Kinder DRM Still Undermines Digital Abundance

We live in an era of digital abundance, an era where we can genuinely rethink the underlying economics of information creation and dissemination as the cost of creation, storage, and dissemination infrastructures approach zero. Against fears that this threatens to ‘undermine’ content production we see the rise in the quantity of content that is produced and, correspondingly, a rise in novel approaches to profit from the generation of that content in an abundant bitscape. We should resist efforts to undermine abundance through Digital Rights Management protocols.

As reported by Ars Technica, the IEEE is developing a novel kind of DRM that would see ‘content’ folders encrypted and only accessible after individuals used decryption keys to access that content. For rights holders and some content producers, this is seen as having the merit of securing their ‘goods’ by attempting the replicate the scarcity of atoms in the bitscape. Consumers would ‘benefit’ because they would not longer have to deal with onerous licensing terms: they would own the keys and the keys would have value because of their capacity to ‘open’ content streams. Of course, this would also introduce the pain in the ass of key management, something that few consumers are likely to want to suffer through any more than the already existing consumer ‘protection’ measures they regularly encounter.

The IEEE’s motivations behind this DRM system are to remedy problems caused by non-rivalrous digital content. Paul Sweazey has stated that;

…a truly non-rivalrous system makes commerce too difficult, even impossible, and that we need to create ways for the digital world to mirror the constraints of the physical one.

The creation of this rivalrous system is seen as a ‘middle road’ between advocates of abundance and total DRM lockdown. I would suggest that what we’re really seeing is just another attempt to undermine (arguably) the most significant quality of the bitscape, which is the capacity to replicate information across networks spanning the globe without diminishing the ‘holdings’ of whomever held the original copy. Moreover, it demonstrates a continued unwillingness and/or inability to experiment with novel business models that, while perhaps reducing overall revenue compared to past years/decades, will enable companies to continue delivering profits in the long-term. Value continues to be perceived as existing in the sales of digital things, and instead of seeking out novel ways to extract derivative value from their ubiquitous existence resulting from widespread copying there is an attempt to totally monetize all copies. This is in defiance of demonstrably successful freemium strategies, as well as other related schemes that work to gain widespread brand awareness and capitalize off the sale of rivalrous goods to a small percentage of users. 

I have incredible doubts that any key system will remain secure over the long-haul (and, by long-haul, I mean just 10-20 days of the system being deployed). There are just too many parties that will do everything in their power to break the encryption and key management system, and history has proven that the attackers tend to far outstrip the defenders in the field of content protection algorithms. Central is that technological security systems tend to be incredibly brittle, fail poorly, and enable modes of attack that relatively ineffective against human-based security. Schneier, in his 2006 book Beyond Fear, notes that;

Technology gives attackers leverage because they can do more in an attack. Class breaks give attackers leverage because they can exploit one vulnerability to attack every system within a class. Automation gives attackers leverage because they can exploit vulnerabilities a million times.. Technique propagation gives attackers leverage because now they can try more attacks, including ones they can’t even understand. Action at a distance and aggregation also give attackers leverage because now there are many more potential targets (p. 99).

A DRM scheme that aims to use encryption keys to establish digital bits as rivalrous will fall prey to each of the items noted in that quotation.

Making customers screw around with encryption keys, have adequate key management systems, always requiring connections to the ‘net to access keys, or any other ways that engineers imagine customers dealing with key management is almost destined to fail. Engineers are, in this case, trying to stuff the genie back in a bottle instead of working with progressive MBAs and innovators who are trying to create (and often, though certainly not always, succeeding) novel business models that leverage add-on services, scarce extras, and other things that are genuinely exclusive to monetize digital distribution systems. Focusing on protection, in this case, is the dead wrong way to to and highly unlikely to do much other than waste a lot of people’s time that could otherwise be productively exercised.

Why Mash-up Matters

livemashupdj[Note: this is an early draft of the first section of a paper I’m working on, presently loosely titled “Mash-up Meets Deep Packet Inspection: Culture, solutions, and the demand for transparency”. Other sections will follow as I draft them. I’ve adopted this format based on positive reactions to my similar drafting process last year on ‘Who Gives a Tweet About Privacy?‘ Comments welcome. I’ve excluded full bibliographic information, but retained enough that you can find my sources. Text has been copied and pasted from a word processing document; this may result in some links being broken *cough* footnotes links *cough*]

I’m composing the beginning of this article to the sounds of Girl Talk’s ‘Like This’ from his Feed the Animals album. His artistic technique is to take very short samples from a variety of artists – twenty-nine samples are taken in the three minutes and twenty-one seconds of ‘Like This’ – and remix the work to create entirely new songs.[i] He isn’t a DJ but a self-described musician of the digital era, and when his work was presented to Marybeth Peters of the US Registrar of Copyrights she recognized that his music was amazing. She also recognized it was likely illegal, and the fact that his own creativity clearly imbued his creations offered no defense against copyright infringement: “You can’t argue your creativity when it’s based on other people’s stuff.”[ii] This position is mirrored by Barry Slotnick, head of the intellectual property litigation group at Loeb & Loeb, who has stated that “[w]hat you can’t do is substitute someone else’s creativity for your own.”[iii] Girl Talk’s work is recognized as amazing and creative, even by defenders and advocates of the present copyright regime, but is still questionably legal (at best). Feed the Animals is a popular album that pulls together anthems of pop culture, and its artist has been used as a defender of copyright reform movements,[iv] but it is only one item in a rapidly developing and emerging ‘mash-up’ culture that draws together existing cultural artifacts to in the creation of a recombinant digital culture.

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Crown, Copyright, and the CRTC

I’m in the middle of a large project (for one person), and as part of it I wanted to host some CRTC documents on the project’s web server to link into. You see, if you’ve ever been involved in one of the CRTC’s public notices you’ll know that there are literal deluges of documents, many of which are zipped together. For the purposes of disseminating documents over email this works well – it puts all of the documents from say, Bell, into a single zipped file – but makes a user-unfriendly structure of linking to: expecting casual reader to link to zip archives is unreasonable. Given that as part of this project I do want to facilitate ease of access to resources it’s important that users can link to the documents themselves, and not zip archives.

While I pay attention to copyright developments in Canada and abroad, and have strong stances on how academics and the Canadian government should licence their publications, I’m not a lawyer. I do, however, know that government documents in Canada are governed by Crown Copyright – unlike in the US, the Canadian government maintains copyright over its publications – and thus I wanted to check with the CRTC if there were any problems hosting documents from their site, including those presumably under a Crown copyright such as the CRTC’s decision.

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Will Copyright Kill eHealth?

bodyworldsThere is a metric ton of cash that’s being poured into eHealth initiatives, and to date it doesn’t appear that governments are recognizing the relationship between copyright law and eHealth. That makes a lot of sense in some ways – when most of us think ‘medicine’ and ‘doctor’ we think about privacy as one of, if not the, key issues (while, other than hopefully curing whatever is making us ill!). In this light, we wonder about the security of databases, the willingness of healthcare providers to limit access to records, and so forth. People in Canada are worried enough about privacy that, on the Ontario Government’s eHealth Ontario site, ‘Privacy and Security‘ are front and center as a main link on their homepage. When we turn to British Columbia’s October 23, 2009 Heath Sector Information Management/Information Technology Strategy and search for ‘privacy’ we see that the term appears on 18 of the report’s 55 pages. Moving over to the Ontario Information and Privacy Commissioner’s May 2, 2006 presentation on health information and electronic health records we, again, see emphases on the privacy and security concerns that must be posed alongside any movement to massively digitize the healthcare infrastructure.

What we see less of in the eHealth debate are the prevalent dangers accompanying threats to cut citizens off of the ‘net as a consequence of copyright infringement. It’s this issue that I want to briefly dwell on today, in part to start ramping up some thoughts on the wide-ranging effects of three-strikes laws that are starting to be adopted and/or seriously discussed in various jurisdictions around the world.

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Update to Virgin Media and Copyright DPI

virginmedialogoRecently, I’ve heard back from Detica about CView and wanted to share the information that Detica has been provided. CView is the copyright detection Deep Packet Inspection (DPI) appliance that Virgin Media will be trialling, and is intended to measure the amount of copyright infringing files that cross Virgin’s network. This index will let Virgin determine whether the content deals they sign with content producers have a noticeable impact on the amount of infringing P2P traffic on their network. Where such deals reduce infringements, then we might expect Virgin to invest resources in agreements with content producers, and if such agreements have no impact then Virgin’s monies will likely be spent on alternate capital investments. I’ll note up front that I’ve sent some followup questions to seek additional clarity where the answers I received were somewhat hazy; such haziness appears to have been from a miscommunication, and is likely attributable to a particular question that was poorly phrased. Up front, I will state that I’m not willing to release the name of who I’m speaking with at Detica, as I don’t think that their name is needed for public consumption and would be an inappropriate disclosure of personal information.

The key question that is lurking in my own mind – if not that of others interested in the CView product – is whether or not the appliance can associate inspected data flows with individuals. In essence, I’m curious about whether or not CView has the ability to collect ‘personally identifiable information’ as outlined by the Privacy Commissioner of Canada in her recent findings on Bell’s use of DPI. In her findings, the Commissioner argues that because Bell customers’ subscriber ID and IP address are temporarily collated that personal information is being collected that Bell does collect personal information.

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Copyright and the Blank Media Levy

mediaplayer2I’ve been watching with some interest the new Artist 2 Fan 2 Artist project, recently started up by Jon Newton and Billy Bragg. The intent of the site is to bring artists and fans together and encourage these parties to speak directly with one another, without needing to pass through intermediaries such as producers, labels, public relations groups, managers, and so on. It will be interesting to see how the dialogue develops.

One of the key elements of the site that interest me the discussion of paying artists (and other content creators); how can we avoid demonizing P2P users while at the same time allocating funds to artists/copyright owners in a responsible manner. On October 5th, this topic was broached under the posting ‘In Favour of a Music Tax‘, and I wanted to bring some of my own comments surrounding the idea of a music tax to the forefront of my own writing space, and the audience here.

I think that an ISP-focused levy system is inappropriate for several reasons: it puts too much authority and control over content analysis than carriers need, puts carriers at risk when they misidentify content, and would make carriers (for-profit content delivery corporations) in charge of monitoring content without demanding consumers that pay ‘full value’ for content moving through their networks. This last point indicates that an ISP-based levy puts ISPs in a conflict of interest (at least in the case of the dominant ISPs in Canada). Another solution is required.

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