All posts filed under “Copyfight

Freudian slip in BBC iTunes story

Apple has repeatedly made clear that it is in this business to make money, and would most likely not continue to operate iTS if it were no longer possible to do so profitably, said Mr Cue. The National Music Publishers' Association has asked for the royalty rake increase and has said it believes everyone will benefit because the digital music market is growing. I think we established a case for an increase in the royalties, said David Israelite, president of the NMPA. Apple may want to sell songs cheaply to sell iPods. We don't make a penny on the sale of an iPod

From this BBC story, as of 6.43 pm.

P.S. I love the way it’s claimed “everyone will benefit” from the royalty rise. As a consumer, I can’t wait to be paying more! Perhaps a price increase will help limit the consumption of this precious rivalrous good… oh, wait…

P.P.S. Not the first time a BBC story about Apple’s had truer-than-they-perhaps-meant phrasing.

The right to click

English Heritage, officially the Historic Buildings and Monuments Commission for England, and funded by the taxpayer and by visitors to some of its properties, does a great deal of very good work in widening public appreciation of, and engagement with, history and the country’s heritage.

But its ViewFinder image gallery website* sadly falls into the trap of trying to restrict public engagement rather than make it easy. Yes, someone specified the old ‘right click disabled‘ policy:

English Heritage Viewfinder: right-click disabled
Screenshots of this page, launched from this page.

Now, the image in question – here’s a direct link – which happens to be an engraving of the former Datchet bridge**, in 1840 according to this page (with a colour image) is, even taking English Heritage’s “1860-1922” suggested date range, surely out of copyright, so presumably there cannot be any ‘legal’ question over ‘letting’ people save a copy (which is easiest to do by right-clicking on the most common operating systems and browsers). Using Javascript to remove the browser toolbars and menus also hides the ability to print the image for most users, presumably also deliberately.

Yes, of course, many (most?) readers of this post will know how to get around the no-right-click architecture of control, but you’re reading a technology blog; think of whom the site is presumably aimed at. It is supposed to be a resource to encourage public engagement with history and heritage. Most users will be computer-literate enough to know how to search and probably familiar with right-clicking, but not to mess round with selectively disabling Javascript. Why should they have to? Incidentally, if you do disable Javascript entirely, you can’t even view an enlarged image at all:

English Heritage Viewfinder

What actual use to the public, other than for momentary on-screen interest, is a photo archive website where nothing can be ‘done’ with the images? What is a child doing a local history project supposed to do? Order a print at £18.80 for each photo and then scan it in? Does English Heritage really think that the ability for someone to save or print or e-mail a low-resolution 72 dpi image is going to devalue or compete with the organisation in some way?

It’s ridiculous: such a short-sighted, narrow-mindset policy removes a significant proportion of the usefulness of the site. I don’t know whether the site developer did this with or without English Heritage’s instruction or cognizance (and it was in 2002, so perhaps different thinking would apply today), but it seems that no-one bothered to think through what an actual user might want to get from interacting with the site.

In fact, regardless of the fact that this particular image (as with many others on the site) is in the public domain, even the images which are still under copyright (or “© English Heritage.NMR” as the site puts it, NMR being the National Monuments Record) should, of course, be freely downloadable, printable, and do-whatever-you-want-able. Their acquisition, preservation and cataloguing were paid for by the public, and they should all be available as widely, and easily, as possible. As it is, I would call the website a waste of public money, since it does not appear to offer what most intended users would expect and need.

Still, at least the site’s not one giant bundle of Flash. That would make it marginally more hassle to extract the images.

*Partially funded by the Big Lottery Fund, and thus not entirely directly taxpayer-funded, unless one regards the National Lottery as an extra tax on the hopeful and desperate, which some commentators would.
**Almost exactly the spot where I’ve been testing a prototype radio-controlled toy for a client this very afternoon, in fact, though the bridge is long gone.

No photography allowed

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?

Digital control round-up

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.
  • Uninnovate – engineering products to do less

    Uninnovate.com
    Image from uninnovate.com

    I’ve just come across a very interesting new blog, uninnovate.com, which focuses on the phenomenon of “engineering expensive features into a product for which there is no market demand in order to make the product do less.” The first few posts tackle ‘Three legends of uninnovation‘ (the iPod’s copy restrictions, Sony’s mp3-less Walkman, and Verizon’s rent-seeking on Bluetooth features), Microsoft’s priorities (patching DRM flaws vs. security flaws that actually damage users), Amazon’s absurd new Unbox ‘service’ and ‘Trusted’ computing for mobile phones. The perspective is refreshingly clear: no customer woke up wanting these ‘features’, yet companies direct vast efforts towards developing them.

    In a sense the ‘uninnovation’ concept is a similar idea to a large proportion of the architectures of control in products I’ve been examining on this site over the last year, especially DRM and DRM-related lock-ins, though with a slightly different emphasis: I’ve chosen to look at it all from a ‘control’ point of view (features are being designed in – or out – with the express intention of manipulating and restricting users’ behaviour, usually for commercial ends, but also political or social).

    Uninnovate looks to be a great blog to watch – not sure who’s behind it, but the analysis is spot-on and the examples lucidly explained.

    Some links: miscellaneous, pertinent to architectures of control

    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