Recording Industry, Japanese Gov't Work To Break Your Mobile Phone If You Listen To Unauthorized Music

from the how-nice-of-them dept

Tue, Sep 8th 2009 8:38am — Mike Masnick

You would think that the entertainment industry might look back at its rather long history of failed attempts to stop technological innovation from interfering with their business models and realize the sheer futility of trying to stop people from doing what they want to do, and could have learned that embracing what technology allows is a better path. But... that never seems to happen. Apparently the recording industry is now so worried that unauthorized file sharing on mobile phones is the next big threat, that rather than working on ways to use that to their advantage, they've teamed up with the Japanese gov't (note: not Japanese consumer electronics makers) to develop a system to break mobile phones if users are caught listening to unauthorized music.

Think of it like an automated "three strikes" plan for your phone:

Details are scarce, but apparently the system would consist of a central database which contains information about music which is authorized to be downloaded. This system would be responsible for verifying that cellphone users weren't downloading illicit music. Those that do would be sent warning messages.

But of course, simple warnings aren't enough for the music industry. The report claims that the music capabilities of cellphones could be disabled for persistent infringers.

Once again, the entertainment industry would prefer to break any new innovation rather than learn to adapt.

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Filed Under: japan, mobile phones, music, playback, three strikes

20 Comments

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Trails, 8 Sep 2009 @ 9:00am

Most appropriate /. tag
whatcouldpossiblygowrong

Unlike other bizarre, overbearing DRM schemes, this one will be foolproof and will not be exploited or misused, or keep non-infringing users from being incorrectly locked out of aspects of a product they purchased.
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Justin, 8 Sep 2009 @ 9:13am

What a bunch of .....
What a bunch of @$$Holes. Really?? Maybe I read techdirt a little too much and hear about this kind of thing more then I really should, But I am getting tired of these morons trying to control everything they do not have market advantage on. I am even more fed up with the consumers and government that lets them do it. Why are people so retarded to let these guys do this all the time?
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PaulT (profile), 8 Sep 2009 @ 9:33am

How exactly can a program tell if music is "authorised"? Copyright law authorises me to transfer a copy of any song I use to a phone for personal use. I dare any program to tell the difference between a P2P download, a rip from my own CD and a download from eMusic. The idea is idiotic from is conception, especially now that DRM is removed from most major music retailers.

I predict a short death for this, or a mass exodus from whichever manufacturer is stupid enough to put this on their phone. A phone that breaks if a program orders it, based on the the status of stored data? What could go wrong?
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Chronno S. Trigger (profile), 8 Sep 2009 @ 10:08am

Re:
"I dare any program to tell the difference between a P2P download, a rip from my own CD and a download from eMusic"

I was going to say the same thing. What, it's illegal to rip CDs for personal use in Japan?

"or a mass exodus from whichever manufacturer is stupid enough to put this on their phone."

"they've teamed up with the Japanese gov't (note: not Japanese consumer electronics makers)"
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Anonymous Coward, 8 Sep 2009 @ 10:19am

Jesus Mother Mary Fucking H Christ what has this world come to... Does this mean the government can cut your fuel lines if you text while driving now? Or shit why not just allow the RIAA to cut off your electricity if you're found downloading media. No power to the home equals no possible way you could use your electronics, problem solved! And why stop at phones?? Why not just allow them access to every single device you own that can play music. I think it's high time people start taking to the streets with torches and pitchforks once again before you wake up and and someone passes a law requiring DRM in your ears.
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Anonymous Coward, 8 Sep 2009 @ 10:27am

Re:
Maybe if you live in Japan. Maybe you should reread that article ac.
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AC, 8 Sep 2009 @ 10:37am

All your phone are belong to us!
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Steve (profile), 8 Sep 2009 @ 10:39am

Um ok
I'm just curious how they can determine that a downloaded song is illegally obtained in the first place. "A central database" that tracks users and what music they are allowed to have seems awfully Orwellian to me. Common sense would say the RIAA should be embarrassed by such a thing by now. Too bad common sense has always escaped the RIAA. Their mismanagement never ceases to amaze me.

Of course, average Joe consumer is probably the most to blame for the RIAA continuing in their evil ways. How in the world has a mass boycott not taken care of this problem by now?
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fogbugzd, 8 Sep 2009 @ 10:42am

Nightmare job
Keeping the database current and accurate will be a nightmare, and even if you make the most favorable assumptions about how it would work, the database will will be highly inaccurate.

I also hope the article is wrong about keeping track of songs that are "authorized to download." If I pluck out an original composition on my guitar and post it, then how will it get registered as "authorized to download?" Will I be allowed to request its authorization myself? Will I have to pay a fee to do so? If so, the list of songs authorized to download would be exceedingly short, and people could very easily get three strikes for downloading perfectly legal content.

Requiring copyright holders to register their work would be more workable, but still prone to a host of problems. Ironically, this sort of system would sort of take us back to pre-Berne Convention protocols for recorded music.

One big problem with requiring registration is that a file may be altered a bit or re-ripped and appear different than the original file. Files could be watermarked, but if all the music was locked up this way there would be a tremendous incentive for someone to produce de-watermarking software.

Let's suppose a workable registration system could be developed. It would mean that some music would come with a warning "Please don't listen to this song." That would create a fantastic opportunity for off-label musicians to be heard. Given the social nature of mobile use among Japanese youth, I can see why the Recording Industry is wetting its pants over this issue. If people really do use their phones as the primary music device, then the recording industry might as well fold up their tents and go home in the Japanese market.
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fogbugzd, 8 Sep 2009 @ 10:46am

Re:
>> why not just allow the RIAA to cut off your electricity if you're found downloading media.

Please don't give them any ideas. No idea is too ridiculous for the recording industry to grasp at. I'm just glad you didn't suggest cutting off fingers so they couldn't press the buttons on their gadgets. Oh, dang. Now I am giving them ideas.
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Glaze, 8 Sep 2009 @ 10:53am

Re: Um ok
"How in the world has a mass boycott not taken care of this problem by now?"

The problem lies not in the boycott... the problem lies in the general public not being informed and being too stupid to realize what is or is not happening in this digital age. Too many people don't care or are willing to allow themselves to be taken advantage of by the big businesses of today. I am sure if we had a full out uprising against the MPAA and the RIAA, that they would fall and all content would belong to the people again.
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chris (profile), 8 Sep 2009 @ 12:48pm

Re:
Does this mean the government can cut your fuel lines if you text while driving now? Or shit why not just allow the RIAA to cut off your electricity if you're found downloading media. No power to the home equals no possible way you could use your electronics, problem solved! And why stop at phones??

you are thinking WAAAY to small in five years time it will look like this:

1) all movies and music not purchased from industry authorized retailers is illegally downloaded.

2) if you illegally download movies or music, the entertainment industry is authorized to hunt you down and kill you.

3) not purchasing media from industry approved retailers is considered illegal downloading.

4) therefore, if you do not make a monthly purchase of media in an amount determined by the industry, they will hunt you down and kill you.

and that's how you save the entertainment industry.
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Mack Bolan, 8 Sep 2009 @ 1:44pm

All that's...
All that's needed for evil to win, is for good to do nothing.

Stop taking it lying down, stand up and fight.
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lux (profile), 8 Sep 2009 @ 3:57pm

Please
This will never happen.
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Matt (profile), 8 Sep 2009 @ 4:38pm

Re: Re:
Not that I disagree that it should be, but who says it is legal to rip CDs for personal use in the U.S.? It seems obvious that it should be, but has a court ruled that way yet? The list of things that copyright obviously permits that have nonetheless been held to be infringing is long and scary.
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Ronald Reagan, 9 Sep 2009 @ 4:10am

Re: Re:
People are just like dumb sheep ! BAAAAAAAH!
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Cody Jackson (profile), 9 Sep 2009 @ 5:05am

Re: Re:
I don't know about nowadays, but back in the early 90s renting CDs was fairly easy in Japan. That's why MiniDiscs were so popular; people could rent CDs and copy them to MDs. It was nearly impossible to find a "pressed" music MD.

One thing I'd like to know though: how much illegal infringement occurs via mobile phones? And as others have asked, how can a DB know which songs are legal or not?
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ASTROBOY, 9 Sep 2009 @ 6:10am

Whats it coming to?
I'll tell you what the future brings. Our beloved govt will determine the average number of records bought, movies attended, books purchased, games purchased or rented, maybe a few more items. You will be billed for your fair share of content by IRS. You will receive vouchers for your tunes, movies, games, books, etc. If you still want to pirate, fine. But you pay all the same. Those that don't like movies or albums can sell their vouchers on the open market, if there are any buyers. Maybe real movie freaks will buy the unwanted vouchers. The movie, music and game industries as well as book publishers will be assured of a guaranteed income and the IRS will be assured a guaranteed tax. Those that protest will face the full fury of the IRS.
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Anonymous Coward, 20 Sep 2009 @ 4:59am

Tempest in a tea-pot. Who the hell actually uses the music capability OF THEIR PHONE? They'd transfer the files straight through the phone to their computer, netbook, or iPod and play it back from one of those.
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Roland985, 7 Oct 2009 @ 3:58am

RERE
I do, it is a nokia 6220 classic so it stores all my music, videos, take photos and I can talk to people with a phone.

It is the best thing since sliced bread.

I hate the music industry, plus the thumb sucking governments that stick up for them.
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