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.

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:

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:

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.

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

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?

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

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.

“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

The news that tobacco companies have increased the levels of nicotine in their brands over the last few years – especially those popular with certain groups – made me think further about architectures of control:

“The amount of nicotine in most cigarettes rose an average of almost 10 percent from 1998 to 2004, with brands most popular with young people and minorities registering the biggest increases and highest nicotine content… the higher levels theoretically could make new smokers more easily addicted and make it harder for established smokers to quit.

…

Boxes of Doral lights, a low-tar brand made by R.J. Reynolds Tobacco Co., had the biggest increase in yield, 36 percent… The nicotine in Marlboro products, preferred by two-thirds of high school smokers, increased 12 percent. Kool lights increased 30 percent. Two-thirds of African American smokers use menthol brands.

…

“The reports are stunning,” said Matthew L. Myers, president of the Campaign for Tobacco-Free Kids. “What’s critical is the consistency of the increase, which leads to the conclusion that it has to have been conscious and deliberate.”"

The classification ‘architectures of control‘ ought rightly to include cigarettes alongside any other product designed to be addictive or to reinforce patterns of users’ behaviour. In this sense, any psychoactive drug intended to control/alter users’ behaviour must be considered part of the same phenomenon, certainly when it is created or administered with that specific intention. And of course, these are not just designed to be unpleasant, but designed to injure and endanger life (not until revenue’s been extracted, of course).

It may seem extreme or inappropriate to link, say, the razor-blade business model with drug addiction (just as it perhaps seemed extreme to put biscuit packaging alongside Henry Porter’s ‘Blair Laid Bare’), but there are definite parallels. A product is designed with a feature which intentionally locks customers into that product, through making it difficult to switch (for cost reasons, by ingraining habits, or by actual chemical or mental addiction). In the cases of, say, printer cartridges or razor blades, the original products (the printer or razor) require frequent refills/replacement parts. In the case of cigarette addiction, the initial use of the product (the cigarettes) modifies the behaviour of the host (the smoker) so that continued purchases of the products are required.

In fact, is this not a parasitic lock-in business model? How different is a product which deliberately causes addiction to, say, a piece of malware which takes over a user’s computer and installs unwanted software, or advertising pop-ups, or, say, phones home regularly and has the potential to hold the user’s data to ransom?

From the point of view of educating the wider public (including designers), the cigarette/drug addiction comparison is a good way of immediately highlighting the issue of ‘product rights management‘ as an architecture of control.*

(Washington Post link via A Blog Around the Clock and BoingBoing)

*Wish I’d thought of it at last Sunday’s Copyfighters’ event!

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.”

Of course this will require new CD players and CD-ROM drives with the ability to read, write to and act on the signal from the RFID chip – which means its impact may not be very significant.

It’s not clear whether the “permitted” copies have to be made onto “chipped” Sony-authorised discs (otherwise the technology seems rather pointless, as people will just make copies of the un-protected copies instead of repeated copies of the original) – if this is the case, then is this not just a sly “razor blade model” or “PRM” (in Ed Felten’s phrase) attempt to make Sony CD-writers require the purchase of Sony chipped blank CDs in order to copy music?

And would this break the Orange Book standard for CD-Rs?

At Freedom to Tinker, Ed Felten has posted a summary of a talk he gave at the Usenix Security Symposium, called “DRM Wars: The Next Generation”. The two installments so far (Part 1, Part 2) trace a possible trend in the (stated) intentions of DRM’s proponents, from it being largely promoted as a tool to help enforce copyright law (and defeat ‘illegal pirates’) to the current stirrings of DRM’s being explicitly acknowledged as a tool to facilitate discrimination and lock-in — and the apparent ‘benefits of this’:

“First, they argue that DRM enables price discrimination — business models that charge different customers different prices for a product — and that price discrimination benefits society, at least sometimes. Second, they argue that DRM helps platform developers lock in their customers, as Apple has done with its iPod/iTunes products, and that lock-in increases the incentive to develop platforms.

Interestingly, these new arguments have little or nothing to do with copyright. The maker of almost any product would like to price discriminate, or to lock customers in to its product. Accordingly, we can expect the debate over DRM policy to come unmoored from copyright, with people on both sides making arguments unrelated to copyright and its goals.”

As noted by some of the commenters, that unmooring also unmoors the DRM debate from being presented as an ‘honest content providers vs illegal pirating freeloaders’ one. Price-fixing, lock-ins and so on are difficult to defend, and I find it hard to think of convincing examples where “price discrimination benefits society” or “lock-in increases the incentive to develop platforms”. If customers are locked in to a platform, there is no incentive to innovate for the locker-in, and much higher barriers for competitors to draw them away. Path dependency is rarely good for companies, and rarely good for society, and lock-ins would seem to be a major contributor to path dependency. The argument that “Apple wouldn’t have developed the iPod (and the record companies wouldn’t have let Apple develop iTunes) if DRM didn’t exist to lock customers in” is specious: there were plenty of portable music players before they came on the scene, and surely most 40GB music iPods were always intended to be largely filled with music acquired from somewhere other than iTunes.

Ed goes on to talk about the trend “toward the use of DRM-like technologies on traditional physical products.” (Long-term followers – if any! – of my research might remember this is very similar to the phrase “Architectures of control: DRM in hardware” which Cory Doctorow used to link to my original web-page on the subject), and uses the example of printer cartridge lock-ins (see also here):

“A good example is the use of cryptographic lockout codes in computer printers and their toner cartridges. Printer manufacturers want to sell printers at a low price and compensate by charging more for toner cartridges. To do this, they want to stop consumers from buying cheap third-party toner cartridges. So some printer makers have their printers do a cryptographic handshake with a chip in their cartridges, and they lock out third-party cartridges by programming the printers not to operate with cartridges that can’t do the secret handshake.

Doing this requires having some minimal level of computing functionality in both devices (e.g., the printer and cartridge). Moore’s Law is driving the size and price of that functionality to zero, so it will become economical to put secret-handshake functions into more and more products. Just as traditional DRM operates by limiting and controlling interoperation (i.e., compatibility) between digital products, these technologies will limit and control interoperation between ordinary products. We can call this Property Rights Management, or PRM.”

Not too sure about that term myself, as I feel the affordances the technology is controlling are moving further and further away from actual ‘rights’. DRM is bad enough as a catch-all term for technology which in many cases is denying users rights they may legally hold in some countries (e.g. fair use or backup copies). I think “technology lock-ins” or “technology razor-blade models” might be a more descriptive label than ‘PRM’. (Or ‘architectures of control’, of course, but my definition of these is much broader than simply lock-ins).

Ed gives three examples of possible future extensions of technology lock-ins, none of which seem at all unlikely; in fact they’re all easily possible right now:

“(1) A pen may refuse to dispense ink unless it’s being used with licensed paper. The pen would handshake with the paper by short-range RFID or through physical contact.

(2) A shoe may refuse to provide some features, such as high-tech cushioning of the sole, unless used with licensed shoelaces. Again, this could be done by short-range RFID or physical contact.

(3) The scratchy side of a velcro connector may refuse to stick to the fuzzy size unless the fuzzy side is licensed. The scratchy side of velcro has little hooks to grab loops on the fuzzy side; the hooks may refuse to function unless the license is in order [hence my photo at the top of this post! - Dan] For example, Apple could put PRMed scratchy-velcro onto the iPod, in the hope of extracting license fees from companies that make fuzzy-velcro for the iPod to stick to.

Will these things actually happen? I can’t say for sure. I chose these examples to illustrate how far PRM might go. The examples will be feasible to implement, eventually. Whether PRM gets used in these particular markets depends on market conditions and business decisions by the vendors. What we can say, I think, is that as PRM becomes practical in more product areas, its use will widen and we’ll face policy decisions about how to treat it.”

The comments on both posts (Part 1 | Part 2) go into some extremely interesting discussion of the ideas and examples, with the ‘pen/licensed paper’ one being conclusively noted as ‘baked’ with Bill Higgins explaining the Anoto* technology.

(*And no, I don’t think the “www.anotofunctionality.com” of that link is deliberately in the same league as “www.powergenitalia.com,” “www.expertsexchange.com,” etc, but it’s still oddly apposite given the “no to functionality” with which so many lock-ins shed users when they’re fed up with paying over the odds for replacement parts.)

I look forward to the third part of Ed’s talk summary: this is a fascinating area of discussion which is central to much of the ‘architectures of control’ phenomenon.

“Many of us, who may find ourselves arguing based on public reasons for public policies that protect the freedom to tinker, also have a private reason to favor such policies. The private reason is that we ourselves care more about tinkering than the public at large does, and we would therefore be happier in a protected-tinkering world than the public at large would be.”

Many of the comments – and those on the follow-up post – look in more detail at the legal issues, with some very interesting analogies to freedom of expression and points made about the impact on innovation – which benefits everyone – when power users are prevented from innovating.

I felt I had to comment, since this is an issue central to the architectures of control research; here’s what I said:

“I think I’d ask the question, “Even if it becomes illegal to tinker with a device, what is there to to stop someone doing it?”

If it is purely the fear of getting caught, then tinkering will be stifled, to some extent. But power users will form groups just as they do now, and some tinkering will still go on. (If the tinkering is advanced enough, it will be too difficult for law enforcement to detect/understand it anyway).

At present much file-sharing activity is illegal, but it still goes on in vast quantities. The fear of getting caught is a major retardation to that activity, I’d suggest; there may also be an ethical component to the decision in many people’s minds. They’re told it’s analogous to stealing a CD from a store, and they believe or are persuaded, partially at least, by that. It seems immoral or unethical.

But does anyone seriously believe that tinkering with devices is unethical? (There are probably a few people who do, e.g. ZDNet’s Adrian Kingsley)

Tinkering with devices will never seem immoral or unethical to the vast majority of the public, hence the only barriers to stop them doing it are a) fear of getting caught and b) lack of knowledge or desire. Most people don’t bother tuning up their cars or tinkering with their computers, even though they could.

Power users do, and in a future where tinkering is illegal, it will again only be power users who do it, and fear of getting caught will be the only reason for not doing it.

So what about this fear of getting caught? How likely is it that one’s modifications or tinkering will be detected by some kind of enforcement agency? The only way I can see that this could be carried out in any kind of systematic way would be if observation/reporting devices were embedded in every product, e.g. every PC reporting home every few hours to squeal if it’s been modified.

But we already have that! Or at least we will soon, and therefore it seems irrelevant whether or not it becomes illegal to tinker with devices. If every computer is ‘trusted’ and spies and reports on its user’s behaviour, whether it reports to Microsoft or a Federal Anti-Tinkering Agency is, perhaps, beside the point.

Architectures to prevent or stifle tinkering can be designed into products and technologies whether or not there is a law requiring them. The user agrees to
have his/her behaviour and interactions monitored and controlled by the act of purchasing the device.

Even if the law went the other way, and there were a legally guaranteed right to tinker, all that would happen is that manufacturers will make it more difficult
to do so by the design of products. Hoods (bonnets) would start to be welded shut, in Cory Doctorow’s phrase, (the Audi A2 already has this, sort of), backed up by stringent warranty provisions. You might have a right to tinker with your device, but no law is going to compel the manufacturers to honour the warranty if you do so.

This, I think, is the crucial issue: the points Lessig makes about the designed structure of the internet, the code, superseding statute law as the dominant shaper of behaviour in the medium, apply just as strongly to technology hardware. Architectures of control in design will control users’ behaviour, however the laws themselves evolve.”

The Guardian has an interview with Richard Masters, of the British Library’s digital objects management programme looking at the impact of technology on archiving. The usual worries about file formats, media incompatability and how to select what to preserve and what not to are discussed, but:

“The biggest issue is digital rights management. At the moment, acting as an honest broker between the public interest and the individual rights holders is incredibly difficult. Much more so than with printed material that is physically deposited on your site. Many electronic property holders lease material and specifically prohibit copying for preservation purposes. The law, as it stands, is on their side. The rights holders are terrified – rightly so in my view – that once it’s in the public domain it can be copied any number of times illicitly without any redress.”

Masters makes the “rightly so in my view” comment, but doesn’t make the point that if the same attitude had been taken to preserving books in the first place (“we can’t put them in a public library, someone might copy them!”), there would be no public libraries and no British Library.*

As I see it, as a member of the public, if my tax money is going to be spent in any way upholding copyright, I want that benefit for rightsholders to come with a benefit for the public interest, i.e. that the rightsholders must permit copies to be made for the public interest, with no DRM or other technical restrictions in place.

* In the UK, as far as I know, it is an obligation for all publishers to send copies of anything they publish to the ‘legal deposit libraries’ (British Library, University of Cambridge, Bodleian, Aberystwyth, Edinburgh and Trinity College Dublin). I’ve done it; I don’t think I was permitted to send the books with the pages glued shut, so why should electronic media creators be allowed to submit DRM’d material?

Via Boing Boing, ‘Researchers develop prototype system to thwart unwanted video and still photography’, news from Georgia Tech of a system that scans and finds the CCDs of digital imaging equipment and shines bright light (or a laser) into them in order to flood them with light and prevent usable images being recorded.

“Commercial versions of the technology could be used to stymie unwanted use of video or still cameras. A Georgia Tech camera-neutralizing prototype could soon be used to stop movie piracy and other forms of unwanted digital-camera photography…

The prototype device, produced by a team in the Interactive and Intelligent Computing division of the Georgia Tech College of Computing (COC), uses off-the-shelf equipment — camera-mounted sensors, lighting equipment, a projector and a computer — to scan for, find and neutralize digital cameras. The system works by looking for the reflectivity and shape of the image-producing sensors used in digital cameras…

…the small-area product could prevent espionage photography in government buildings, industrial settings or trade shows. It could also be used in business settings — for instance, to stop amateur photography where shopping-mall-Santa pictures are being taken…

Once a scanning laser and photodetector located a video camera, the system would flash a thin beam of visible white light directly at the CCD. This beam – possibly a laser in a commercial version – would overwhelm the target camera with light, rendering recorded video unusable. Researchers say that energy levels used to neutralize cameras would be low enough to preclude any health risks to the operator.*”

Luckily for those of use who still value our freedom to use technology,

“Current camera-neutralizing technology may never work against single-lens-reflex cameras, which use a folding-mirror viewing system that effectively masks its CCD except when a photo is actually being taken. Moreover, anti-digital techniques don’t work on conventional film cameras because they have no image sensor.”

Regular readers of this blog will be able to guess how I feel about the prospect of the device described in the article, and indeed the moral motivation of the engineers and designers working on it.

This technology is designed expressly to remove the rights of the public by imposing arbitrary control architectures on public space. If something is being publicly displayed, I believe I should be free to photograph it, whether that be with a film camera, a digital camera, or eidetic memory.

Just because someone wants to prevent amateur photographers (read: everyday members of the public) getting a snapshot of their kids with Santa in a shopping mall, in order to sell them an overpriced ‘official’ photo, it doesn’t mean they should be allowed to do so. If it is permissible to operate a device in public which interferes with the operation of lawful imaging equipment, then presumably it will be permissible for a member of the public to shine lasers into the cameras used in the detection system?**

I really cannot mask my distaste for this device, and for the mindset that has created and funded it. It is the thin end of a wedge which has the potential to destroy so many of the freedoms technology has brought us. If I’m wrong, please let me know, but just think for a minute: what might a couple of the consequences be, ultimately, if this kind of technology becomes widespread?

Overall, the distasteful corollary following from widespread use and legitimisation of this kind of device is, simply, the death of amateur photography, as both a recreation and an artform. When arbitrary bodies can extract rent from me for photographing whatever they decide, I’m not going to bother recording the world around me any more, and neither will hundreds of millions of others. The next generation of kids will grow up not knowing the right to photograph what you want, just as the next generation of kids may well believe that music has to be bought over and over again for every device you want to play it on.

It is this embedding of arbitrary controls in the architecture of our society, working outside the law to enforce ‘rights’ with little legal basis, and intentions which are in no way in the public interest, which scares me a great deal.

Norms can be changed by technology without any law needing to change. We need to keep an eye on that, and the eye had better be wearing protective goggles.

*Wouldn’t it be awful if, say, I took a whole load of CCDs with sticky pads on the back into a cinema and scattered them all over the place? I can’t believe the system can dazzle 100 cameras at once. Or if I just happened to be wearing retroreflective sunglasses with similar characteristics to the CCD, and after being “almost blinded” by the device shining into my eyes (not really, of course), was able to make damn sure the device could never be used anywhere again?

**Oooh, what about all those CCTV cameras that film me everyday? Am I allowed to shine a laser into them? What if I live across the street from one? Can I train a laser on it permanently?

EDIT: There are some parallels here with the ‘analogue hole prevention’ mechanisms I looked at in Architectures of control in the digital environment, most notably Hewlett-Packard’s patented ‘paparazzi-proof’ camera-phone image inhibitor system.

EDIT (20.vi): The BBC has now picked up on the story – http://news.bbc.co.uk/1/hi/technology/5097774.stm – no new details but – oh look! – the claim about potential use to stop amateur photographers of shopping-mall-Santas has been left out. The story focuses on the uses to stop ‘pirates’ in cinemas, and not the potential uses ‘in the wild’. Remember, when presenting a potentially distasteful idea as something positive, leave out the bits that relate to everyday life. Make it seem as if you’re only targeting extremes, and then gradually shift the boundaries of what’s ‘extreme’. Martin Niemöller taught us that pretty well.

The BBC is reporting that the All Party Internet Group (APIG), a cross-party group of MPs, has made some intelligent – and interesting – recommendations about explaining DRM more fully to consumers:

“The MPs’ report made several recommendations and called on the Office of Fair Trading hasten the introduction of labelling regulations that would let people know what they can do with music and movies they buy online or offline.

This would ensure that it was “crystal clear” to consumers what freedom they have to use the content they are purchasing and what would happen if they do something outlawed by the protection system.

The same labelling systems would also spell out what happened in the event of a maker of DRM technology going bust, if a protection system became obsolete or if gadgets to play the content are replaced.

…

The report also called for the makers of DRM systems to be made aware of the consequences of using aggressive copy protection systems [e.g. the Sony-BMG nightmare].”

I wonder what the proposed labelling system will entail? Will it be very simple, or will it need to spell out to consumers the rights the law gives them in order to them point out how this particular DRM’d CD or download is restricting them?

In short, do we need a programme of educating consumers about their rights before a labelling system will be useful?

The Open Rights Group‘s Suw Charman is quoted in the BBC story:

“”The technologies are extending beyond the law they are supposed to uphold.”

…

She said that DRM was less about protecting copyright and more about creating a system in which people rent rather than own the media they spend money on.

“We think people rightly feel that once they buy something, it stays bought,” she said.”

APIG’s group secretary is the Earl of Erroll, an insightful quote of whose I blogged about a few months ago. It’s worth repeating in this context, as APIG’s work here goes some way to remedying the problem he highlights:

“If no members of either house know anything about IT, then bureaucrats will take control of our lives, or pretend they can do things they can’t.”

Hopefully APIG can continue their work in educating politicians, as well as the public, about the implications of restrictive technology.

*Not owning any DRM’d music, I used a recent CD purchase, the excellent Great Days of Sail (now Yo Zushi) album, for the mockup image. An alternative style of label might be those distributed by Downhill Battle and RIAA Radar:

Image from Downhill Battle.

“So there’s me driving up to Homebase… and I get to within half a mile of the store and my car starts to slow down.

Before I know it, I’m doing five miles an hour. What’s more, half the other cars around me are doing the same. But the cars on the other side of the road are all fine. So I turn round and head home and suddenly it’s all back to normal. “What on earth is going on?” as our man Paxman would say.

“It’s simple” said the grease monkey at my local garage. “The people who made your car have done a deal with B&Q. They’ve fixed it so that if you ever drive towards Homebase, you’ll start going at 5 miles an hour.”

Network neutrality

Alert readers among you might observe that I’m talking rubbish, and, despite this being the BBC, I must admit I made the whole incident up. But imagine if such a thing were possible. How happy would you be if you were on the receiving end? Which brings us to the principle of network neutrality.”

The article goes on to describe a new Cachelogic BitTorrent system to allow faster downloads of material approved (& controlled) by media companies:

“Cachelogic are offering a series of data stores strategically placed around the Internet which the new BitTorrent system talks to. Whenever they see a commercially approved BitTorrent, they make a copy of the data.

The next time someone on the Internet requests that [sic] data, it comes not from the original sender but from the Cachelogic store, only this time massively accelerated.

You can see where this is going. The companies who subscribe to the service will see their data race down the toll roads much faster than everyone else’s can travel. What then for network neutrality?

We asked Bram about network neutrality… Does the Cachelogic proposal violate network neutrality? “Depending on how you define net neutrality that violates some definitions of it,” says Cohen.”

Without knowing more about the system I’m not sure what my reaction should be, since this is not quite the same as an actual ‘two-tier internet’, merely (perhaps) the equivalent of putting in faster servers for particular material. It is, then, changing the architecture of the system, but not in a way that forces users to behave in a particular manner.

You can bet, however, that the material that is distributed via the system will be heavily DRM’d and restricted, possibly requiring a new download (+ fee) each time. If that means a massive increase in network traffic, and that slows down the connections of users who aren’t participating in the service, then, yes, it is an architecture of control. It’s making it easier/less hassle just to go with the flow and learn to love big brother, since that’s the only way you can get fast downloads.

Any thoughts?