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A DRM Question Worth Asking

February 8, 2010 By Mark 8 Comments

Imposing technological solutions for Digital Rights Management (DRM) is, in theory, a viable way to stop the piracy of online content. In theory. In practice DRM presents a host of implementation problems and customer service headaches because legitimate content owners are punished or disadvantaged alongside thieves.

Because of the gap between current theory and practice, proponents and opponents of DRM attempt to dominate the DRM debate with apocalyptic rhetoric, political gamesmanship, and the kind of righteous indignation that is both an intellectual guilt trip and calculated lie at the same time. Neither side is really interested in what is practical or effective, or even in learning how pirated content is actually consumed by the end user.

The reason they are not interested is because they cannot sell the products they want to sell in a calm atmosphere. It takes fear of nuclear annihilation to sell both bomb shelters and bombs, so both sides in the DRM debate stoke the rhetorical fires and present their hard-line solutions as the truth, the light and the only way. All of which I’ve talked about here, here and here.

Still, it seems to me that there is one DRM question worth asking. Here’s how I referenced the issue in one of those previous posts:

Elsewhere in the clip, Mr. Doctorow makes a good point when he says that books will be copied and scanned regardless of the DRM that publishers employ. I agree. But that’s not necessarily saying something important. Scanned versions of books are almost inevitably going to be less clear than licensed e-books or even licensed digital copies. Yet even assuming someone cracks a DRM-protected book and makes it available for free, the book business has a kind of built-in protection against wanton piracy simply by nature of its content.

Music comes in small files. Movies are dumb — you just stare at them. Books, however, are big, and require active engagement over a long period of time in order to be consumed.

Maybe someone somewhere is downloading two hundred cracked e-books at a whack, then reading the first sentence of each in order to find a great read, but I think it’s unlikely. In fact, it’s unlikely that most pirated books are ever completely read, precisely because a book is relatively hard to digest. This means the ratio of thefts by end-users who intend to enjoy the content they steal to thefts by pirates who intend to profit from the content they steal may be lower in the book publishing industry than in any other medium. Which means the book publishing industry has more to gain by going after traffickers and less to gain by going after end-users than any other industry.

[ Read more ]

Filed Under: Publishing Tagged With: content, DRM, piracy

What You Steal

February 2, 2010 By Mark 38 Comments

The Premise
A month ago I engaged in an interesting conversation with Luke Bergeron on his [now defunct] blog, about copyright law. My interest was prompted in large part by Luke’s incisive generational examination of the question of piracy.

Here’s how Luke initially framed the issue:

The real issue goes beyond digital piracy to copyright itself. Now, I don’t believe that digital file sharing, even of copyrighted materials, is theft. That’s probably a generational thing, but we’re gonna do our best to suss out as much meaning as possible. Keep in mind, this entry is a fluid conversation, so comment if you wanna participate.

So, theft seems to me like it is inherently defined by the taking of something from someone else, depriving them of it. Theft is a physical concept, based on a starvation economy, that there is a finite amount of resources to go around, and possessing resources means someone else will not possess them.

Last week I read a post on The Millions called Confessions of a Book Pirate. On the subject of piracy the confessor had this to say:

In truth, I think it is clear that morally, the act of pirating a product is, in fact, the moral equivalent of stealing… although that nagging question of what the person who has been stolen from is missing still lingers.

Two days ago I read a post from Marian Schembari on Digital Book World, called
A Gen Y Reaction to Macmillan’s Piracy Plan. In her comprehensive rant, Marian had this to say about piracy:

I’m not condoning piracy (sort of), but if major publishers are only going to look at the “legal” side of things and spend precious time and money fighting the inevitable, they are going to crash and burn.

I’m poor, I understand technology, and I guarantee I can find any book online, for free, in 10 minutes or less. You can delete and sue all you want, but at the end of the day the internet is a wide and limitless place, meaning it’s a waste of time, money and energy to fight it.

In response to Marian’s post, Debbie Stier of HarperStudio/HarperCollins wrote a post on her company blog, congratulating Marian for stating her overall case regarding Macmillan, and for giving insight into the Gen Y perspective.

Here’s the bottom line for me — whether you agree or not with Marian Schembari’s views on piracy, she has given us a glimpse into the psyche of a Gen Y reader. I appreciate her honesty. I believe this is a gift. I think we should listen.

I agree with Debbie. We should listen. But then we should reply.  [ Read more ]

Filed Under: Publishing Tagged With: content, digital, Luke Bergeron, piracy

The Bigger Picture

October 29, 2009 By Mark 1 Comment

CNET’s interview of Eric Garland, CEO of Big Champagne, has attracted understandable interest over the past few days. Garland talks turkey and sense about how the internet will inevitably impact the movie business, just as it has the music and publishing industries:

What will happen is the studios will exhaust every available remedy and there will be a series of evolutions, meaning they will exhaust one remedy and a new one will present itself. These things will be pursued in tandem. They will pursue technological intervention on the Internet. This goes to the study at NYU that basically says this has had no effect. Ultimately, because they are spending a lot of money and not getting results, they’ll become disillusioned with these vendors. They’ll clean house. But something else will present itself.

I think he’s right about where we are, and I think he’s right about where we’re going in the future, but I think he and almost everyone else stop short of where we’re ultimately headed. And I’m not saying that as a criticism: Garland properly frames his comments in the context of survivability, not ultimate truth. The goal is getting your industry through the transition, after which things will of course continue to evolve.

Still, I think the lines of convergence are pretty clear, even if they still resolve over the horizon. Everything people think they know about the internet is predicated on a set of relatively arbitrary decisions. Net neutrality is one instance, anonymity is another. Flip a couple of simple switches and suddenly the internet doesn’t look like the wild west or a commune, it looks like Big Brother or a corporate bureaucracy.  [ Read more ]

Filed Under: ~ Tangents Tagged With: DRM, internet, law, piracy

Piracy is Piracy

September 25, 2009 By Mark 4 Comments

There’s a note going around today that 90% of MacMillan’s frontlist (their new books for this year) has been pirated. Predictably, this somewhat less-than-surprising factoid is being exploited by a number of interested parties, including the anti-DRM nuts who are always eager to remind us that DRM doesn’t work.

Well, we know DRM doesn’t work, and probably won’t ever work. But that doesn’t mean the idea behind DRM is wrong.

I also don’t like it when two sides in an argument promote extreme views that intentionally distort reality, then demand that I declare an allegiance. Since the internet first took hold of public consciousness the very question of content piracy and what piracy means has been distorted by two notable and related running battles featuring factions that I don’t respect.  [ Read more ]

Filed Under: Publishing Tagged With: China, Macmillan, Microsoft, piracy