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DRM is Useless

 

DRM is Useless
Bit Rot
Human Factors
Who is Criminal?
Software Patents
Social Contracts



Basic Technology Makes DRM Almost Useless

But there are other factors at work that not only will save history (literally) but will invalidate the whole DRM movement and make it uneconomic for industry to continue to pursue it (but we might be saddled with it anyway due to legislation - but that's for another section.)

No matter what DRM technology is used to protect the digital media you might receive your documents, music or video on, at some point the information contained in "the box" must come out and present itself in a way that you as a human, flesh and blood receiver must have. Until technology can bypass your eyes and ears and put things directly from digital storage into your brain, there must be a translation of the information into something that not only you can see and hear, but so can a microphone and video camera or scanner.

There are already downloadable Internet files containing for example copies of the Lord of the Rings Two Towers film, even though it has not yet been released on DVD. They are very obviously digitized from home video recorders smuggled into a normal theatre; fuzzy sound, popcorn munching background noise, people talking in the theatre and the backs of people's heads in front of the movie. This is just one example of getting around the availability of copyable material regardless of the level of security surrounding the film, DVD original or whatever; and obviously some people willingly put up with such low quality.

Similarly, re-recording an audio work by putting a microphone in front of the speakers you might otherwise listen via creates a recording that is more than reasonable. Not only do most people not notice the difference unless compared side by side, but most people who listen to music in anything but a quiet room (i.e. while jogging or driving or as background music while doing other things) can't tell the difference at all due to things like blood pounding in the ears and other noises. The human ear is an extremely forgiving input device, able to pull pleasurable experience from sound that might actually be tremendously distorted compared to the original. In some cases, the brain simply uses the sound to recall a better experience from a previous, remembered listening experience (maybe the last time the work was heard on the radio.) The visual experience of a distorted video is a bit more problematic, but even there it is incredible what a person will put up with and still get entertainment out; snow, wavy lines, low resolution, visual and audio distraction, etc.

The point is that there are not only straight-forward methods of making "almost as good" copies from digital originals, there are lots of people who will either not notice the difference, or will put up with the lower quality simply because they refuse to pay for the original for whatever reason, DRM's restrictions being one that the industry must take into consideration.

Technology Advances Make DRM Useless

CPU Horsepower

While there are other ways of defeating DRM, the one most people are familiar with is brute-force cracking. While it is certainly possible to encrypt a work with a system that theoretically cannot be broken with today's technology in a time measured in lifetimes of the galaxy, technology is not standing still. In addition to this, there are reasons why encryption technologies that the recording industries choose might be cracked with less than theoretical effort that are dealt with in the section on encryption technologies.

CPU/processing horsepower increases are not showing any signs of slowing down. While Moore's Law (doubling of CPU power every 18 months) is still being fairly closely followed by silicon technologies, there are other factors that threaten to make Moore a pessimist. Things like molecular technologies and quantum computing will make the traditional "Von Neuman" machine architecture (single data path from memory to CPU) faster for years to come. In addition, the parallel computing environments, from loose and tight clusters to optical/holographic and other even more esoteric technologies will put incredible amounts of computing power at the fingers of virtually anyone who needs or wants it.

Even the fact that there are millions of sometimes idle PCs connected via the Internet is allowing both legitimate and illegitimate users access to staggering amounts of CPU horsepower. Consider the possibility of the next major worm attack on the Internet not trying to crack or destroy the infected computer but simply making the PCs' spare CPU cycles available to the attacker to use to crack some cyber lock.

The changes in DRM key sizes and management infrastructure necessary to keep up with the advances outlined above will make keeping up a major cost of doing business in the near future. In addition, this whole pissing match will cause other problems such as market push-back by consumers when new media won't play on their perfectly good recent technology; not to mention the problems archeologists of the future will face in trying to find a "Rosetta Stone" for the media they find buried in the rubble of our current civilization.

The Internet, Network bandwidth and Peer to Peer

The Internet has changed the rules for the distribution of content/products that can be digitized. These distribution channels affected include: newspapers, radio, TV, background music, retail music, retail multi-media, retail games, betting. Don't get me wrong, I'm not saying that the traditional channels are dead by any means; just that the channels are affected whether they like it or not.

The problem is that many of these channels are big business, and big business doesn't like change; certainly not within the short time that it has taken for the Internet to rise from a curiosity to the world-dominating force it has become. Big business can and will fight back, and DRM is just one of the bullets in its gun. The question is, should the fight be sanctioned and backed by legislation to the extent it has been or to the extent that big business wants it to be, or should the free market determine who will live and who will die; and big business will either adapt or die?

If government were placed in the position of similar lobbying at the turn of last century, the buggy-whip manufacturers might have been able to make the case that all "horseless carriages" should be equipped with a buggy whip as standard equipment, regardless of the fact that the buggy whip was only useful when there was a horse involved.

Similarly, the union for those unfortunate individuals who were charged with walking in front of the automobile ringing a bell to warn horses in some jurisdictions might have lobbied to have legislation introduced requiring all auto owners to pay for someone for the whole time the car was in motion, regardless of the fact that there no longer was either a need for the person or the possibility that the person could walk (run) fast enough to stay in front of the car.

Typical network bandwidth available to users of the Internet ranges from about 14400 bits per second (14,400bps - typical medium speed dial modem) to in excess of 6,000,000 (6Mbps highest speed of ADSL.)

At the low end, text and block graphics with some relatively low resolution pictures work best; such as might otherwise be read in a newspaper or via the reader bar on a news TV channel.

At anything from about 50,000 bps (50Kbps) on up, it is possible to listen to reasonable quality streaming audio. This means from roughly the top end of the dial modem speed range (56Kbps) on up, it is possible for the Internet to do what has been done with radio in the past. At speeds from about 100Kbps on up, it is possible to see motion video, albeit not at sizes or frame rates comparable to broadcast TV; that takes something closer to 1Mbps or more.

But just listening or watching in real time is not the only thing the Internet is all about - it is also about transferring files from place to place while the user does something else. This is not new. In the early 1980s our company, Wimsey, ran a service that allowed our users to request files from other computers around the world using what was called "batch ftp". Knowing the name of a file and the computer it resided on, the user could ask the system to transfer it overnight or over however long it took (the 'Net was a lot slower then) - and return later to find the file in their home directory.

Today, a user can browse the contents of thousands of computers' shared files and select which ones to bring to their own computer; there to either use, copy to other media, and maybe even to publish via their own shared directory in this time of peer to peer file sharing.

With one of today's higher speed lines, files of music works and even full resolution video files such as found on DVDs can be received faster than one could travel to a store to purchase a copy; and this, as much as the fact that the copies received typically don't cost anything close to retail, is what it is all about; convenience!

So we have a network that hits many consumers at home, with a facility that compares to print, radio and now even video. It can lower the time it takes for a consumer to acquire digital products and may even lower the cost of delivery of that product (the jury is still out when it comes to digital video.) This facility has changed the map of retail distribution of text, audio and video (and other things, but that's a different story.)

Peer to Peer networking on the Internet has thrown a curve into the mix though. The fact is that the Internet is a two-way medium. It is not just from the holders of "content" that can push things out; the Internet is a two-way medium - the recipients of something can turn around and send it back out, becoming distributors in their own right. This is compounded by the fact that digitized content is infinitely reproducible with neither degradation nor more than incidental cost. The one saving grace for the copyright owners is that the typical recipient with a high speed incoming line is limited with regards to outgoing; cable modem and xDSL lines are usually limited on outbound packets to a fraction of the incoming bandwidth, typically only a 1-500kbps. On the other hand, there are far more private network connections than there are commercial ones so the bandwidth total adds up to quite a bit in total. This is the problem the copyright holders see - competition in the distribution pipe; competition they cannot control.

Personal Use of Encryption Technologies

Hand in hand with increased CPU horsepower and network bandwidth goes the use of encryption technologies in the transfer of files and data from peer to peer. The fact is that the technologies that DRM relies upon are also available to the purveyors of cracked content in the distribution of it once cracked. There is nothing (and I mean nothing) that anyone involved in the use or regulation of the Internet can do about the use of encryption.

While most encryption technologies are obvious in their use, even if encryption were either regulated or outlawed there are other technologies that are devious and next to impossible to detect. Given the facts of high (and growing) bandwidth and incredible CPU horsepower, transferring files surreptitiously is a given. It might not happen at quite the pace that it seems to be happening now, but it will still happen. The genie cannot be put back in the bottle and Pandora's box will never have its contents put back.

The US government attempted to enforce a "back-door" in the primary encryption engine that was to become the standard for Virtual Private Networks (VPN) using the "clipper" chip and key escrow (a "trusted" agency holds an extra key that can unlock anything clipper encrypts - you trust the government don't you?) Today, the question is whether or not Microsoft has bowed to pressure to include such a back door in anything that Microsoft puts out in the way of an operating system or office product.

Of course that was before the average home's PC had several times the power of that time's (only a couple of years ago) dedicated hardware encryption engine. There's a lesson there somewhere.

Coupled with both cracking and re-recording (see below), the fact is that there is little that can be done about individuals engaging in redistribution of copyright materials over the Internet if the public decides to do it.

Storage Size - Especially Portable

While it is likely that the media of any of the various digital works sold at retail will always be fairly substantial due to the consumer's expectations ($25 for this little piece of plastic - you've got to be kidding!) once something has been hacked, cracked or re-recorded, the size of the medium it can be stored on is shrinking all the time. A key-fob sized flash RAM device can store many MP3 works today. Tomorrow's technologies such as IBM's Millipede micromechanical storage chips and others of even higher density will make the storage of significant amounts of copied works a pocket commodity.

If, as I suspect will happen, the populace gets into a mood to actively thwart DRM efforts, it will be all but impossible to track the private copying and distribution of them. This is not the same as the wholesale pirating of pseudo-legitimate originals which is a whole other problem for the copyright owners. This is more along the lines of the same thing I can do today with my Palm PDA where I meet a friend in a social setting and am offered (and accept) a copy of something my friend has on his PDA via the built-in infrared or wireless capabilities. Today, my friend might have a copy of a few music works or a program or two. Tomorrow he might have one or more full-resolution video works, all in a package smaller than a pack of cigarettes.

If people want to pass copies of cracked or re-recorded digital works, even without the Internet, they can and will do it.

As time goes on

October 10, 2003 - Music publishers are starting to get the message. Here in Canada the retail price of CDs has been reduced 30% or more in the past month or so. Hit titles are selling for as little as CDN$9.99 in stores in Vancouver - quite a change from the $20+ of not that long ago.

There is also an article in Reuters about the decline of the E-book (DRM for the printed word). The article notes that this is not just about DRM but is about the consumer's love of "traditional" books.

richard

 


 

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Updated June 17, 2005