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Analog hole

A couple of recent stories on photography of certain items being ‘banned’ – Cory Doctorow on a Magritte exhibition’s hypocrisy, and Jen Graves on a sculpture of which “photography is prohibited” – highlight what makes me tense up and want to scream about so much of the ‘intellectual property debate’: photons are no more regulable than bits. And bits, like knowledge itself, aren’t regulable either (Cory again). Just as he who lights his taper at mine, receives light without darkening me, so he who receives an idea from me, receives instruction himself without lessening mine (Jefferson, via Scott Carpenter).

So this sign available from ACID (Anti-Copying In Design) made me laugh with astonishment, and cringe a little:

No photography allowed, from ACID
Image from an ACID leaflet, “You wouldn’t say that copying was the sincerest form of flattery if it cost you your business”. The sign doesn’t seem to be shown on ACID’s Deterrent Products online store.

I understand what ACID is trying to do, and unlike most anti-copying initiatives, ACID is set up specifically to protect the little guy rather than enormous intransigent oligarchies. ACID’s sample legal agreements and advice for freelancers on dealing with clients, registering designs, etc, are great initiatives and I’m sure they’ve been a fantastic help to a lot of young designer-makers.

But a sign ‘banning’ photography at exhibitions? At design exhibitions where new aesthetic ideas are the primary reason for most visitors attending? That seems hopelessly naïve, akin to a child defensively wrapping his or her arm around a piece of work to stop the kid at the next desk copying what’s being written, but then pleading with teacher to put it up on the wall.

And I would have thought, to be honest, that “with phone cameras your ideas… [being] sent globally within seconds” is more likely to lead to instant fame and international recognition for the designer on sites such as Cool Hunting, We Make Money Not Art, or Core77 than (presumably unauthorised) “mass production”. But maybe I’m wrong: I’m sure you’ll let me know!

Most young designers are desperate for exposure. I know every design exhibition I’ve shown stuff at (not many, to be fair), I’ve been delighted when someone photographs my work. ACID’s sign also raises the question, of course, whether when someone displaying the sign actually sells a piece of work, it comes with a label attached telling the purchaser than he or she may not photograph it, or show it to friends. Wouldn’t that be a logical extension?

P.S. We’ve looked before at actual technologies to ‘prevent’ photography, such as Georgia Tech’s CCD-blinder and Hewlett-Packard’s “remote image degradation” device (in the wider context of “plugging the analogue hole”). As I replied to a commenter on the Georgia Tech story:

It won’t be too long (20 years?) before photographic (eidetic) memory and computers start to overlap (or even interface), to some extent, even if it’s only a refinement of something like the Sensecam. What’s going to happen then? If I can ‘print out’ anything I’ve ever seen, on a whim, why will I worry about what anyone else thinks?

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Digital architectures of control

Some developments in – and commentary on – digital architectures of control to end 2006:

  • Peter Gutmann’s ‘A Cost Analysis of Windows Vista Content Protection’ (via Bruce Schneier) looks very lucidly at the effects that Vista’s DRM and measures to ‘protect’ content will have – on users themselves, and knock-on effects elsewhere. The more one reads, the more astonishing this whole affair is:

    Possibly for the first time ever, computer design is being dictated not by electronic design rules, physical layout requirements, and thermal issues, but by the wishes of the content industry.

    Vista appears to be just about the worst consumer product of all time. However, unlike other discretionary purchases, consumers will have less of a choice: Vista will come with any PC you buy from a major store, and all the hardware manufacturers will have to pass on the extra costs and complexity required to customers, whether or not they intend to use that hardware with Vista. When critical military and healthcare systems start to be run on Vista, we’ll all end up paying.

    As Peter puts it:

    The Vista Content Protection specification could very well constitute the longest suicide note in history

  • In a similar vein, the ‘format wars’ over high-definition video appear to have descended into a farce:

    Basically, what we have is a series of anti-consumer DRM infections masquerading as nothing in particular. They bring only net negatives to anyone dumb enough to pay money for them, and everything is better than these offerings. They sell in spite of the features they tout, not because of them.

    And, of course, HD-DVD encryption has already been “(partially) cracked” as Uninnovate puts it, with that decryption effort being triggered directly as a result of consumer frustration with incompatibility:

    I just bought a HD-DVD drive to plug on my PC, and a HD movie, cool! But when I realized the 2 software players on Windows don’t allowed me to play the movie at all, because my video card is not HDCP compliant and because I have a HD monitor plugged with DVI interface, I started to get mad… This is not what we can call “fair use”! So I decide to decrypt that movie.

  • “Consumers buy only 23 songs per iPod” – clearly, the vast majority of music on iPods and other portable music players has been acquired through CD-ripping or file-sharing, something which we all know, but which has been an elephant in the room for a long time when the industry is discussed (and remember that the Gowers’ Review has only just recommended that ripping CDs be legalised in the UK).

    Of course, Bill Gates also recommends ripping CDs (see also some great commentary from LilBambi on this).

    Andrew Kantor in USA Today has some pragmatic analysis of the situation:

    People want their music without restrictions, and too many legal downloads, like those from iTunes, come with restrictions. You can’t copy them to another player, or you’re limited to how often you can do it, or you have to jump through the hoops of burning your iTunes tracks to CD and re-ripping them to a more useful format… as cellphones with built-in MP3 players gain popularity, users will find themselves up against an entirely new set of usage restrictions. Some subscription services will delete the music from your player when you cancel your subscription.

    Buy a CD or use a program like eMule… and you have no restrictions. And that’s what people want.

    They don’t want to have to match their music store with their music player any more than they want to have to match their brands of gasoline with their brands of car. They want, in short, to be able to use today’s music the same ways they used yesterday’s: Any way they want.

    In fact, the industry’s been down this road before and hit a similar wall. In the first decades of the 20th century, the wax cylinders (and, later, 78rpm disks) on which music was recorded worked only with specific players. Industry attempts to monopolize the technology led only to poor sales.

  • Finally, Microsoft’s Steve Ballmer tells us that in 2007 the consumer will be “back in control”. It doesn’t mean much out of context, nor in the context he used it in fact, but it looks like Doublespeak is alive and well.
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    UPDATE: The code being used is from the Explorer Destroyer project, which has an explanation of its rationale here. It’s worth noting that it’s not just ‘Get Firefox’, but ‘Get Firefox with the Google Toolbar’, hence the $1 referral fee… I’d much rather have Firefox with some degree of privacy, to be honest. Thanks for the info, Joshua.

    This is what Töshöklabs’ website looks like in Firefox:

    Toshoklabs.com on Firefox

    And this is what it looks like in Internet Explorer (with a close-up of the text):

    Toshoklabs.com on IE
    Toshoklabs.com on IE

    I came across this site via an interesting piece at 3.7 crea.tv:

    “While I understand the frustration many designers have when dealing with making a site IE compatible, and I absolutely love the idea of more users browsing with Firefox, we have an obligation to make sure the IE version of a site looks just as good as its Gecko counterpart. It is, after all, the most common browser in use hands down… It wasn’t until I saw this “IE incompatible site” that I realized how bad this trend has spread… The designers outright do not let you browse their site if you are on IE. They shut out 80% of the Internet without batting an eye. This is no different than the painful old trend of stating how the web page should be viewed, IE: “Best viewed in 800×600 on IE 3.2″.”

    The thing is, the Töshöklabs site is not actually ‘IE incompatible’ at all. The site is deliberately made unusable in IE by showing a hidden layer, invisible to Firefox (and Opera) users:

    Toshoklabs.com source

    This is a clever trick; I’m not quite sure what my reaction should be. Are the site’s creators saying “IE users aren’t the sort of people we want using our site”, or just “Get educated“? It’s surely the latter, but they perhaps forget that many possible visitors are stuck in offices where they’re just not permitted to install Firefox (or other alternatives), or are using other types of specialised browsers*, screen-readers, etc. Not everyone is able to make a choice about the software he or she uses.

    I understand exactly what Töshöklabs are trying to do, and the aim of spreading the message of alternative software is a laudable one (as is their giving away DRM-free music), but the implementation is only one step away from MSN’s deliberate anti-Opera behaviour. It would be better from a usability point of view to have that “We see you’re using Internet Explorer…” message as part of the homepage, large enough to catch visitors’ attention but not take control away from them.

    *e.g. here’s what it looks like in Lynx – not a very intelligent script, then!
    Toshoklabs.com on Lynx
    Toshoklabs.com on Lynx

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    Here’s the direct link for that new BoingBoing podcastwww.archive.org/download/…/boingboingboing_1_64kb.mp3 .
    BB were almost the last people I’d expect to wrap up their audio in a Flash interface! Still, ‘View Source’ is a lot easier than having to use a Flash decompiler to extract the link.

    Maybe an OGG version will be available for the next in the series?

    Update: OK, they’ve now added the mp3 link to the post! Good on them!

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    Ulises Mejias on ‘Confinement, Education and the Control Society’ – fascinating commentary on Deleuze’s societies of control and how the instant communication and ‘life-long learning’ potential (and, I guess, everyware) of the internet age may facilitate control and repression:

    “This is the paradox of social media that has been bothering me lately: an ‘empowering’ media that provides increased opportunities for communication, education and online participation, but which at the same time further isolates individuals and aggregates them into masses —more prone to control, and by extension more prone to discipline.”


    Slashdot on ‘A working economy without DRM?’ – same debate as ever, but some very insightful comments


    Slashdot on ‘Explaining DRM to a less-experienced PC user’ – I particularly like SmallFurryCreature’s ‘Sugar cube’ analogy


    ‘The Promise of a Post-Copyright World’ by Karl Fogel – extremely clear analysis of the history of copyright and, especially, the way it has been presented to the public over the centuries


    (Via BoingBoing) The Entertrainer – a heart monitor-linked TV controller: your TV stays on with the volume at a usable level only while you keep exercising at the required rate. Similar concept to Gillian Swan’s Square-Eyes

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    A CD with its functionality destroyed using GHz-range radio frequencies

    Via Dave Farber’s Interesting People, a brief New Scientist article outlines Sony’s continuing obsession with restricting and controlling its customers (the last one didn’t go too well):

    “A patent filed by Sony last week suggests it may once again be considering preventing consumers making “too many” back-up copies of its CDs…

    Sony’s latest idea is to place a piece of monitoring hardware inside the CD. Its patent suggests embedding a radio-frequency ID chip that could be interrogated wirelessly by a PC or CD player. The chip would record the number of times the disc was copied and prevent further recordings once it reached the limit. The device could also be fitted to DVDs. Whether Sony will turn the patent idea into reality remains to be seen.”

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