting, thanks.

    "Universal Music is the most aggressive in its anti-piracy efforts, saying that all of its CDs will be copy-protected by mid-2002."

  • by jpatters ( 883 ) on Tuesday December 18, 2001 @01:28PM (#2720626)
    Universal won't be copy protecting all of their CD's.

    What part of "Universal Music is the most aggressive in its anti-piracy efforts, saying that all of its CDs will be copy-protected by mid-2002." do you not understand?

    That is a dirrect quote from the article that you claimed to have read.
  • heck no (Score:5, Informative)

    by _avs_007 ( 459738 ) on Tuesday December 18, 2001 @01:34PM (#2720697)
    Don't settle for in-store-credit... Demand a full refund for 1 of two reasons...

    1.) The thing is labeled as CD Digital Audio (CDDA), which is in violation of logo, because in order to be CDDA, it must be red-book compliant, (or whatever book it is), and this copy protected CD is most definately NOT compliant.

    2.) The CD is "defective" because it is labeled as CDDA, but does not play in a CDDA compliant player, ie my DVD player, my computer, etc etc.
  • Re:No they won't (Score:1, Informative)

    by Anonymous Coward on Tuesday December 18, 2001 @01:34PM (#2720698)
    Then what's with this story on Wired today:

    http://www.wired.com/news/politics/0,1283,49201,00 .html [wired.com]

    It seems like SSSCA is just taking a breather, for now. You overestimate the influence of IT in our "bread and circuses" democracy. Remember, Hollywood provides the circuses....

  • by HeelBiter ( 261307 ) on Tuesday December 18, 2001 @01:38PM (#2720726) Homepage
    Different standards. Error correction on Audio CD players (your Discman) is much more forgiving than on your Sony CD-ROM. The copyright protection schemes generally introduce "noise" into the recording (inaudible to humans, supposedly) which the Audio CD player corrects and smooths over, ignoring the interruption. The more sensitive CD-ROM drive is unable to reconcile the random bits, rendering the CD unplayable.

    The standards are referred to as (I believe) "red book" for audio and "purple book" (or perhaps orange?) for CD-ROMS. Could be vice versa...
  • by _avs_007 ( 459738 ) on Tuesday December 18, 2001 @01:43PM (#2720780)
    Most junk CD players just blindly read the data off the CD-ROM and fead it to the DAC.

    Higher end CD players as well as CD-ROM drives, actually perform some type of Error Correction as it reads the data. A CD-ROM does this, because it must read the data correctly, or its useless as data storage. High end CD players do this, to correct for scractches, dust, etc etc.

    Copy-protected CD's have deliberate errors in the error correction, so that the CD-ROM drive and high end CD-Players will think it just read unrecoverable errors.
  • by Tackhead ( 54550 ) on Tuesday December 18, 2001 @01:45PM (#2720791)
    > But then they'll have teeth behind the SSSCA.

    Funny you should mention that [wired.com].

    Quoth Wired: "Jack Valenti predicts that Congress will require copy-protection controls in nearly all consumer electronic devices and PCs."

    Quoth Tackhead: "Jack Valenti can take a long, hard suck on my arse."

    The scary part is the article's title: "A Call to End Copyright Confusion". I don't see any confusion. I'm sure Jack isn't confused either.

    Right now, ripping is legal. Distributing ripped MP3s isn't. Jack wants to make sure that ripping is also illegal, so he can sell us the same movie twice - once on DVD, and once on our PC. Just like Hilary wants to sell us the same music twice - once on copy-crippled CD, and once-per-listen on our PCs.

    The other scary quote from the Wired article: "'I am openly, unabashedly in support of the government stepping in to set standards,' said Preston Padden, head of government relations for Disney."

    1) Head of government relations. Nice title for your business card. That's right. Walt Disney, the cute little mouse company, has a position that might as well be called "Ambassador". No fucking wonder they get the copyrights on the Rat extended on demand. They've fucking got an embassy.

    2) The word "standards", and all that implies.

    I think we can see the spin for SSSCA right now. Existing copyright laws are somehow confusing. Existing copy control technologies are broken because they're not standardized across all devices. We therefore resolve the "confusion" by having the government adopt Jack and Hilary and Mickey's "standard" in all devices.

    If you make hardware that doesn't meet the standard, you're guilty of making things "confusing" for the consumer, and nobody will buy your product. (And men with guns, "empowered" by the new law, will "protect the consumer" by taking your hardware off the market.)

  • by Myself ( 57572 ) on Tuesday December 18, 2001 @01:45PM (#2720794) Journal
    there's a whole bucketload of ignoramii who won't hear about this unless we tell them.

    SPREAD THE WORD. Evangelize at your local record store. Bring it up in conversation. Dangle CDs from your car mirrors and prepare a 10-second explanation that you can deliver at stoplights. Tell your aunt blabbermouth, make sure she's got the facts straight, then let gossipnet take over.
  • Sony (Score:3, Informative)

    by jpatters ( 883 ) on Tuesday December 18, 2001 @01:49PM (#2720846)
    Sony advertises its Playstation 2 as a CD/DVD player, and owns some of the studios that may be releasing the copy protected CDs. In fact, there has already been the whole flap over the Michael Jackson single that they released with the copy protection. (acording to the article)

    IANAL, but wouldn't that open them up to some sort of legal action, since they also sell some of the devices that get broken by this?
  • by R.Caley ( 126968 ) on Tuesday December 18, 2001 @01:55PM (#2720889)
    The catch is, you can't return opened CD's.

    I can't say what's what in the US, but in the UK the core consumer protection is the notion of something being `fit for the purpose for which it is sold'. If it won't play on standard CD playing equipment (eg a DVD player) it's not a CD, so they had better take it back or expect a visit from the local trading standards officers.

    To get around that they would have to put up a bloody big sign saying `some of our so called CDs are not real CDs and will not play on some equipment', which itself might make them a bit pissed off with the manufacturers.

  • by kreyg ( 103130 ) <kreyg AT shaw DOT ca> on Tuesday December 18, 2001 @02:04PM (#2720966) Homepage
    Well, since there's NO WAY you could have copied it, because it is COPY PROTECTED, there's no reason they shouldn't accept a return.

    :-)
  • by mecredis ( 121637 ) on Tuesday December 18, 2001 @02:06PM (#2720983) Homepage
    For those of you who didn't read the article (and probably won't), it mentions WHAT CD will have the protection:
    When Universal Music Group on Tuesday releases the soundtrack, ``Fast & Furious -- More Music,'' consumers won't be able to copy the music onto another CD or use their PCs to ``rip'' tracks in digital MP3 format.

    It also mentions WHERE you can get it:
    Retailers, such as TransWorld Entertainment in Albany, N.Y., welcome the initiative, and have spent time briefing their sales staff about the new technology and possible snafus. It is preparing to ``cheerfully refund'' the consumer's purchase price at its 1,000 stores nationwide, including the ``Strawberries'' and ``Coconuts'' chains.

    So I did a quick lookup on cdnow.com and it appears the CD is being released today (Dec 18)

    Here is my suggested plan of action:
    - Go to Coconuts or another respective music retailer.
    - Specifically ask the clerk for Fast & Furious -- More Music
    - Immediately purchase the CD. - Walk outside.
    - Unwrap the CD, throw away shrink-wrap (this is key, I'll explain in a bit.)
    - Maybe even perform a little cosmetic damage on the jewel case (nothing serious, a scratch here or there, dog, cat, or even human saliva can really add to the effect.)
    - March back into the aforementioned retail store.
    - Furiously demand a refund.
    - Receive refund.

    By taking the shrink wrap off of the CD case and roughing the case up, you force Coconuts to pay some clerk to re-package, and/or possibly send back the product.

    So my point is this: The more time Coconuts or whatever retailer spends on dealing with your refund situation, the less patience they will have when dealing with similar situations. The less patience they have with similar situations, the less likely they are going to advocate CD-crippling.

    Go do your job, fellow fair-use advocates (remember that concept?) and return a Fast + Furious CD today.

    --Fred
  • by ArtDent ( 83554 ) on Tuesday December 18, 2001 @02:19PM (#2721092)

    You missed the really scary quote from that article:

    Disney's Padden wasn't buying it. "There is no right to fair use," Padden said at the event. "Fair use is a defense against infringement."

    Need we say more?

  • by ArsSineArtificio ( 150115 ) on Tuesday December 18, 2001 @02:23PM (#2721121) Homepage
    You don't have to go to Universal to complain. You sue Best Buy. I can't remember the legalese, but basically, they agree that the merchandise is fit for a given use. It wasn't. They misrepresented the product. You win.

    It's called an implied warranty of merchantability (see Uniform Commercial Code section 2-314) [cornell.edu].

    I take no position on whether "you win" or not, but that's what it's called.
  • by AgTiger ( 458268 ) on Tuesday December 18, 2001 @02:25PM (#2721134) Homepage
    Okay everyone, I spent some time out at the Universal Music Group section of the Universal Music Studios website, and there's a fairly hefty list of music labels in this group.

    Just saying you won't buy from Universal isn't enough. Here's the list I found:

    A&M Records
    Decca Record Company
    Deutsche Grammophon
    Geffen Records
    Interscope Rercords
    Island Def Jam Music Group
    Jimmy and Doug's Farmclub.com
    MCA Nashville
    MCA Records
    Mercury Records
    Motown Records
    Phillips
    Polydor
    Universal Records
    Verve Music Group

    I also went through their list of artists, and saw a shocking number of artists that I either currenly own CD's from, or want to purchase some or all from their discography.

    My next quest is to find landmail addresses for all the record labels *and* the Universal Music Group, plus the RIAA, as well as the artists of UMG's that I listen to, and start writing a lot of letters stating my disappointment at what they're planning to do, and how it stands to completely wreck my ability to purchase and enjoy their music.

    I don't have a "regular CD player". Not _one_. The CD player in my car is based on CD-Rom drive technology. I listen to my music on my computer, or I pipe the audio out straight to the stereo and listen on the big speakers. I listen to my headphones at work while I do my design documents, and that's to MP3's I ripped from CD's that I purchased.

    Frankly, their decision sucks if they want me to keep purchasing music from their group. Simple as that.
  • by Anonymous Coward on Tuesday December 18, 2001 @02:45PM (#2721274)
    its called a "warranty of merchantability or fitness for particular use". The concept exists and is in fact law in the US as well.... the problem is that the item sold must be fit to perform the task for which it was sold. The task for which the item is sold is to reproduce music from a cd player, not a computer, there for it meets the requirement (on all but some older cd players)
  • by mikera ( 98932 ) on Tuesday December 18, 2001 @02:45PM (#2721275) Homepage Journal
    Hmmm.... you're seriously underestimating the cost base in large companies.

    A company with a sufficiently large number of returns has to set up a reverse supply chain. This can mean new computer systems, managers, re-packaging equipment, procedures, lawyers etc. It costs a fortune, and even worse can take up valuable senior management time which cuts down their ability to react in the marketplace.

    Therefore most companies don't bother. They take the return as a loss and/or sell returned product at a mark-down price. Plus there's the additional store and supply chain staff needed to physically handle the returns and issue refunds.

    Believe me, returns hurt the bottom line either way.

    Example: One retailer I worked at reckoned they lost 40-50% of the sale price for every item returned. This was more than their margin, so they most certainly made a loss. I don't think this is untypical.

    Basically, if retailers started seeing a significant number of return on copy-protected CDs, they would start to worry, and start to ask questions. Their buyers (the reccord companiesw customers, remember?) will most certainly take action if their boss tells them to "sort out this returns problem with Universal CDs".

    Basically, I think the returns option could work if you manabged to add a few percentage points to the return rate. Difficult given the number of sheep out there, but if enough people were willing to put the effort in......
  • by ichimunki ( 194887 ) on Tuesday December 18, 2001 @02:46PM (#2721280)
    If you had read the article, you would have known that they plan to sticker these CDs with a notice that they are "protected" (as in racket). Be thankful I don't work in a CD shop because if you tried that routine on me, I think I'd 86 you in a quick hurry.
  • by Anonymous Coward on Tuesday December 18, 2001 @02:57PM (#2721359)
    See http://www.junkbusters.com [junkbusters.com].
  • by genericus ( 316911 ) on Tuesday December 18, 2001 @03:12PM (#2721518)
    The problem with this approach is it does just the opposite of what it appears to. Theoretically, we want our $$ to go to the artists and not the suits, and that is just the argument the suits have been using all along: that these provisions "protect the artist". Well, artists don't get paid when records get returned but record companies do. Even if Universal accepts returns from stores at full price, they are still going to make money.
    Picture this scenario:

    The artist is in hock to the record company for a few hundred thousand dollars. This is typical, and pretty lowball, actually. The way the artists gets out of debt to the company is through royalty rates: Out of the sale price of the CD you've bought at Tower, Tower gets a cut, the distributor (possibly a shell company owned by the record company) gets a cut, leaving the wholesale price for the record company. Let's say that's $10, just to keep the numbers easy.

    The songwriter must get paid, by law. Last I checked, it was .066 dollars per song, per unit sold. Let's say there's 10 songs on the album; the songwriter gets 66 cents on the CD you bought, right? No, during contract negotiations, the songwriter probably "voluntarily" negotiated that down to 4 cents on maybe 8 of the album tracks, so $.34.

    The rest of the musicians in the band get $0; they don't get paid until they are out of debt to the record company. Out of the $10 wholesale, they get say 6%, and the hundreds of thousands they owe the record company are made up out of this 6%, not the wholesale price of the CD.

    The record producer gets paid by the company. He probably has a 15% cut of albums shipped. So he gets $1.50 for the CD whether you bought it or not, just because it's at the store. So the company is down $1.50 per cd for the producer, right? Nope. That expense goes to the artist to be recouped from their royalty rate.

    The artist also gets to pay for packaging out of royalties. This is an absurd amount, like $1.50 - $2.00, more than I pay to do it myself in my room, and way more than an independant would pay a pressing factory. There's also a deduction for breakage that's around 1%, I believe. Also, the 6% they get is not actually 6%, since the record companies even in this day and age consider CDs to be 'expirimental media', and they pay about 1/2% less on CD sales. Let's say they bump this figure up to 1% because of this radical new anti-pirate technology.
    • The score so far:
    • Record company: $9.66
    • Songwriter: $.34
    • Producer: (100,000 units shipped, as an example) $150,000
    • Band: 4% (6% per unit - 1% breakage - 1% new technology) = $.40 - packaging, producer's fee, manager's cut (generally 10-15%), marketing/promotion, returns, and initial advance.

    So, along comes you, returning your shitty copy protected CD to Tower.

    Scenario 1: Tower puts it in its cut bin. Record Company gets paid, producer gets paid, distributor gets paid, Tower gets paid, albeit at a lower rate than normal. Songwriter does not get paid, royalties on sale are not credited to band.

    Scenario 2: Let's say Universal refunds the wholesale price to Tower and to the distributor. First, the distributor is probably Universal itself, so the difference between the wholesale and the distributor's price is still in Universal's hands, but written off as a loss to be deducted from the band's royalties. Universal is now in posession of a number of "defective" CD's. They could:
    • deduct the wholesale price from the artists royalties.
    • sell the CD's to a third party to be distributed to cut bins, used CD stores, and/or Europe, resulting in the same payment scheme as if Tower put it in their own cut bin. And deduct the wholesale price from the artists royalties. Or
    • They could "lose" them. (to a third party to be distributed back to Tower, cut bins, used CD stores, and/or Europe). And deduct the wholesale price from the artists royalties.


    This is the kind of creative accounting that goes on in the record industry. I guarantee that the copy protection WILL be used to justify paying artists a lower royalty rate on the front end, and to further reduce payment to them on the back end. That's just how they work...
  • by marick ( 144920 ) on Tuesday December 18, 2001 @05:30PM (#2722555)
    And your argument is also crap.

    1)Why should I care about the low-level workers at some gigantic corporation? You don't have any positive effect on MY neighborhood, but frequently mom-and-pop-store owners live IN the neighborhood and therefore do.

    2)A straw-man. Nobody cares whether you are evil.

    3)My mom owns a business. Among other reasons, she has it because it gives her the freedom to NOT JUST look out for profit. She cares about her customers. They come to her because she treats them well and sells a good product. She won't sell a shoddy product. And incidentally, she's been in business for well more than 10 years. Businesses succeed and fail for MANY reasons, not the least of which is how they contribute to the community. Amoeba Records, for example, gives free live concerts inside their San Francisco store. How often does that happen at Amazon.com?
  • by Chris Johnson ( 580 ) on Tuesday December 18, 2001 @08:08PM (#2723725) Homepage Journal
    Interestingly, the Red Book spec includes subcodes such as the Q subcode, which can be used to store a song-specific ISRC code.

    ISRC codes are increasingly necessary to get a song on the radio in ANY circumstances- some stations won't even deal with you unless you have ISRC codes. It's also possible to take the audio and the ISRC code, and produce a degenerated copy of the audio that has the ISRC codes, normally not part of the audio stream at all, watermarked into it. This is not only for 'tape off the radio' controls, but also to automate royalty calculations- it's being pioneered in Japan, who are well ahead of the curve on this. Europe has followed and the USA will follow, and you won't be able to deal with radio at all without ISRC codes.

    Here's the interesting part: ISRC codes are an ISO standard, not some record industry ploy. In the USA, the RIAA administers them- and you have to go through the RIAA to get an ISRC identification for your record label- but they do not charge for this, or demand an affiliation with an RIAA label.

    I know, because I have an ISRC code for 'Airwindows' records. It is 'WA5'. I gave my home address on the form, and under 'distribution' I put 'Ampcast'. The guy at the RIAA I talked to, Marquette Mathis, was quite friendly. He wondered what 'Ampcast' was, and I explained it was an online burn-to-order hosting service that was able to handle true Red Book audio, hence my need for an ISRC code. He wondered if I knew how to use an ISRC code, and I replied "yeah, it's the Q subcode" which instantly told him I knew what it was. Now I just have to produce some CD masters in Jam (which I'm getting for Xmas!) and keep a good record (on paper, not just computer) of exactly which codes went to which individual songs- and if I can ever get my music 'on the air' in this new world of automated RIAA royalty payment, I will have tapped into THEIR mechanisms for royalties- and I'm the contact person for Airwindows.

    There's life for indies and the underground in the old Red Book Audio CD format yet...

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