Plugging The Analog Hole Really A Plan To Kill Amateur Content?

from the sneaky-sneaky- dept

Last month some of our elected officials put forth a bill trying to "plug the analog hole" -- a phrase that originally came up as a joke to show how silly it was to try to stop the copying of content. However, we missed Tim Lee's response soon after it came out, highlighting a particularly troublesome exception to the bill for professional devices. Since, of course, plugging the analog hole completely basically means you can't create any new content at all, the bill calls for an exception for "professional" equipment. That's obviously problematic -- because how do you decide what professional equipment is? As Tim asks, does this make the maker of any new technology liable if too many amateurs happen to buy its product? That would have a pretty major impact on product development and pricing. Today, Ed Felten takes this story and points out the next obvious conclusion. It also would make it much harder for amateurs to create content, because they couldn't buy equipment that would let them do so. In other words, perhaps the point of this bill isn't so much to "plug the analog hole" when it comes to copying unauthorized content (not that it would work anyway), but to try to slow down the somewhat rapid growth of amateur content successfully competing with professional broadcast content. We've talked, repeatedly, about how the power of internet has often been in how it has enabled anyone to become a content creator. It's no longer about "professionals" or "amateurs" because that distinction no longer matters. Unfortunately, this bill tries to bring back that distinction in a major way -- and then put up huge barriers for the amateurs.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Jack Mehoff, 12 Jan 2006 @ 1:42pm

    No Subject Given

    I love amateur porn! It has competely supplanted my spending on professional porn.

    link to this | view in thread ]

  2. identicon
    John Doh, 12 Jan 2006 @ 1:56pm

    History

    This is somewhat reminiscent of when the Nazi's tried to plug the "Radio Device Hole" in their control of propoganda.

    link to this | view in thread ]

  3. identicon
    Chris Strube, 12 Jan 2006 @ 2:04pm

    Re: History

    Ah ha! Godwin in two comments! a new record?

    link to this | view in thread ]

  4. identicon
    dorpus, 12 Jan 2006 @ 3:15pm

    Plugging Holes in Skulls

    Yeah but what if a 4-year-old falls on a chopstick, which impales their throat and their brain, so they die? A doctor refused to believe that could happen, and now he is in hot water, because the kid died.

    http://headlines.yahoo.co.jp/hl?a=20060112-00000102-jij-soci&kz=soci


    link to this | view in thread ]

  5. identicon
    Wolfgang Rupprecht, 12 Jan 2006 @ 3:28pm

    plugging the open source hole

    I bet microsoft is kicking itself for not figuring out a way to plug the "open-source hole".

    Perhaps they can get their DC law firm to suggest a law allowing only "professional workstations" to have C compilers and deguggers.

    link to this | view in thread ]

  6. identicon
    haggie, 12 Jan 2006 @ 3:34pm

    No Subject Given

    Two words: DRM Helmet

    link to this | view in thread ]

  7. identicon
    ccc, 12 Jan 2006 @ 5:14pm

    Re: No Subject Given

    They could solve all of these problems at once if they would just plug the freedom hole.

    link to this | view in thread ]

  8. identicon
    nao, 12 Jan 2006 @ 7:02pm

    Re: Plugging Holes in Skulls

    its kinda hard to read all that japanese when you're only a second year student.

    link to this | view in thread ]

  9. identicon
    DaveW, 12 Jan 2006 @ 10:18pm

    Re: plugging the open source hole

    And "professional workstations" would have to pass the Genuine Microsoft License test?

    link to this | view in thread ]

  10. identicon
    anon, 12 Jan 2006 @ 11:36pm

    As an amatuer musician...

    I think this is crapola. I hate lawmakers more and more everyday. Dammit, how can people be so freaking stupid?

    link to this | view in thread ]

  11. identicon
    Hedwig, 13 Jan 2006 @ 1:06am

    Guess it's only self-protection...

    The Big Media Corporations (BMC) must know they are loosing control: artists are experimenting with new ways to get their art to their fans (music, film, ...), and in doing so, they are circumventing these corporations EVERY time.

    Before, it made sense that the artists and the BMC work together. The artist provides the content and the BMC provides the resources for recording and distribution.

    The resources for recording have become more and more accessible without the BMC: equipment with (semi-) professional qualities is now available to amateur artists, enabling these artists to create their art.

    Further, the artists are finding new ways of distribution via internet (esp. music) crippeling the role the BMC can play in the partnership even more.

    The only way the BMC can slow this process down is by waging war on 2 fronts:
    - keep the distribution channels private (ie. "outlaw" new distribution channels)
    - control the equipment (ie. make it 'play-only' so the customer can ony buy their stuff and play that)

    The favourite weapon is "copyright". And if the war requires a re-definition of that term in order for the BMC to survive, they are willing to pay enough politicians to pass bills that will do just that.

    To limit the options of anyone to do what the BMC are now doing is the way the BMC are trying to protect their place in the media landscape.

    link to this | view in thread ]

  12. identicon
    Stephen Tillman, 13 Jan 2006 @ 8:30am

    Re: Guess it's only self-protection...

    Very succinctly put. It looks like, with all the new innovations coming out, that BMC is in some early death-throws. We can only hope they die soon. And painfully. Money-grubbing bast***s.

    Now, on to plugging the "analog hole" from which all this litigation and legal bs is flowing... F***ing lawyers.

    link to this | view in thread ]

  13. identicon
    Stephen Tillman, 13 Jan 2006 @ 8:32am

    I had another thought...

    kinda off-topic, a bit, but it came to me just as I hit submit on my last comment.....

    In the same vein as "can (a) god create a boulder that even (s)he cannot lift?"... is there a lawyer that would fight for reform to limit these idiotic lawsuits?

    link to this | view in thread ]

  14. identicon
    Anonymous Coward, 14 Jan 2006 @ 4:01pm

    Re: plugging the open source hole

    You may think that you're joking ...

    link to this | view in thread ]

  15. identicon
    Adam W, 15 Jan 2006 @ 3:16pm

    No Subject Given

    Professional equipment has XLR connectors and costs 10x as much. That's how you tell.

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.