Congress shall pass no law limiting the rights of persons to manipulate, operate, or otherwise utilize as they see fit any of their possessions or effects, nor the sale or trade of tools to be used for such purposes.

From Artraze commenting on this Slashdot story about the levels of DRM in Windows 7.

I think it maybe needs some qualification about not using your things to cause harm to other people, but it’s an interesting idea. See also Mister Jalopy’s Maker’s Bill of Rights from Make magazine a couple of years ago.

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.

New search engine Cuil has an interesting privacy policy (those links might not work right now due to the load). They’re apparently not going to track individual users’ searches at all, which, in comparison to Google’s behaviour, is quite a difference. As TechCrunch puts it:

User IP addresses are not recorded to their servers, they say, and cookies are not used to associate a computer with queries. The data is simply dumped as it is created. That means user data cannot be turned over to others, whether its via blind stupidity or lawsuits.

This strategy’s similar to an issue Scott Craver discussed a couple of years ago as part of his ‘privacy ceiling’ concept (I covered it a bit here at the time): effectively, whatever information you collect could become a liability for you at some point, so if you don’t need it, design the system so it simply doesn’t collect it in the first place.

But I digress. A lot of the fascination comes from seeing a different way to explain a concept to someone else: a structured, alternative form of learning or understanding a problem, which is, somehow, immensely satisfying. There’s always the glint of a possibility that if we could find different ways to explain difficult or complex subjects, more people might be able to understand and appreciate them.

Sarah Burwood, a graduating Industrial Design student showing her work at Made in Brunel this week, has created Tumble Sums, a ‘Child’s Mechanical Visual Calculator’:

Helping children understand fundamental mathematical principles, Tumble Sums is a calculating tool which visually shows a child how an answer is being reached. Calculations are solved in a physical way, based solely on mechanical operations. Tumble Sums focuses on an understanding of the way children think, their mathematical understanding and the psychology behind these aspects.

It looks to be beautifully machined from acrylic sections, and that height alone makes it extremely imposing. Imagine one of these at the back of every primary-school classroom!

This concept of making hidden processes visible in order to aid the construction of the user’s mental models is something that will, I think, be an important component of lots of more advanced interfaces in the years ahead, particularly in areas where, fundamentally, we’re bad at understanding the consequences of our actions (environment, health, finances). It’s maybe allied to constructionism, though by no means the same idea.

*Incidentally, the morning I first turned up at Brunel again as a PhD student, I sat in the wonderful garden John Crank had created, reading Vance Packard’s The Waste Makers, waiting for the doors to the building to be unlocked.

Mac as a giant dongle

At Coding Horror, Jeff Atwood makes an interesting point about Apple’s lock-in business model:

It’s almost first party only– about as close as you can get to a console platform and still call yourself a computer… when you buy a new Mac, you’re buying a giant hardware dongle that allows you to run OS X software.
…
There’s nothing harder to copy than an entire MacBook. When the dongle — or, if you prefer, the “Apple Mac” — is present, OS X and Apple software runs. It’s a remarkably pretty, well-designed machine, to be sure. But let’s not kid ourselves: it’s also one hell of a dongle.

If the above sounds disapproving in tone, perhaps it is. There’s something distasteful to me about dongles, no matter how cool they may be.

Of course, as with other dongles, there are plenty of people who’ve got round the Mac hardware ‘dongle’ requirement. Is it true to say (à la John Gilmore) that technical people interpret lock-ins (/other constraints) as damage and route around them?

Social status-based DRM

The BBC has a story about the Mukurtu Wumpurrarni-kari Archive, a digital photo archive developed by/for the Warumungu community in Australia’s Northern Territory. Because of cultural constraints, social status, gender and community background have been used to determine whether or not users can search for and view certain images:

It asks every person who logs in for their name, age, sex and standing within their community. This information then restricts what they can search for in the archive, offering a new take on DRM.
…
For example, men cannot view women’s rituals, and people from one community cannot view material from another without first seeking permission. Meanwhile images of the deceased cannot be viewed by their families.

It’s not completely clear whether it’s intended to help users perform self-censorship (i.e. they ‘know’ they ‘shouldn’t’ look at certain images, and the restrictions are helping them achieve that) or whether it’s intended to stop users seeing things they ‘shouldn’t', even if they want to. I think it’s probably the former, since there’s nothing to stop someone putting in false details (but that does assume that the idea of putting in false details would be obvious to someone not experienced with computer login procedures; it may not).

While from my western point of view, this kind of social status-based discrimination DRM seems complete anathema – an entirely arbitrary restriction on knowledge dissemination – I can see that it offers something aside from our common understanding of censorship, and if that’s ‘appropriate’ in this context, then I guess it’s up to them. It’s certainly interesting.

Neverthless, imagining for a moment that there were a Warumungu community living in the EU, would DRM (or any other kind of access restriction) based on a) gender or b) social status not be illegal under European Human Rights legislation?

Disabling buttons

From Clientcopia:

Client: We don’t want the visitor to leave our site. Please leave the navigation buttons, but remove the links so that they don’t go anywhere if you click them.

It’s funny because the suggestion is such a crude way of implementing it, but it’s not actually that unlikely – a 2005 patent by Brian Shuster details a “program [that] interacts with the browser software to modify or control one or more of the browser functions, such that the user computer is further directed to a predesignated site or page… instead of accessing the site or page typically associated with the selected browser function” – and we’ve looked before at websites deliberately designed to break in certain browers and disabling right-click menus for arbitrary purposes.

Interesting to see the BBC’s summary of the current iPhone update story: “Apple issues an update which damages iPhones that have been hacked by users”. I’m not sure that’s quite how Apple’s PR people would have put it, but it’s interesting to see that whoever writes those little summaries for the BBC website found it easiest to sum up the story in this way. This is being portrayed as Apple deliberately, strategically damaging the phones, rather than an update unintentionally causing problems with unlocked or modified phones.

Regardless of what the specific issue is here, and whether unmodified iPhones have also lost functionality because of some problem with the update, can’t we just strip out all this nonsense? How many people who wanted an iPhone also wanted to be locked in to AT&T or whatever the local carrier will be in each market? Anyone? Who wants to be locked in to anything? What a waste of technical effort, sweat and customer goodwill: it’s utterly pathetic.

This is exactly what Fred Reichheld‘s ‘Bad profits’ idea calls out so neatly:

Whenever a customer feels misled, mistreated, ignored, or coerced, then profits from that customer are bad. Bad profits come from unfair or misleading pricing. Bad profits arise when companies save money by delivering a lousy customer experience. Bad profits are about extracting value from customers, not creating value.

…

If bad profits are earned at the expense of customers, good profits are earned with customers’ enthusiastic cooperation. A company earns good profits when it so delights its customers that they willingly come back for more—and not only that, they tell their friends and colleagues to do business with the company.

…

What is the question that can tell good profits from bad? Simplicity itself: How likely is it that you would recommend this company to a friend or colleague?

If your iPhone’s just turned into the most stylish paperweight in the office, are you likely to recommend it to a colleague?

More to the point, if Apple had moved – in the first place – into offering telecom services to go with the hardware, with high levels of user experience and a transparent pricing system, how many iPhone users and Mac evangelists wouldn’t have at least considered changing?

Last month, an Apple patent application was published describing a method of “Protecting electronic devices from extended unauthorized use” – effectively a ‘charging rights management’ system.

New Scientist and OhGizmo have stories explaining the system; while the stated intention is to make stolen devices less useful/valuable (by preventing a thief charging them with unauthorised chargers), readers’ comments on both stories are as cynical as one would expect: depending on how the system is implemented, it could also prevent the owner of a device from buying a non-Apple-authorised replacement (or spare) charger, or from borrowing a friend’s charger, and in this sense it could simply be another way of creating a proprietary lock-in, another way to ‘charge’ the customer, as it were.

It also looks as though it would play havoc with clever homebrew charging systems such as Limor Fried‘s Minty Boost (incidentally the subject of a recent airline security débâcle) and similar commercial alternatives such as Mayhem‘s Anycharge, although these are already defeated by a few devices which require special drivers to allow charging.

Reading Apple’s patent application, what is claimed is fairly broad with regard to the criteria for deciding whether or not re-charging should be allowed – in addition to charger-identification-based methods (i.e. the device queries the charger for a unique ID, or the charger provides it, perhaps modulated with the charging waveform) there are methods involving authentication based on a code provided to the original purchaser (when you plug in a charger the device has never ‘seen’ before, it asks you for a security code to prove that you are a legitimate user), remote disabling via connection to a server, or even geographically-based disabling (using GPS: if the device goes outside of a certain area, the charging function will be disabled).

All in all, this seems an odd patent. Apple’s (patent attorneys’) rather hyperbolic statement (Description, 0018) that:

These devices (e.g., portable electronic devices, mechanical toys) are generally valuable and/or may contain valuable data. Unfortunately, theft of more popular electronic devices such as the Apple iPod music-player has become a serious problem. In a few reported cases, owners of the Apple iPod themselves have been seriously injured or even murdered.

…is no doubt true to some extent, but if the desire is really to make a stolen iPod worthless, then I would have expected Apple to lock each device in total to a single user – not even allowing it to be powered up without authentication. Just applying the authentication to the charging method seems rather arbitrary. (It’s also interesting to see the description of “valuable data”: surely in the case that Apple is aware that a device has been stolen, it could provide the legitimate owner of the device with all his or her iTunes music again, since the marginal copying cost is zero. And if the stolen device no longer functions, the RIAA need not panic about ‘unauthorised’ copies existing! But I doubt that’s even entered into any of the thinking around this.)

Whether or not the motives of discouraging theft are honourable or worthwhile, there is the potential for this sort of measure to cause signficant inconvenience and frustration for users (and second-hand buyers, for example – if the device doesn’t come with the original charger or the authentication code) along with incurring extra costs, for little real ‘theft deterrent’ benefit. How long before the ‘security’ system is cracked? A couple of months after the device is released? At that point it will be worth stealing new iPods again.

(Many thanks to Michael O’Donnell of PDD for letting me know about this!)

Previously on the blog: Friend or foe? Battery authentication ICs

UPDATE: Freedom to Tinker has now picked up this story too, with some interesting commentary.

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.

L.J.K. Setright, the late motoring writer and commentator, self-taught mechanical engineer and all-round Renaissance Man, once wrote:

Fashion is a terrible fetter; convention, since it lasts longer, is even worse.

This was in an issue of Car, when it was still any good.

Setright wrote it in reference to car design, and the lack of progress thereof, but I think we can all see how applicable it is to many fields of endeavour, not just in technology but in society also. We should be very wary when fashions become conventions – or at least we should think them through before they become norms. And we should always leave ourselves a way out. (I’ve mentioned this in a few contexts before, perhaps with a little hyperbole.)

What almost became a norm – DRM’d music – is now apparently on the way out. DRM was a fashion, not a convention: still a fetter, but one which can ultimately be shaken off, as it should be.

The great thing about fashions, of course, is that they can be talked into existence, and talked out of existence too. Fashions are not architecture.

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?

A clever comment on incompatible (and DRM’d) formats by eboy’s flunters. (Via rss.euge.de)

First, an apology for anyone who’s had problems with the RSS/Atom feeds over the last month or so. I think they’re fixed now (certainly Bloglines has started picking them up again) but please let me know if you don’t read this. Oops, that won’t work… anyway:

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

Still, I can rest easy in my bed tonight knowing that those vicious pirates will be facing a tough legal crackdown to stop them copying data. Apparently, it’s also possible to legislate that pi=3.

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!

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

“This is an economic limit on privacy violation by companies, owing to the liability of having too much information about (or control over) users.”

It’s the “control over users” that immediately makes this something especially relevant for designers and technologists to consider: that control is designed, consciously, into products and systems, but how much thought is given to the extremes of how it might be exercised, especially in conjunction with the wealth of information that is gathered on users?

“Liability can come from various sources… [including]

Vicarious infringement liability.

Imagine: you write a music player (like iTunes) that can check the Internet when I place a CD in my computer. You decide to collect this data for market research. Now the RIAA discovers that this data can also identify unauthorized copies. Can they compel you to hand over data on user listening habits?

Your company is liable for vicarious infringement if (1) infringement happens, (2) you benefit from it, and (3) you had the power to do something about it—which I assume includes reporting the infringement. So now you are possibly liable because you have damning information about your users. This also applies to DRM technologies that let you restrict users.

Note that you can’t solve this problem simply by adopting a policy of only keeping the data for 1 month, or being gentle and consumer-friendly with your DRM. The fact is, you have the architecture for monitoring and/or control, and you may not get to choose how you use it.

Other sources of liability described include: being drawn into criminal investigations based on certain data which a company or other organisation may have – or be compelled to obtain – on its users; customers suing in relation to the leaking of supposedly private data (as in the AOL débâcle); and “random incompetence”, e.g. an employee accidentally releasing data or arbitrarily exercising some designed-in control with undesirable consequences.

Scott goes on:

“Okay, so there is a penalty to having too much knowledge or too much control over customers. What should companies do to stay beneath this ceiling?

1. Design an architecture for your business/software that naturally prevents this problem.

It is much easier for someone to compel you to violate users’ privacy if it’s just a matter of using capabilities you already have. Mind, you have to convince a judge, not a software engineer, that adding monitoring or control is difficult. But you have a better shot in court if you must drastically alter your product in order to give in to demands.

…

2. Assume you will monitor and control to the full extent of your architecture. In fact, don’t just assume this, but go to the trouble to monitor or control your users.

Why? Because in an infringement lawsuit you don’t want to appear to be acting in bad faith… if you have the ability to monitor users and refuse to use it, you’re giving ammunition to a copyright holder who accuses you of inducement and complicity.

…

But … the real message is that you should go back to design principle 1. If you want to protect users, think about the architecture; don’t just assume you can take a principled stand not to abuse your own power.

The third principle is really a restatement of the first two, but deserves restating:

3. Do not attempt to strike a balance.

Do not bother to design a system or business model that balances user privacy with copyright holder demands. All this does is insert an architecture of monitoring or control, for later abuse. In other words, design an architecture for privacy alone. Anything you put in there, under rule #2, will one day be used to its full extent.

I have seen many many papers over the years, in watermarking tracks, proposing an end-to-end media distribution system balancing DRM with privacy. Usually, the approach is that watermarks are embedded in music/movies/images by a trusted third party, the marks are kept secret from the copyright holder, and personal information is revealed only under specific circumstances in which infringement is clear. This idea is basically BS. Your trusted third party does not have the legal authority to decide when to reveal information. What will likely happen instead: if a copyright holder feels infringement is happening, the trusted third party will be liable for vicarious infringement.“

Summing it up: any capability you design into a product or system will be used at some point – even if you are forced to use it against the best interests of your business. So it is better to design deliberately to avoid being drawn into this: design systems not to have the ability to monitor or control users, and that will keep you much safer from liability issues.

The privacy ceiling concept – which Scott is going to present in a paper along with Lorrie Cranor and Janice Tsai at the ACM DRM 2006 workshop – really does seem to have a significant implications for many of the architectures of control examples I’ve looked at on this site.

For example, the Car Insurance Black Boxes mostly record mileage and time data to allow insurance to be charged according to risk factors that interest the insurance company; but the boxes clearly also record speed, and whether that information would be released to, say, law enforcement authorities, if requested, is an immediate issue of interest/concern.

Looking further, though, the patent covering the box used by a major insurer mentions an enormous number of possible types of data that could be monitored and reported by the device, including exact position, weights of occupants, driving styles, use of brakes, what radio station is tuned in, and so on. Whether any insurance company would ever implement them, of course, is another question, and it would require a lot tighter integration into a vehicle’s systems; nevertheless, as Scott makes clear, whatever possibilities are designed into the architecture, will be exploited at some point, whether through pressure (external or internal) or incompetence.

I look forward to reading the full paper when it is available.

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.