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Re: [dvd-discuss] JackBoots Really Just Wants People to beHappy]

johnzu@ia.nsc.com wrote:

"Just what part of the publishing business do they want to perform for
their (largish) cut of the 16.99?  A web site, a fat pipe, and a credit
card entry form.  No wonder they spend so much on lobbying!"

That's the beauty of a monopoly...expecially one where Fair Use gets 
tossed out using technology..and the term is "forever less a day" 
practically as well as technologically...and all their business models are 
based upon that and having enough control that they can force things to go 
their way.

"John Zulauf" <johnzu@ia.nsc.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
10/29/2002 08:45 AM
Please respond to dvd-discuss

        To:     "DVD Discuss" <dvd-discuss@eon.law.harvard.edu>
        Subject:        Re: [dvd-discuss] JackBoots Really Just Wants People to beHappy]

microlenz@earthlink.net wrote:
> http://www.backstage.com/backstage/features/article_display.jsp?vnu_content_id=1
> 746587
> MPAA president and CEO Jack Valenti said that in actuality the
>  resolution was decidedly anti-consumer. "If this resolution is
>   implemented, then consumer choice would be limited," he
>   said. "Who in their right mind would put their movies on the
>   Internet? It would frustrate the ability of copyright owners to
>   distribute to the consumer in convenient ways."

This is of course what he and they said about VHS, VideoDisc, rental,
and DVD.  This was the logic that induced Circuit City to invest in Divx
(and lose it's shirt). 

"Who in their right minds...?" It's called "the prisoners dilemma" Jack.
It is the force that keeps DVDs in the market even though the alleged
are false(1), cracked(2), commercial copy programs exsist (3) and copy
protection has not proven cost effective (4).  DVDs are unprotected, and
shipping in record numbers.  Why? It's that pesky "prisoners dilemma"
again. So the answer to your question Jack is exactly *EVERYONE*.

In fact, the two things holding *back* Internet distribution is  the
lack of "mandatory licensing" and the MPAA's belief they can win through
legislation what they could not sell to the marketplace (5) --
post-first-sale controls.  "DAT and Divx be d*mned" they seem to be
saying.  Who cares if the user has always rejected these systems in the
past (until they find they can circumvent them (6)).  As for the former,
mandatory licensing, several companies have been actively opposed by the
MPAA, though ready and able to provide convenient for-pay access to the

So, Jack here it is.  Lead, follow or get out of the way.  From the
"Boston Strangler" comment, to the Divx debacle, and through to the
present we've seen no leadership except a cry for forward march to the
read.  So follow or get out of the way.  There's $100B industries who'd
like to feed and this manger and the MPAA dog has got to go!

(1) "authoring" drives for DVD-R are now available, and encryption never
has been copy protection.

(2) DeCSS and successors exist and are readily available to any who want
to "circumvent", and simple "video stabilizer" and a DVD recorder from
Philips get one a nice clean digital copy.

(3) CopyDVD is available though currently suing to preserve it's own

(4) Aside from the obvious, well known examples in the mass market
software business (the $10,000/seat engineer tools are a different
beast), is the fact that Macrovision costs points, and reduces no threat
vector (c.f. "video stabilizer" at www.jandr.com
http://makeashorterlink.com/?F2E541642 )

(5) The other part of this is the "convenient ways" of which Mr. Valenti
speaks include the business of providing downloads with post sale
(access) controls for one price, and then charging the full prices of a
DVD for the end user to space-shift the movie onto to their own media. 
They seem to be saying --

"use your media, use your capital equipment (the burner), use your
bandwidth charges (mine are $5 per 10GB above 10GB/month), and pay us
the big bucks -- we are the publisher!" 

Just what part of the publishing business do they want to perform for
their (largish) cut of the 16.99?  A web site, a fat pipe, and a credit
card entry form.  No wonder they spend so much on lobbying!

(6) DAT only success was for professional recording, where (as I have
been told by those in the industry) the recorders showed up from Sony
with pack-in instructions for how to rejumper the circuit board (or what
leads to cut) to disable SCMS)