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Music Media The Almighty Buck

EFF Releases Music DRM Guide 300

Chris Chiasson writes "The Electronic Frontier Foundation (EFF) recently created a plain English guide to several fair use restrictions that major online music services, such as Apple's iTunes, force on their customers via Digital Rights Management (DRM) laden music files and End User License Agreements (EULAs). An excerpt from the guide follows: 'Forget about breaking the DRM to make traditional uses like CD burning and so forth. Breaking the DRM or distributing the tools to break DRM may expose you to liability under the Digital Millennium Copyright Act (DMCA) even if you're not making any illegal uses.' The EFF also lists four alternative music services which sell unrestricted files."
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EFF Releases Music DRM Guide

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  • DRM (Score:5, Insightful)

    by eneville ( 745111 ) on Saturday September 03, 2005 @11:45AM (#13470629) Homepage
    Any form of DRM sucks, and I'll do whatever I can to avoid entering into any DRM agreement.
  • by Saven Marek ( 739395 ) on Saturday September 03, 2005 @11:49AM (#13470649)
    The Electronic Frontier Foundation (EFF) recently created a plain English guide to several fair use restrictions that major online music services, such as Apple's iTunes, force on their customers via Digital Rights Management (DRM) laden music files and End User License Agreements (EULAs). An excerpt from the guide follows: 'Forget about breaking the DRM to make traditional uses like CD burning and so forth.

    Yeah forget about trying to break the DRM in iTunes cos like... uhh. you don't need to, to burn CDs.
  • Bad reporting (Score:3, Insightful)

    by Have Blue ( 616 ) on Saturday September 03, 2005 @11:54AM (#13470678) Homepage
    The EFF dings Apple for cutting the number of identical playlist burns from 10 to 7, while conveniently neglecting to point out that Apple simultaneously raised the number of authorizable computers from 3 to 5. If they're going to give "the real deal rather than spin" they should refrain from inserting spin themselves.
  • by Anonymous Coward on Saturday September 03, 2005 @11:56AM (#13470688)

    the EFF need to get their guides printed onto paper and distributed to the public, buses, trains, in the street , through doors, offices, trams, subways, parking lots, schools , youth clubs, community centers ,even TV (get those cheques written) basically anywhere the public might see it and read it and understand it

    otherwise nothing will change, we (technologists/gurus/nerds etc) all know the ramifications of DRM and the threat it poses to society, but society doesnt know or even care about what they dont understand sick profiteers are trying to do

    educate people, lots of them, quickly, using traditional methods, because this inteweb is not the answer to this problem

  • by TheSpoom ( 715771 ) * <slashdot@@@uberm00...net> on Saturday September 03, 2005 @12:02PM (#13470721) Homepage Journal
    But see, I don't want to burn CDs. I want music that will play anywhere. And I don't want to have to go through some complicated process like burning to CDs first then ripping the CDs, or using some obscure program to strip the DRM.

    This is not a flame; this is simply why I won't buy something from a service encumbered by DRM restrictions.
  • Re:Bad reporting (Score:5, Insightful)

    by Lord Byron II ( 671689 ) on Saturday September 03, 2005 @12:06PM (#13470739)
    All they were doing was giving an example of how Apple could change your rights. The argument was not "Apple is bad because they lowered the burn rights from 10 to 7", but "Apple is bad because they *can* lower the burn rights from 10 to 7".

    If they were attempting to provide complete details on how iTunes works, then yes, things like the number of authorizable computers would have been important to have. But since they were only trying to show how the consumer can have a purchased product taken away from them, the example they provided was sufficient.

  • Re:DRM (Score:1, Insightful)

    by wankledot ( 712148 ) on Saturday September 03, 2005 @12:07PM (#13470746)
    OK, don't buy music from these companies. There, that wasn't very hard, was it?

    Also, let me add that "forcing on their customers" is a bit like saying that Microsoft is "forcing windows on windows users." People know the limitations of the DRM ahead of time, and if they're willing to accept it, how can you say that anything is being forced on them? OMG Ford forced 4 wheels and a gas pedal on me when I bought my SUV!@# What ever will I do!@#?

  • by sound+vision ( 884283 ) on Saturday September 03, 2005 @12:24PM (#13470852) Journal
    Sure, you can go out and buy a CD today, but what about in 10 years? 5? CDs will eventually be replaced by SACD or DVD-A, both of which have DRM schemes. If we don't stop DRM now, there will be no alternative.

    Sure, DRM can and will be cracked, but that's not what it's about. The iTunes DRM can be cracked, too. It provides a major inconvenience, many hurdles for us to jump over just to use something we already bought & payed for.

    About DVD-A's encryption being cracked, it wasn't What happened was a patch was released for WinDVD to redirect the output to a file instead of a sound card. You can bet the RIAA is working on a way to neutralize this.
  • Fair and unbiased (Score:5, Insightful)

    by shmlco ( 594907 ) on Saturday September 03, 2005 @12:26PM (#13470861) Homepage
    "... fair use restrictions that major online music services, such as Apple's iTunes, force on their customers via Digital Rights Management (DRM) laden music files..."

    Wow. Sounds like a balanced, fair, and unbiased review of the issues to me.

  • Good. (Score:4, Insightful)

    by Captain Scurvy ( 818996 ) on Saturday September 03, 2005 @12:36PM (#13470904)
    As others have pointed out, we presently have a choice as to whether or not we do business with people who sell DRM media. If the laws do not change to require DRM (and that is a really big if), then you just don't have to give your money to people who sell DRM. It is good that the EFF has pointed out some alternative choices. If people don't want DRM, then the marketplace will decide whether or not it'll stick around.

    However, I'm pretty cynical, so I instead expect laws to change to make restricted media the norm.

  • Wow... (Score:3, Insightful)

    by rampant mac ( 561036 ) on Saturday September 03, 2005 @12:37PM (#13470908)
    "...force on their customers via Digital Rights Management (DRM) laden music files and End User License Agreements (EULAs)"

    Force onto their customer? They held me up at gunpoint so I had no choice but to buy from the iTMS? If you buy music from iTunes, you're going to have DRM'ed files. Don't like it? Don't buy it.

    It's not like music isn't available from other sources (both brick and mortar and online). But remember, those "easily" converted music CDs are starting to include DRM mechanisms as well.

  • by Mr2cents ( 323101 ) on Saturday September 03, 2005 @12:39PM (#13470919)
    While I'd never like to see DRM'd files as the sole distribution method as this is to open to proprietry player lock-in, I have zero objection to it as an alternative method of purchasing music.

    The record companies have always been trying to force copy protection upon any medium. Any time a copying device gets on the market, they go wild! BTW, they force us to pay taxes on blank CDs because 'they are only used to copy music', but at the same time it remains illegal to copy them (totally ignoring the fact that I paid taxes to do so).

    This DRM thing will not remain limited to those online songs, it will (try to) become a general 'feature', locking you down and threatening your electronic freedom.
  • Re:It's a choice (Score:2, Insightful)

    by Anonymous Coward on Saturday September 03, 2005 @01:08PM (#13471090)
    "It's a choice"

    No, it's not a choice. It stopped being a choice when they passed the DMCA.

    "If I don't want DRM, I will buy from someplace that doesn't use it, buy the CD (assuming it isn't broken), or not buy it at all."

    What, then, will you do when everything is distributed via DRM?

    I'll tell you: you'll either 1) Buy things with DRM and basically live a rental-based existence where you cannot create without purchasing a "distribution license," 2) Become a felon for buying things with DRM then breaking it to actually make use of them, or 3) retreat to your cabin in the wilderness and live out a life without the DMCA.

    "If you don't agree, don't enter into the agreement and go elsewhere for your music."

    But, you see, software-based DRM is always cracked. That's why all of the big companies are working to embed it in the hardware of every PC manufactured.

    They claim you can "turn it off," but the problem is that DRM will only actually work when it's a closed system. So it's basically a lie that you can turn it off. Sure, you can disable it, but you'll be disconnecting yourself from the Internet and everyone else by doing so.

    In conclusion, "so many people are against DRM in any format for anyone" because DRM is not being presented as a choice. The DRM-supporters (large companies) have paid their congresspeople to enact the DMCA, thus establishing a universal contract without our consent.

    The DMCA applies to everyone in this country (and many people in other countries, as can be seen from enforcement actions) and it exposes you to potential prison time not for doing anything wrong, not for infringing copyrights, not for plagiarism, not for any of these things... the DMCA exposes you to prison time for altering a product which you legally purchased.

    That is why so many people fundamentally oppose DRM.
  • THIS JUST IN: (Score:5, Insightful)

    by Twid ( 67847 ) on Saturday September 03, 2005 @01:53PM (#13471320) Homepage
    Many public foundations employ "copyright" and "licenses" -- also known as "legal restrictions" -- that prevent you from doing things like reproducing or distributing their works. Forget about breaking the license with a copy machine. Breaking the license is a violation of the law and could expose you to prosecution.

    The EFF says:
    "EFF is a nonprofit group of passionate people -- lawyers, technologists, volunteers, and visionaries -- working to protect your digital rights."

    But buried in the source to this very article is the following secret code:
    License rdf:about="http://creativecommons.org/licenses/by- nc/1.0/"
    requires rdf:resource="http://web.resource.org/cc/Attributi on"
    permits rdf:resource="http://web.resource.org/cc/Reproduct ion"
    permits rdf:resource="http://web.resource.org/cc/Distribut ion"
    permits rdf:resource="http://web.resource.org/cc/Derivativ eWorks"
    prohibits rdf:resource="http://web.resource.org/cc/Commercia lUse"
    requires rdf:resource="http://web.resource.org/cc/Notice"

    This "code" restricts your rights to use the article. Even worse, each article might have a different license! Future articles might change their license at any time!

    The facts: you read it, they still own it. Sounds like 1984? Read on.

    Additional EFF article restrictions:
    - Prohibits commercial re-use or re-mixing into a new article.
    - Requires that the license and copyright be reproduced with the article.
    - Requires that you credit the copyright holder and/or author.

    Other articles using this same "licensing" could be even more restrictive!

    Looking for alternatives? Here are some sites that don't use restrictive "copyright" and "licensing".
    - Project Gutenberg http://promo.net/pg/ [promo.net]
    - Public Domain Music http://www.pdinfo.com/ [pdinfo.com]

  • Re:DRM (Score:4, Insightful)

    by Coniptor ( 22220 ) on Saturday September 03, 2005 @02:25PM (#13471496)
    You are an idiot!
    People on the greater average do NOT know the limitations ahead of time nor what DRM is. Walk down a street or hall in your local mall and randomly ask people if they know what DRM is.

    People who research and are aware what they are buying are the minority.

    People who go buy the next new toy because it's the latest fad tech/music toy because so and so has it and now they must have it to keep up with the Jonses don't research and educate them selves. That's too much trouble, they just want it to fill like equals to everyone else who's gone out and bought it. It's more of a indirect peer presure sort of thing.

    So please shutup and do trip down a flight of stairs so I and others don't have to read your ignorant words and so there is more oxygen for the rest of us. Your taking up space!
  • How to kill DRM (Score:3, Insightful)

    by spaceyhackerlady ( 462530 ) on Saturday September 03, 2005 @02:33PM (#13471549)

    Like all brain-damaged products, the way to kill DRM is not to buy it. If the manufacturers can't make any money with it, they will drop it. That's how business works.

    Sadly, few people have any idea of what's going on. I rmember trying to explain the Dmitry Sklyarov case to somebody and failing miserably.

    I have several CDs that claim to be copy protected, but this seems to range from nasty warnings only, to CDs that refuse to play on windows boxes unless you play them with their player. My Linux boxes play them without comment.

    Only one copy-protected CD (Face A Face B by Axelle Red) in my collection is in any way difficult to play - on my portable CD player, where it plays the first few seconds of each track, over and over. My car CD player plays it without comment, and my Linux boxes play it and will rip tracks from it until the cows come home.

    I've never bought a DRMed tune from an online vendor, and never will. If enough people did this, all this nonsense would come to an end. When the marketplace speaks, business has no choice but to listen.

    ...laura

  • Re:DRM (Score:3, Insightful)

    by KillShill ( 877105 ) on Saturday September 03, 2005 @02:44PM (#13471603)
    actually, most of the buyers don't have a clue as to the limitations of the pseudo-music files they'll be buying.

    the geek population (and shame on them for buying DRM-crippled music when they should know better) that buys music online is a small fraction of the total number of purchasers.

    so no, most people don't have any notion whatsoever of the artificial limitations imposed on them by the high priced music files.
  • Re:DRM (Score:4, Insightful)

    by Blondie-Wan ( 559212 ) on Saturday September 03, 2005 @03:14PM (#13471821) Homepage
    Sure, they ought to know what they're getting into, but aside from the question of how realistic it is to expect Joe Average to actually read the EULA (and then decide not to go along with it, and reject it at that point after going to the trouble to download the software or whatever to get there), it'll still affect those of us who do reject DRM in one form or another, since mass acceptance will make them commercially viable, and may make the alternatives you seek commercially unviable. It's therefore in your interests to not only read the agreements for yourself, but also to educate others on them, and to generally oppose ones you think are particularly intolerable.

    That said, I do permit myself to buy from the iTMS, since I gave it some consideration and decided the DRM implementation isn't too intrusive (for my own needs, anyway). I do support alternative, DRM-free services, though, and encourage others to do the same.

  • Re:DRM (Score:3, Insightful)

    by QuietLagoon ( 813062 ) on Saturday September 03, 2005 @04:17PM (#13472199)
    People know the limitations of the DRM ahead of time,

    If the media companies wanted the purchasers to know the limitations ahead of the purchase, then the media companies and the DRM companies would not go through so much marketing mumble-jumble in order to hide the fact that DRM is limiting the use of the media being purchased.

  • by drgonzo59 ( 747139 ) on Saturday September 03, 2005 @04:44PM (#13472356)
    Hatta,
    You said WTF!?. The 'F' is that I didn't contact Jon to ask him if I can posting the link to his program in a slashdot post.

    You might say "WTF!? You don't have to ask permission to link". I would respond that the 'F' is that it is not illegal to link to his site, but it is not very nice if he has to pay for the bandwidth. So by not providing a click-able link I thought I was making sure that only those who really want to get his program will get there as opposed to having tens of thousands of slashdotters click on it just because it is something to do.

  • by CustomDesigned ( 250089 ) <stuart@gathman.org> on Saturday September 03, 2005 @05:20PM (#13472557) Homepage Journal
    That is what I tell non-techie family and friends. I don't talk about how "evil" such media companies are, I just explain that calling their purchase a "sale" is a "stretcher" - something average folk are very familiar with in advertising.

    When you "buy" a DVD, you do not actual own the copy, you have merely purchased a long term rental. The rental agreement lets you play it at home for an indefinite period (basically as long as the current type of player is still produced and/or yours still works) - subject to certain restrictions on some titles (e.g. being forced to watch the previews).

    Instead of breaking the law wherever feasible, I think our crowd would be much more successful helping to enforce it. If the EFF could bring suit simply to force media companies to stop calling what they do "selling copies", and call them "long term rentals" instead, then the market would take care of the rest. There would still be a market for long term rentals - but you would also be able to actually buy a copy for more money than a long term rental (probably something around what video rental stores pay for their copy).

    The best way to get rid of a bad law is to enforce it vigorously.

  • by SeaFox ( 739806 ) on Saturday September 03, 2005 @05:28PM (#13472600)
    Do you read every single EULA and other agreements? They could have written there that I should give them my firstborn child, if I click the button.

    It's not a EULA gotcha, it's common sense.

    If I buy a piece of software commonly known to be available for platforms X or Y and then decide later to switch to platform Z, I don't whine that the developer ripped me off because my X/Y software doesn't run on the Z it was never created to run on to begin with.

    You started using the iTMS knowing full well you need iTunes to play these files and iTunes is only available for Windows and Mac. You had Windows, it was YOUR choice to switch to Linux. I'm sure there was other Windows software you couldn't use when you switched to Linux. Unfortunatly, without iTunes your purchases don't play. How exactly is Apple responsible for your choices?
  • Re:THIS JUST IN: (Score:3, Insightful)

    by sean23007 ( 143364 ) on Saturday September 03, 2005 @08:05PM (#13473443) Homepage Journal
    Man, I hope you're kidding. In your tirade against the EFF's use of 'restrictive licensing,' you failed to notice that they licensed it under a Creative Commons license. Now, let me explain something to you. When you put something online, you are automatically assigned the copyright for that content. This means that legally, you can pursue anyone who quotes it, puts it on their own site, or does anything with it without your permission. By licensing it under the Creative Commons, you can choose what extra rights to grant your audience. In this case, the EFF has allowed anyone who wants to do take their content and change it, redistribute it, and reproduce it, as long as you credit them as the creator of the original work.

    These are more rights than you would have if they had not put this 'restrictive license' on this document. So, in fact, it is not restrictive at all! Bear in mind that when they explicitly prohibit commercial use, they are still not taking away any of your rights. What other copyrighted content is it okay for you to take and sell for commercial gain? I certainly hope you were being facetious, but you got an Insightful mod, so I felt I had to explain some things to at least four moderators. I, personally, thought it was funny, until I saw the moderation. Good links, by the way. And look up Lawrence Lessig and his books. He created the Creative Commons as a modern public domain - esque license, because he fears that the public domain will disappear and he wants to protect it. The Creative Commons is actually a pretty cool way to do that. As a content creator, it gives you a choice between the perhaps-too-restrictive copyright laws and the public domain, which gives you no rights as a creator.
  • by MntlChaos ( 602380 ) on Saturday September 03, 2005 @08:38PM (#13473570)
    This is, of course, assuming slashdotters even click on links... how many even RTFA? ;)

    As many a slashdotted site will tell you, slashdot readers RTFA. Unfortunately, the same cannot be said of slashdot commenters in general.

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