Server-based DRM solutions are hostile to consumers

I have a long history with DRM (Digital Rights Management): I worked on the Windows Media 7 Encoder team; I worked at two different internet video startups; and as the owner of record label, I experimented with some of the very first paid digital download solutions (all long lost to internet history at this point).

When I first learned about the DRM mechanism where the player would “phone home” periodically to make sure that you were still licensed to the content, I immediately realized that this was a really fragile way to license media. I’m not talking about subscription content (like Rhapsody), streaming media (like Hulu/YouTube/Flash Media Server) or rentals (like Amazon/iTunes rental), I’m talking about content that is purchased by the consumer. The issue is that there are 1000 ways that the user can lose access to their content without any ill intent on their part. This isn’t an issue if the licenser of their content is still in business and supporting the licensing mechanism. However, even large companies sunset their DRM technology support, screwing over their customers (see Google Video and Microsoft Plays For Sure for example). Depending on how onerous the original licensing scheme is and how it was implemented, buying a new computer, changing the hardware configuration, upgrading system software, the company dropping support for the DRM, the licensing company’s servers going down or just the user being without the internet can cause a user to lose access to the content that they paid for and legally own.

Maybe the user got some warning and could back up their content to some other format (if allowed by the licensing scheme, it often isn’t); but maybe they didn’t see or understand the warning. Then it is too late. Is it the consumer’s fault? No, it is never the consumer’s fault. They purchased digital content with the expectation of owning it forever, just like when they purchased their media as hard goods.

Onerous DRM has been put in place by media companies desperate to avoid piracy, but as it has been written about in so many other places, DRM makes more pirates than it avoids. It makes it more difficult for the people who want to get their content legally by adding roadblocks between them and their purchases and it doesn’t stop the pirates who avoid the whole thing. I wonder how many Plays For Sure customers went to an illegal site to re-download the content that they had already purchased when they lost access to it. I wonder if any of them felt like they were breaking the law at that point. I doubt it. They had paid for something and had been denied access to it. Maybe they were mad at Microsoft, but they were probably more mad at the record labels, because that was the product they purchased. Microsoft was just the store.

I was thinking about this again today when I went to purchase a song off of iTunes and found that Apple had lost my Apple ID. This was the Apple ID that I had spent years buying content from iTunes with. Sure, Apple has moved to make their music DRM free, but I haven’t completely updated my catalog yet, and there is a lot of video that I have paid money for as well that is still subject to Apple’s DRM. While their mechanism still allows me to play my content on my authorized computers (as far as I can tell so far), it will not permit me to authorize a new computer. If Apple isn’t able to fix this problem, what happens to the content I purchased over time? If I can’t access it anymore through no fault of my own, am I in the wrong legally to download it off a file-sharing site?

DRM models have continued to evolve over the years, but I think that the audio model has shown the way for purchased content. It is high time for media owners to allow the people that pay for a full copy of their content to own that content outright, with nothing that could prevent the consumer from having access to the content that they paid for, including transcoding as media formats change over time. Otherwise, they will alientate their consumers as they find they cannot have what they paid for.

note: I avoided mentioning the new licensing models that have sprung up, where when you “buy” a copy of a song or movie the license agreement says that you don’t really own it, which is becoming more common as a way to avoid legal issues when user’s circumvent DRM to make fair-use copies or so that they cannot sue if they cannot access their content. I avoided mentioning it because:
A) it muddies the discussion.
B) I think it is evil.

Creative Destruction in the Newspaper Industry

I saw two things today that somehow connected in my mind. The first was an advert for scholarships for computer programmers to Northwestern’s journalism school (link):
Are you a skilled programmer or Web developer? Are you interested in applying your talents to the challenge of creating a better-informed society? Do you want to learn how to find, analyze and present socially relevant information that engages media audiences? Do you see possibilities for applying technology as a way to connect people and information on the Web or new delivery platforms?

The second item was the announcement that one of Seattle’s two major daily newspapers is up for sale and that it will probably cease as a printed paper no matter what happens:
For sale: The P-I

There are a few things to think about here. A simple one is that the printed newspaper as a product is obviously headed for oblivion. The web is far superior at news delivery, especially extended coverage of breaking news (television isn’t good at the “extended” part). Even the bad part of electronically delivered news (reading off a computer screen) has solutions on the near term horizon (e-book readers). You could say that the journalism school is ahead of the game here, looking to turn programmers into journalists who “get” the future of journalism.

I wonder why anyone would be looking to journalism as a second career at this point though. I can understand that the current upheaval in the computer industry would make a career change attractive, but what we got going in IT ain’t nothin’ compared to the outright carnage happening in journalism.

There is an open question about what is the future of journalism: is it trained journalists researching stories or is it bloggers and “citizen journalists” doing it on their own? I’ve never been one to think that interested amateurs can completely replace experienced professional writers, and I still feel that way. The big stories require real journalists, sniffing out the stories over long periods of time and really getting to the bottom of the issues. However, 95% of professional journalism isn’t that. It’s coverage of city council meetings and the daily reportage that some people care a lot about, some people care a little about and the rest of the people care very little about. Those kinds of things are perfect for the interested and excited amateurs and it is that where the blogging community has been eating away at the journalism community. Without young reporters getting their start on that daily grind kind of stuff, however, I’m not sure how folks become the in-depth-extended-research kinds of reporters.

I honestly don’t think that the future of journalism is going to come from the programmers (even those with masters degrees in journalism). I think it is going to come from the thousands of laid-off reporters being released into the world. I hope that many will start to explore the possibilities and I expect at least one will end up changing what journalism is as we know it.

Another iPhone App that I don’t feel like writing…

I’m pretty sure that this app exists for other smart phones and I know that a similar thing exists for normal PCs.

An App that scans the barcode using the built-in camera and then allows you to look it up on your choice of site: froogle, Amazon, whatever… To see if you want to buy it on-line instead.

I’d write this one myself, but it isn’t anything I’d be that jazzed about writing and supporting for a long time… It should be something that Amazon would jump right on if they weren’t worried about getting sued…

freebie iPhone app idea for the real estate websites

yes, this one is for you redfin, windermere, et al. Normally, I’d sit on idea like this, but lets be real. I’m not going to write this one. So, as a customer, I’m asking you guys to do it for me.

I want an iPhone app version of your websites.

Obvious:

  • Get me details on the houses presented for the iPhone screen size
  • Show me houses for sale near my current location

Less Obvious

  • Let me pick a bunch of houses to view on the website: give me a tour, in-order, with turn-by-turn directions
  • Show me how far and the way to get to the nearest: school, park, etc.

Go for it, I’ll use it, and if you want to toss me a commission or make me VP of product development, I’m cool with that.

Go big or go multiple?

Everyone on my team is pushing to get 30″ screens are part of their equipment upgrades. I can certainly understand this. We all get top of the line machines automatically and so what is the cool expensive thing to get your employer to buy you? 30 inches of 30-bit color of course! Now having screen real estate is critical for developers, I can totally dig that. I was just reading Ryan Block’s blog post, 30-inches: too much screen?, and I realized that I actually prefer my dual 19-inchers over a larger screen. While having that break in the middle is a distraction for some, for me it is a boon. Having visual studio stretching over my entire visual field is just going to cause eye and neck strain. With two monitors, I choose my organization so I can focus on one at a time, but have the other handy for reference. When I’m debugging, I have the app on one monitor and Visual Studio on the other. When I’m developing, I’ll have Visual Studio on one monitor and Firefox or Acrobat on the other with documentation. When I’m not coding, I have Outlook on one monitor and Firefox on the other. For me, I’m never really focused on a single application, I always have a primary and secondary application and so dual-monitors works for me.

IPod and disconnectedness

Music: IPod Backlash (Seattle Weekly)

This social isolation is another likely outcome of iPod use, according to Areni, a professor at the University of Sydney who studies environmental psychology, music, and cognition. “Have you ever tried saying ‘hello’ to somebody listening to an iPod? If I see the white or black wires sticking out of somebody’s ears, I don’t even bother, even if it’s a friend. Again, in crowded public spaces, this may be a desirable outcome.”

I found this article fairly interesting. I’d be interested in seeing the psychological effects of wearing an iPod in public. I am one of those folks who wears mine constantly when I’m out and about on my own. I leave my earbuds in sometimes even if the iPod isn’t on. This is mostly due to the fact that I live downtown and 95% of contact with other folks on the street is other people asking me for spare change or directions. It does grow the perceived bubble of my personal space and makes vying my way through crowds more pleasant. I also like the choice of deciding with whom I’ll interact. If I see a friend or enter a business, I’ll take my earbuds out. If someone I don’t know speaks to me on the street, I have the choice of talking to them or pretending not to hear them.

Given a choice between the isolationism of iPods or the fuck-you-all-I’m-talking-here cell phone behaviors, I’m definitely feeling like the isolationism trend is the better of the two.

MacWorld Keynote… feh

The coolest recent Apple announcement is the upgrade to the MacPros, in my book. The Air is cute, but for a little extra heft, the MacBook is still a better computer in every way. And the MacBook is still underpowered for my taste.

Who really cares about thin? Once you are hitting that sub 14″ category, isn’t weight the most important thing? My 12″ PB is a better mini-machine than the MacBook Air.

The ModBook is a more exciting machine to me.

The new iPhoneOS? Cool, but I’m still going to wait for 3G.

The new AppleTV, nice, but not a major improvement.

Renting movies, over due. Available one month after DVD? Sucky.

Wireless NAS? Cute form factor, nice price, but not revolutionary.

Was anyone really blown away by today’s announcements?

What does the new Mac Pro announcement say about the MacWorld Keynote

For those of us who have been waiting for a MacPro upgrade, today is a great day. New Mac Pros with 8 cores of Penryn power, new high-end video cards, all quite exciting.

You would think that this is something that Steve Jobs might want to announce from the stage in his keynote next week. So why announce it today?

Maybe they were holding back this announcement in case another one fell through… Maybe compared to the other announcements they were worried that this one might have gotten lost in the shuffle? Maybe it is to suck some of the attention away from all the announcements at CES?

This certainly ups the anty for next week.

[update: Here is Gizmodo’s take, they agree with me]

Alex Iskold’s tips for startups

36 Startup Tips: From Software Engineering to PR and More – ReadWriteWeb

This is a collection of startup tips covering software engineering, infrastructure, PR, conferences, legal and finance. They describe best practices for an early-stage startup. We hope that you will find these tips useful, but also please remember that they are based on subjective experiences and not all of them will be applicable to your company.

These tips are great for web startups. They are pretty useful for non-web startups as well. I’ve been through the startup mill myself a couple times and I still got some good pointers.

Wow, does the MyBook suck

So, I was at Costco and they had the Western Digital My Book Home Edition 1TB drives for $299.99. I snapped one up, $.30/Gb! What a deal! Then I plugged it in to my computer and… nothing. The drive didn’t power up. I tried different outlets, different cables, every combination. The drive was DOA. I should have looked it up on the web, but for some reason I was stupid, and I just brought it back. When I was returning it, I asked if they had many returns. “No, none.” So, I decided that it was just very bad luck and I got another two (I now actually need another 1TB and a backup as well).

I brought the replacement and the spare home. I opened one and it powered up (now that I know that the first drive never even powered up). However, this one refused to mount. Firewire or USB. Their cables or mine. Now, I actually checked the web and found out that the 1TB Home edition is particularly crap. So, I had to return both of these as well.

I’ve had several MyBook drives and haven’t had too many problems, except for one that had it’s firewire port crap out after several months.

I’m never buying another.