(Agree 100% with him.....rf)

Media Companies Go Too Far in Curbing Consumers' Activities

By WALTER S. MOSSBERG
http://ptech.wsj.com/archive/ptech-20051020.html

In some quarters of the Internet, the three most hated letters of the
alphabet are DRM. They stand for Digital Rights Management, a set of
technologies for limiting how people can use the music and video files
they've purchased from legal downloading services. DRM is even being used to
limit what you can do with the music you buy on physical CDs, or the TV
shows you record with a TiVo or other digital video recorder.

Once mainly known inside the media industries and among activists who follow
copyright issues, DRM is gradually becoming familiar to average consumers,
who are increasingly bumping up against its limitations.

DRM is computer code that can be embedded in music and video files to
dictate how these files are used. The best-known example is the music Apple
Computer sells at its iTunes Music Store. Using a DRM system it invented
called FairPlay, Apple has rigged its songs, at the insistence of the record
companies, so that they can be played only on a maximum of five computers,
and so that you can burn only seven CDs containing the same playlist of
purchased tracks. If Apple hadn't done this, the record labels wouldn't have
allowed it to sell their music.

DRM systems are empty vessels -- they can enforce any rules copyright
holders choose, or no rules at all. Apple's DRM rules are liberal enough
that few consumers object to them. In fact, obtaining relatively liberal DRM
rules from the labels was the key to Apple's success in selling music. But
some other uses of DRM technology aren't so benign.

Some CD buyers are discovering to their dismay that new releases from
certain record companies contain DRM code that makes it difficult to copy
the songs to their computers, where millions prefer to keep their music.
People who buy online music in Microsoft's Windows Media format too often
run into the DRM error message "unable to obtain license" when trying to
transfer the songs to a music player.

Some TiVo owners have reported seeing messages on their TV screens,
apparently triggered by error, that warn that if the copyright holder so
chooses, TiVo recordings can be made to expire automatically after a certain
period.

For some activists, the very idea of Digital Rights Management is anathema.
They believe that once a consumer legally buys a song or a video clip, the
companies that sold them have no right to limit how the consumer uses them,
any more than a car company should be able to limit what you can do with a
car you've bought.

But DRM is seen as a lifesaver by the music, television and movie
industries. The companies believe they need DRM technology to block the
possibility that a song or video can be copied in large quantities and
distributed over the Internet, thus robbing them of legitimate sales.

In my view, both sides have a point, but the real issue isn't DRM itself --
it's the manner in which DRM is used by copyright holders. Companies have a
right to protect their property, and DRM is one means to do so. But treating
all consumers as potential criminals by using DRM to overly limit their
activities is just plain wrong.

Let's be clear: The theft of intellectual property on the Internet is a real
problem. Millions of copies of songs, TV shows and movies are being
distributed over the Internet by people who have no legal right to do so,
robbing media companies and artists of rightful compensation for their work.

Even if you think the record labels and movie studios are stupid and greedy,
as many do, that doesn't entitle you to steal their products. If your local
supermarket were run by people you didn't like, and charged more than you
thought was fair, you wouldn't be entitled to shoplift Cheerios from its
shelves.

On the other hand, I believe that consumers should have broad leeway to use
legally purchased music and video for personal, noncommercial purposes in
any way they want -- as long as they don't engage in mass distribution. They
should be able to copy it to as many personal digital devices as they own,
convert it to any format those devices require, and play it in whatever
locations, at whatever times, they choose.

The beauty of digital media is the flexibility, and that flexibility
shouldn't be destroyed for honest consumers just because the companies that
sell them have a theft problem caused by a minority of people.

Instead of using DRM to stop some individual from copying a song to give to
her brother, the industry should be focusing on ways to use DRM to stop the
serious pirates -- people who upload massive quantities of music and videos
to so-called file-sharing sites, or factories in China that churn out
millions of pirate CDs and DVDs.

I believe Congress should rewrite the copyright laws to carve out a broad
exemption for personal, noncommercial use by consumers, including sharing
small numbers of copies among families.

Until then, I suggest that consumers avoid stealing music and videos, but
also boycott products like copy-protected CDs that overly limit usage and
treat everyone like a criminal. That would send the industry a message to
use DRM more judiciously.
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