Re: [dvd-discuss] More Copy Protection

["John Zulauf" <johnzu(at)ia.nsc.com>]

Tom wrote:
> 
> On Wed, Sep 26, 2001 at 09:08:43PM -0700, John Young wrote:
> > Wall Street Journal reports today:
> >
> >   Vivendi Universal said it would begin releasing compact
> >   discs equipped with a technology that prevents customers
> >   from making digital copies. A spokesman declined to
> >   explain what technology would be used, but said it "will
> >   not impede the consumer experience."
> 
> ripping .mp3 files *is* (part of) my "consumer experience".
> 
> (I have ripped all my bought CDs to .mp3 on my fileserver and used cddb
> plus local database to have a really convenient local music
> environment.)

space-shifting (from LP to tape, tape to CD, CD to portable (or server)
has been part of my "user experience" for 3 decades now.  How can
preventing this not affect my "experience" as a consumer.

This decrease in functionality reduces the value of the product *below*
the price, and thus I will by none of it.  If that means that I don't
have the latest and greatest audio in my collection (and yes at 40+ I've
got recent Creed, P.O.D., 3 Doors Down, et. al. in my collection).  I
might have to go back to taping the radio.

Wild hare: If I published an accurate time stamped playlist for a radio
station (or network) which listed title, artist, or "commercial" and
compiled this playlist into an edit-decision-list and you the listener,
using the same time reference digitally recorded the broadcast of this
same station.  Would the combination of the playlist, EDL, and editor
applied to that recording be illegal for the individual?  Could I
legally sell you the playlist?

Take it a step further "Radio Napster"  -- a nationwide broadcast
network (sattelite?) which provides (through broadcast, or internet) the
meta data necessary for the listeners to automatically edit the songs
out of the broadcast stream.  By breaking up the day into "format"
hours-- it would be legitimate to time shift the "techo-hour" from
12noon to whenever, but would it still be legal if the means to build a
personal library where so well integrated?  What would be the
bright-line test between an open-source playlist logging project and
"Radio Napster?"  (Anybody at a college radio station want to try this?)

The music companies keep complaining about free music (and then license
their material for radio play).  So which is it -- you do, or don't like
free music?  If the answer is "free" on the radio is OK... then we
should push it 'til it breaks.

The ultimate goal in all of this.  A "first access" doctrine -- if I
gain legitimate access to a copyrighted work... then all fair uses
should be available to me.  This would kill rental and PPV business
models -- or (more correctly) put them on a firm economic footing. 
Currently rental/PPV models (as well as broadcast) are based on an
artificially low price which assuming the customer cannot make post
rental/post PPV access (or build a video library).  This also works to
artificially inflate fixed media "sales" prices (as they account for no
time shift/space shift copies as competition).  Econ 101, 201, and 210
(intro, macro and micro) taught me that non-market pricing is a bad
thing leading to misallocation of resources in the marketplace.  "first
access" should fix these.

.002