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Nielsen To Offer Web Copyright Protection System 108

J053 writes "The Nielsen company, along with Digimarc, are planning to offer their digital watermarking technology to web content providers. According to Information Week, the system will provide 'a way to quickly discover unauthorized content on sites. To do that, the system would leverage Nielsen's existing watermark technology, which is used on more than 95% of TV programming distributed today. The watermarks are used by the meters installed in people's home to identify the programs they watch.'"
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Nielsen To Offer Web Copyright Protection System

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  • fair use (Score:3, Insightful)

    by timmarhy ( 659436 ) on Friday December 07, 2007 @03:30AM (#21609513)
    as long as they don't just send out blanket infringement notices and obey the law allowing fair use
    • Re:fair use (Score:5, Insightful)

      by CSMatt ( 1175471 ) on Friday December 07, 2007 @03:33AM (#21609533)
      Which is impossible with an automated system.
      • Re: (Score:3, Insightful)

        by Tim C ( 15259 )
        Of course it isn't impossible - for example, you could program in a rule that says "if the discovered infringing content represents less than X% of the whole work, ignore it".

        Doesn't mean that it'll be implemented, of course, or that it's easy to make it fool proof, especially in edge cases, but it's certainly not impossible.
        • Re:fair use (Score:5, Insightful)

          by newsdee ( 629448 ) on Friday December 07, 2007 @03:54AM (#21609635) Homepage Journal
          It's "impossible" in the sense that once the cost goes above a certain threshold, no company will ever bother implementing it unless mandated by a court or if it is under watch by a regulatory body (e.g. banks watched by the SEC).

          So implementing it is politically unacceptable for a company whose mandate is to maximize profit for its shareholders (like most for-profit companies) but only real product/course of action is to control the means of distribution. The "rights" of the end users are the least they care about. If they could get away with it, they would charge for every pair of eyes and ear every time one "experiences" the content.

          I'm not trying to demonize them; but a lot of actions of "content companies" make sense if you take the view that maximizing profit is their main driver. What we need to truly defeat it is either find an alternate (legal) business model for artists or other "content providers", and find ways to (legally) make "content distributors" irrelevant. Of course the latter will fight toe and nail and use every political mean they have to keep their paychecks, like some corporate version of Luddites.

          • So implementing it is politically unacceptable for a company whose mandate is to maximize profit for its shareholders

            Perhaps what is needed is a law that the companies should be obliged to maximize long term profits for its shareholders rather than the current, shirt-sighted trend which is to fill their shareholders' coffers today and screw thoughts about tomorrow.
            • Of course, this would be written by our congresscritters that have such a good track record of legislating for the long term.
            • by CSMatt ( 1175471 )
              Except that this would undermine the concept of a free market, which dictates that a company that doesn't make smart decisions deserves to fail in the long run.

              I agree that companies should not base their motives solely on profit (especially short-term profit) but at the same time I do not believe that we should force them to take initiative by enacting a law requiring them to do so.
          • by Steeltoe ( 98226 )
            So implementing it is politically unacceptable for a company whose mandate is to maximize profit for its shareholders (like most for-profit companies) but only real product/course of action is to control the means of distribution. The "rights" of the end users are the least they care about. If they could get away with it, they would charge for every pair of eyes and ear every time one "experiences" the content.

            Its either to make a fair and believable shot at it, or alienate a fair number of your customers,
            • by CSMatt ( 1175471 )

              If you open your eyes to whats going on, you will see ALOT of people have stopped buying music, watching TV and are meeting in different environments experiencing life other than what is prepackaged and prepared for us by huge corporations.

              Well if that is indeed the case, than it is definitely relative. I can tell you for a fact that if you go to an average college campus today you will find that the bulk of the populace is still composed of mindless sheep. They still blast the latest hip hip singles out of their car windows and still buy brand-name clothing because it's what everybody else is doing.

        • Re: (Score:3, Informative)

          by CSMatt ( 1175471 )
          Fair use isn't just about the length of the work. It's also about the context in which it is used. If your suggestion was implemented, anyone could add a clip and then add nonsense or a blank screen to the bulk of the video to fool the filter.
        • Aside from the vast increase in complexity (and therefore expense), this wouldn't even cut it. Here [copyright.gov] is a good place to start: The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

          A check like you propose would certainly be a good attempt, but it isn't going to preserve fair use. It's a much more complicated test. 5% may be acceptable in one case but not in another.
      • Re: (Score:3, Insightful)

        by darthflo ( 1095225 )
        Perhaps they could un-automate it a tiny bit. Instead of "Any copyrighted content?" ? "DMCA" : "Go on", building "Any copyrighted content?" ? ("95%+ directly copied from copyrighted work?" ? "DMCA" : "Minimum wage operator, is this parody, educational or other fair use?") : "Go on" could be a possible solution.
        If such a system could reduce the workload for human-assisted operators to a sensible level, the operating costs shouldn't be too high. A community effort to raise the cost of DMCA takedowns by issui
        • "Any copyrighted content?" ? ("95%+ directly copied from copyrighted work?" ? "DMCA" : "Minimum wage operator, is this parody, educational or other fair use?") : "Go on"

          Ah, the fabled sexternary operator, nice to meet you! I can just smell all the minimalist legacy C programmers wetting themselves right now, getting excited over how unintelligible they could have made their code had they had access to such a beast in The One True Programming Language (TM) before they had to be tainted by this whole "class

          • You probably meant sestary, but actually it's only a quinary operation (a ternary of which one argument is another ternary resulting in five, not six, arguments).
            • You're right, of course, on both counts - don't know how I miscounted that, guess I hadn't quite woken up yet! I also didn't notice the parenthesis, which would have negated the whole point of my comment! That's what I get for Slashdotting before my coffee...
        • by CSMatt ( 1175471 )
          Perhaps, but that just makes the filter that much more complex, and the MAFIAA is impatient enough for this thing as it is, so it's unlikely that this will be implemented, at least initially.

          A community effort to raise the cost of DMCA takedowns by issuing counter-notices for all "bad" requests would also help lowering the cost of such a layer.

          That, and we could actually enforce the penalties for sending frivolous takedown notices that exist in the same law that instated them. I've heard of many stories about companies getting caught sending these frivolous notices, but none that indicate that the company was ever punished for it.

    • Re: (Score:2, Insightful)

      by freshmayka ( 1043432 )
      History shows us that they WILL INDEED send out blanket "take our stuff off your website NOW or we'll SUE" notices as often and as abundantly as they can.

      I'm sure this will have a painful affect on fair use - but the pain will only fuel the coming copyright revolution.

      • Re:fair use (Score:5, Insightful)

        by h4rm0ny ( 722443 ) on Friday December 07, 2007 @03:55AM (#21609641) Journal

        Well so what? If it's fair use it can be defended. I object to DRM because it prevents me from using the product I've purchased in fair ways and even worse, it prevents me from ever really owning what I've bought - never knowing when it will be taken away from me by a company's failure or a change in technology. But watermarking does none of that. If it doesn't interfere with my enjoyment of the product, then I have no problem with it. I think I even approve as a means of keeping down piracy will encourage companies to sell me products in a way that I want - i.e. as downloads.

        Personally, I encourage watermarking.
        • Comment removed (Score:5, Insightful)

          by account_deleted ( 4530225 ) on Friday December 07, 2007 @04:10AM (#21609697)
          Comment removed based on user account deletion
          • Probably because putting the movie in the drive and watching it isn't exactly being treated like shit. I guess I should rage against the publishers who don't want me to put their content on the Internet for everyone to freeload, but I just can't work up the righteous lather over it.
          • by h4rm0ny ( 722443 )

            I always find it amusing when people like yourself make this statement - no, you're by no means not the only one.

            I'm incredibly curious as to what "people like yourself" means. Please go ahead and describe me. ;) :D

            Because there seems to be a misconception here, I'll just clarify that the last "DRM'd" stuff that I bought was from the iTunes store back when PyMusique enabled me to buy the unencrypted formats. I also own a few DVD's from Optimum Releasing who seem to be in the thrall of Macrovision's c

          • by init100 ( 915886 )

            But why would you buy such a product in the first place?

            I think that you misunderstood his post. His objection is exactly the reason why he does not buy DRM-protected content, or that's at least how I interpreted his post.

          • by Holy69 ( 938902 )
            The consumers have matured. Why do you think that piracy is at an all time high? Because the average consumer found a way of avoiding the extremely outrageous pricing of music, video, and software. Truthfully, saying that a person shouldn't purchase music because of high prices is absurd. If a person really wants something, they can pay for it, or download it illegally. Saying "stop buying music" to people is never going to change a single thing. The increase in piracy and the fight for the right to s
          • But why would you buy such a product in the first place? I like movies and I love my music but absolutely ***NONE*** of it is stuff I wouldn't do without if it was too highly priced or too encumbered by DRM. I don't understand these people who need a movie or a piece of music ***SO BADLY*** that they're prepared to put up with being treated like shit by the manufacturer.

            You're talking to Walmart nation here, doesn't that tell you something?

            In actual response to your question, the problem is that lots o
          • While I kind of agree with what you're saying, I disagree with the sentiment.

            To me, buying music is not like buying coffee. If I buy a coffee somewhere and don't like the service I can just go and get a coffee elsewhere. Some coffees are better than others, but there's a lot of good coffee.

            Good music*, on the other hand, is unique. You _can't_ go elsewhere for it, hence DRM screws you over. It's like the great art/philosophy - it's the lastest attempt by human kind to "work it all out".
            This may sound wanky,
          • Try and spend a day or two spending money only on the things that you ethically/morally support. It's next to impossible.

            You can hypothetically 'vote with your wallet' and not buy drm-ed products (do you count DVDs in that, btw? It's a debatable point, where there is DRM on them, but it's so trivial to get around...), but once you expand the scope of "stuff I won't buy because ethically, I don't support the actions of the producers", well, try and buy a computer that wasn't manufactured with near-slave-labo
        • Comment removed based on user account deletion
          • by cliffski ( 65094 )
            I'll keep offering media that was made by other people on file-sharing networks regardless of watermarking

            Fixed that for you. Nobody cares about you offering *your* media on file sharing networks, But if you do not own the distribution rights, its not for you to offer it. Unless you want to pay a few million to the movie production company that put up the money to make it. You seem to think its great that people get to enjoy the music and movies for free, but the people who pay their rent and feed thei
            • Comment removed (Score:5, Insightful)

              by account_deleted ( 4530225 ) on Friday December 07, 2007 @05:00AM (#21609911)
              Comment removed based on user account deletion
              • This discussion is getting a bit off track. Although I agree with your take on copyright, the proposed watermarking scheme would make it simpler for copyright owners to deal with illegal distribution, which on the surface seems ok - the content isn't free to produce (especially video). This *shouldn't* have anything to do with fair use. Unfortunately, given recent history it's a certainty that it would be used to target individual fair use. It's disgusting how the RIAA and MPAA want to stretch copyright
            • by tepples ( 727027 )

              Nobody cares about you offering *your* media on file sharing networks
              Yes they do. Look at what happened to George Harrison in Bright Tunes Music v. Harrisongs Music. Harrison accidentally copied part of the hook from Ronald Mack's "She's So Fine" into Harrison's "My Sweet Lord", and he was successfully sued for seven figures USD. If I write a song, record it, and offer it on a file sharing network, how do I make sure that I haven't accidentally copied someone else's hook?
              • by cliffski ( 65094 )
                I agree with you 100%. that sort of thing is crap. But that doesn't vaguely stretch to cover the issue that media companies have with filesharing, which is the mass copying and distribution of perfect digital copies of other peoples work. Surely you agree that this is wrong?
                • by tepples ( 727027 )

                  I agree with you 100%. that sort of thing is crap.

                  But is there a solution for songwriters on the Internet who don't want to end up broke like Jammie Thomas?

                  But that doesn't vaguely stretch to cover the issue that media companies have with filesharing, which is the mass copying and distribution of perfect digital copies of other peoples work. Surely you agree that this is wrong?

                  I agree that the intentional mass copying and distribution of entire newly published works without the author's consent and without transformative use is wrong. But in general, the U.S. copyright statute is utterly broken with respect to the "intentional", "newly published", and "transformative" parts. Worse, Congress takes too many campaign contributions from entertainment industry giants to have any

        • Re: (Score:3, Insightful)

          by QuantumG ( 50515 )

          Well so what? If it's fair use it can be defended.
          haw haw haw.. It costs money to defend fair use. It is always cheaper to just go silently into the night.

          Maybe if there was some kind of legal fund for defending fair use that you could dip into, you might have a chance.
          • by h4rm0ny ( 722443 )

            Well so what? If it's fair use it can be defended.

            haw haw haw.. It costs money to defend fair use. It is always cheaper to just go silently into the night.

            So what are you saying here? That if I make a backup of the media that I've bought, that Michael Bey is going to burst through my door with a lawyer under each arm? That I'll get into trouble for moving videos to a new machine or listening to music on a recently purchased player or lending a file to a friend that I trust?

            Or perhaps you think the sam

            • Re: (Score:1, Flamebait)

              by QuantumG ( 50515 )
              You're an idiot.

              Go take a chill pill.

              • by h4rm0ny ( 722443 )

                You're an idiot.

                I'm baffled. What in my post is incorrect and why?
                • by QuantumG ( 50515 )
                  Every thing you said I said which I didn't and then your indignant reply to yourself.
                  • by h4rm0ny ( 722443 )

                    Every thing you said I said which I didn't and then your indignant reply to yourself.

                    I think you may have hit reply to the wrong post? You said:

                    haw haw haw.. It costs money to defend fair use. It is always cheaper to just go silently into the night.

                    And I questioned what exactly you expected to be sued for? The chief aim of fair use for me is to use my purchased file in an unrestricted way - putting it on new machines, backing it up, having it in an open format that I'm not dependent on a company to main

                    • by QuantumG ( 50515 )
                      You didn't question anything. You claimed I said you were going to get sued for X, Y and Z and then went on about how wrong I was.

                      My point is that if someone wants to sue you for infringing your copyright and you think "Ha! Fair use allows me to do what I did!" then you better think again cause they can still sue you and you can still end up being bankrupted by the time you've proven that fair use is an adequate defense. Then you can happily try to find a "no will no pay" lawyer to recover some of your l
                    • by h4rm0ny ( 722443 )

                      You claimed I said you were going to get sued for X, Y and Z and then went on about how wrong I was.

                      You said I would be unable to defend myself against claims of copyright infringement. I listed the things that I thought constituted fair use and said that I didn't think any of them would result in a law suit. I'm asking you for the third time what in there was incorrect and why. If you're going to say that watermarking will result in people engaged in fair use being sued (and my point all along is that i

                    • by QuantumG ( 50515 )
                      I said if you were sued. Otherwise it is just pointless talking about the fair use defense isn't it?

                    • by h4rm0ny ( 722443 )

                      I said if you were sued. Otherwise it is just pointless talking about the fair use defense isn't it?

                      And I've been saying all along, and very clearly and explicitly, is that I don't think it plausible that I will be sued for fair usage of a watermarked product. If you're not disagreeing with me on that point, then why have you been trying to argue with me for the last four or five posts? Have I been trolled?

                      Okay, let's just wind this up. I don't think anyone is still reading this thread but you and I.

        • If it's fair use it can be defended.
          Out of what income do you plan to pay legal counsel to demonstrate to a judge that a particular use is a fair use?
        • by geekoid ( 135745 )
          The problem is It doesn't distinguish who broke the copyright.
          The other problem being, 'it won't work.'

      • by Threni ( 635302 )
        > I'm sure this will have a painful affect on fair use -
        > but the pain will only fuel the coming copyright revolution.

        It will surely make for a few amusing emails on the `legal threats` page of PirateBay...
    • Content owners hate fair use. They are never going to help enable it.

      My peeve in fair use these days is ringtones. What about making a 10-second sample of a song for use as a ring-tone violates fair use? (You're just playing 10 seconds of a song you already "own" on a "music player" called a phone, right?) And yet, if you look at iTunes, they will only allow you to make ringtones of songs that the owners have explicitly permitted such usage.

      Feh.
    • as long as they don't just send out blanket infringement notices and obey the law allowing fair use
      haha that's a good one- everyone knows that fair use doesn't exist anymore
  • What a lovely concept. How long until they outlaw the things I remember? FREAKS!
    • Re: (Score:3, Funny)

      by SolitaryMan ( 538416 )

      How long until they outlaw the things I remember?

      They won't outlaw them. You will just have to pay a monthly fee as long as you remember [to do it].

    • They already have. Your memory implant [imdb.com] keeps a perfect record of what you see, here, and experience. You've therefore made illegal copies of said works. Either pay the fines accordingly, or have the device destroyed.

      What? It would be fatal to remove it from your brain? Who cares.

      Those of us with flawed implants [imdb.com] have nothing to worry about. :)
  • by SanityInAnarchy ( 655584 ) <ninja@slaphack.com> on Friday December 07, 2007 @03:58AM (#21609651) Journal
    The only problem I have with this is the potential to completely automate the process.

    But if we must have the DMCA, I'd much rather have takedown notices than outlawing circumvention.
  • Anybody want to start a betting pool? My money says that there'll be software to remove the watermarks within a week of the technology being implemented.
    • Watch it - online gamboling (much like copying protected content or circumventing copy-protection) is massively illegal in the US!

      My thoughts about this (and the tech where your personal info is embedded in your legal/bought copy of movies/music) as follows.

      Would you have to actually remove the watermarks? If they are designed so that they don't corrupt the media enough for you to notice/care, it should be simple to write random white-noise over the watermarked sections. Hopefully the new data would al
      • Re: (Score:3, Informative)

        by sqrt(2) ( 786011 )
        It's probably a bit trickier than rewriting some tags or metadata that is padding the file. If the watermark is made to personally identify the user it was sold to you could get two different copies from two different users and figure out what is different. The difference is the watermark. After that it's up to some ingenious coder to figure out the best way to remove or render the watermark unidentifiable. Probably as simple as merging/averaging the two.
        • by tepples ( 727027 )

          If the watermark is made to personally identify the user it was sold to you could get two different copies from two different users and figure out what is different. The difference is the watermark. After that it's up to some ingenious coder to figure out the best way to remove or render the watermark unidentifiable.
          How will this work if there are two separate watermarks, one to personally identify the user and one merely to identify the owner of exclusive rights in the work?
          • by sqrt(2) ( 786011 )
            I suppose you would need a clean copy then. Or maybe learning how the user data is stored could reveal how the watermark is embedded in the file and lead to a way to defeat it. But in practice just removing the user data is enough to keep p2p operating as normal, since there'd be no way to identify the original source of the file and hold them responsible for distributing it.
            • by tepples ( 727027 )

              But in practice just removing the user data is enough to keep p2p operating as normal, since there'd be no way to identify the original source of the file and hold them responsible for distributing it.
              But with a watermark that only identifies, say, the U.S. Copyright Office registration number of a work, the copyright owner can still go after anyone who has it shared.
              • by sqrt(2) ( 786011 )
                How is that different than our current situation? Maybe more automated and less false positives but they'd still have to go through the same process we have now.
            • Re: (Score:2, Informative)

              TFA is more about identifying the content as copyrighted so that they can offer takedown notices- not to identify the source. The idea is to utilize the same system they have to generate the ratings data- just identify each program by the watermark, making it easy to filter by the watermark. In no way does this imply there'd be a new watermark for each viewer.

              Additionally, TFA says that if there's no watermark, they'd generate a digital signature and compare that. So strip the watermark, and it'll take a
  • by Jartan ( 219704 ) on Friday December 07, 2007 @04:04AM (#21609663)
    The record industry put a lot of work into trying to make watermarking work. The article claims the system is an audio only watermarking system too. If Nielsen really had a system that worked their first customers would of been the RIAA.

    By the time they get "watermarking" to work what they'll have is a pattern matching machine that can match tv shows to youtube clips. They are a long ways from doing that though due to the amount of content it would have to work through in a timely manner.
    • by Mike89 ( 1006497 )

      By the time they get "watermarking" to work what they'll have is a pattern matching machine that can match tv shows to youtube clips. They are a long ways from doing that though due to the amount of content it would have to work through in a timely manner.

      It's not like that'd be hard. Just have a list of their TV shows, then send them in search requests to Youtube. Then check each title to make sure it contains the searched text in the right order (eg. "How I met your mother" - and possibly spelling variat

    • Watermarking audio would be an easily defeated form of DRM, but they did try it at one point.

      Audio watermarks are used all the time. The company I work for uses them to assist in identifying ad plays on broadcast radio. (The company I work for also identifies audio without watermarking. You don't need watermarking, it just makes things easier.)
  • Time to goto the library. I am completely fed-up with all these media companies.

    This is my New-Years resolution, starting now;

    No paid TV subscriptions. Bell ExpressVu you are history.
    No paid radio subscriptions. Sirius good-bye.

    TV will be limited to OTA access only.

    Media center linux-box will serve-up my movies.

    That should save me ~$90/month. That can offset the cost of a very fat internet pipe.
  • This could theoretically be used in an acceptable non-evil manner. The problem is that when you have a choice of implementing a sensible system that doesn't interfere with customers' rights, and implementing a broken overzealous piece of crap which causes a hassle for everybody without really deterring copyright infringement, our incompetent friends among the record companies will choose the latter.

    Still waiting for Google-Tunes ...
  • Watermarks might be just the thing to let DVR's distinguish Show from commercial. Even if Tivo wouldn't build this in, a small standalone device could listen for the watermarks and send pause and record commands via the IR remote interface.
    • If the system is hostile enough toward you to support watermarking, do you really think there is the slightest chance that it will be friendly enough to you to support automatically skipping over commercials?
  • "Leverage" is a noun, perhaps they mean "lever"? Or more likely, "use"?
  • Watermarking is fine (Score:3, Informative)

    by Sgs-Cruz ( 526085 ) on Friday December 07, 2007 @09:46AM (#21611421) Homepage Journal
    Spread-spectrum frequency domain watermarking is the most desirable "solution" that the studios can implement right now. The algorithms are designed so that the watermark is not detectible by humans watching the video (or listening to the audio) but any leaked copies can be traced back to their source. This way, if I buy a DVD (or Blu-ray or whatever) I can continue to use various tools to copy it to my hard drive, make a copy for my friends (as long as I trust them not to put it on the Internet), etc. but the guys at the theatres that are releasing 0-day telecines of new movies can be caught and fired/blacklisted from the industry/whatever. I don't really see a disadvantage to this, other than the supply of videos on the torrent sites drying up somewhat. Plus if this kind of thing becomes widespread it should be interesting to see the tools that are written to strip the watermarks!
  • by zippthorne ( 748122 ) on Friday December 07, 2007 @12:38PM (#21613675) Journal
    Don't like 70% of American households have cable? (or equivalent)

    I'd think that over a hundred million samples would be quite a bit better than a few thousand, no matter how well-chosen those few thousand are. As for privacy concerns, I'd specifically choose a cable company that tracked what shows I watch, since it'd mean that shows I like wouldn't get canceled because by some fluke, a few thousand people chosen for their willingness to keep a diary of their viewing habits, happened to not like it (or maybe just didn't notice it was available). They'd get canceled because I really am the only one actually watching.
    • "I'd think that over a hundred million samples would be quite a bit better than a few thousand," You are right and if you'd ever studied statistic you'd know how to calculate exactly how much better. So you do the math and find out your result is something like 2% more accurate. Inother words you reduce the 2% margin of error to nearly zero. The next question is was that 2% worth the cost. Every few years you have to re-evaluate becasue the cost might change but I doubt they will ever need to sample mo
      • Being able to extrapolate doesn't eliminate the selection bias that comes from the fact that only people willing to fill out the Nielsen paperwork are submitting results right now.
      • by Rakarra ( 112805 )
        This is only true if the people chosen for the Neilson ratings as well as the people who honestly participate in them are a totally random sampling of the TV watching population.
  • Is 95% of all TV Neilson watermarked? Or is it only in the USA? If so, do other country's media producers not deserve the same protection from being illegally posted to web sites?

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