Cable Industry Joins MPAA In Asking FCC To Allow Them To Stop Your DVR From Recording Movies

from the without-any-reason dept

Ars Technica has allowed the cable industry lobbyists' top lawyer to explain why the cable industry supports breaking your DVR in a misguided effort to add more windows to movie releases. Not surprisingly, he simply repeats the MPAA's flat out lies and misrepresentations on this particular issue. For example, he claims that the movie studios need this or they won't get content out to the industry early enough. But that's wrong. There is nothing stopping the movie studios from releasing content whenever they would like. In fact, we've already seen that some of the major studios are releasing movies in exactly this manner (prior to DVD release), despite claiming that it's impossible to do so without enabling this form of DRM.

If the movie industry wants to add a new window where they release movies for pay-per-view offerings before they come out on DVD, there is nothing stopping them from doing so today. Nothing.

The claim that this is about preventing "piracy" is flat out bogus. Even the movie studios themselves claim that nearly every movie is already "pirated" by the time the movies hit the theaters. And these pay-per-view offerings (they like to call them video on demand, but it's really pay per view) are for a window later than the theater release. So the movies will already be available via unauthorized channels. That won't change at all.

So, what are we left with? The two main arguments simply don't make sense at all. There's nothing stopping the studios from adding this window now. And enabling selectable output control (SOC) to stop your DVR from recording these movies won't do a damn thing to reduce unauthorized file sharing of the same content. The only thing it will serve to do is make legitimate customers pissed off, because they'll be confused and annoyed when the DVR they purchased to record what comes out of their TV sets refuses to record this movie that they legally are accessing, but want to time shift (which, again, is perfectly legal).

Contrary to the MPAA and the NCTA's bogus claims, this has nothing to do with enabling some "awesome" new service. This has everything to do with trying to lock down your TV and DVR in an age when consumers are finally getting back some control. What's amusing, of course, is that this comes just as the TV industry is finally realizing that letting consumers do what they wanted with DVRs didn't harm the TV industry, but helped it. One of these days, maybe the MPAA and the NCTA will come to that realization as well. In the meantime, though, they want to get a foot in the door to let them stop your DVR from working as advertised, in the misguided belief that they need to push back on what legitimate consumers want to do with the content they watch.

Filed Under: cable companies, drm, hollywood, selectable output control, soc, tv
Companies: mpaa, ncta

Romance Publishing Giant Offering Ebooks Without DRM; Reporter Upset By This

from the how-dare-you-give-customers-what-they-want dept

Kevin Cummings writes in with the news that romance novel publishing giant Harlequin is setting up a new ebook division to offer digital books directly from the company's own websites, as well as via various online retailers. That, by itself, isn't a huge surprise these days, but the article does note that the publisher decided to go without DRM on the books. Now, that seems like a smart, consumer-friendly move that should be applauded. However, the reporter who covered the announcement claims this move is "troubling," which seems like an odd statement. How could treating customers with respect be "troubling"?

Filed Under: drm, ebooks
Companies: harlequin

Buyers Who Purchased Modern Warfare 2 Via Steam Discover DRM Puts Them 2 Days Behind Everyone Else

from the that-sucks dept

When talking about video games, we sometimes hear that Valve's Steam is one of the few examples of "DRM that works," but that's hard to accept when you hear ridiculous stories like this one. Apparently people who downloaded Modern Warfare 2 via Steam, expecting to be able to play the game today (along with everyone else who bought it in a store today) have discovered that the DRM has been setup so you can't actually play the game until Thursday. Ouch. It's yet another example suggesting that Infinity Ward really does not care at all about PC gamers. The game will likely sell millions of copies anyway, but it's really amazing to see how badly the company treats its PC gamer fans.

Filed Under: drm, fans, games, modern warfare 2, steam
Companies: activision, infinity ward, valve

FCC Poised To Let Hollywood Break Your TV And DVR

from the based-on-nothing dept

Earlier today, we wrote about how even the MPAA's own members have shown they don't need to break your TV and DVR with selectable output control in order to release video-on-demand movies prior to DVD releases. Yet, if you hadn't noticed, the MPAA has been on a big rampage lately insisting that they need to do this to add yet another window to its release schedule. That's because the way Hollywood thinks is that they only way to make money is to take away what consumers want and, instead, add more annoying "windows." This is faulty thinking. However, it's even more faulty to claim that they need to break your TV and DVR to release this content. The MPAA's basic argument is that without this, there will be piracy -- but even the MPAA admits that every movie is pirated by the time it's in the theaters (i.e., before it would need this window).

Want to know why the MPAA got 60 Minutes to run its propaganda piece on movie piracy this week? Because it knew this fight was close to a deciding point, and a little moral panic might help tip it over the edge into Hollywood's favor.

For a while, the FCC has pushed back and refused to grant the movie studios an exemption in order to break your TV, but word is coming down that, despite promises to make decisions based on "evidence," the FCC is ready to give in and let the MPAA break your TV and DVR in order to stop you from recording the movies it releases. Why? There's no good reason at all, other than the administration's cozy relationship with Hollywood these days. The industry's own actions show that this will do nothing to make it easier for it to release movies earlier. The industry's own claims show that it will do nothing to decrease piracy.

The only thing it will do is harm millions of consumers who believe their TV and DVR should work the way they were intended to work.

Public Knowledge is asking people to send a letter to the FCC, protesting this decision. I'm not a fan of "form letters," but I would suggest reading over the suggested letter and then crafting your own (polite, well argued) version, and sending it to the FCC. Hopefully the FCC realizes that breaking your TV and DVR for the sake of protecting Hollywood's billions (which still continue to go up) is not progress. It's a blatant attempt to take away consumer rights.

Filed Under: drm, hollywood, selectable output control, soc, tv
Companies: fcc, mpaa

Oh Look: Hollywood Doesn't Need To Break Your TV To Release PPV Movies Early

from the who-would-have-thunk-it? dept

For a while now, the MPAA and the major movie studios have been asking the FCC for permission to break your TV and DVR by enabling "selectable output control," which would block the recording of certain movies. The MPAA's claim for why they needed this is to add another "window" for releasing movies as video on demand prior to them being released on DVD. But that makes no sense. As we pointed out, when they first made this claim, there is absolutely nothing stopping them from releasing these movies earlier for VOD. There's nothing to stop them from doing so -- and it's not like SOC would actually block the movies from being online. Every movie ends up online around the same time (usually before) it gets into the theaters, so these movies would all be available for file sharing prior to the VOD release anyway. The MPAA keeps saying that it simply can't release the movies earlier without this form of DRM, but it appears that the studios own actions prove that we were right, and the MPAA was lying. Public Knowledge is pointing out that Warner Bros. has released two recent movies for VOD prior to DVD, even as the MPAA is still insisting that it's simply impossible. Oops.

Filed Under: drm, hollywood, selectable output control, soc, tv
Companies: warner bros.

Disney's Keychest: Is Giving Back Your Fair Use Rights With More DRM Really A Step Forward?

from the redefining-fair-use dept

A bunch of folks have sent in different stories about Disney's new "Keychest" technology offering, which would (in theory) allow users to purchase content that would be stored online, and which they could then access from any "participating service."

With Keychest, when a consumer buys a movie from a participating store, his accounts with other participating services--such as a mobile-phone provider or a video-on-demand cable service--would be updated to show the title as available for viewing. The movies wouldn't be downloaded; rather, they would reside with each particular delivery company, such as the Internet service provider, cable company or phone company.

The idea, supposedly is:

to address two of the biggest hurdles blocking widespread consumer adoption of movie downloads: the difficulty of playing a movie back on devices other than a PC or laptop, and limited storage space on those computers' hard drives.

Now, while you must admit that allowing people to access the same content after a single purchase on multiple devices is definitely a step up from the "old" way of doing things, it does kind of ignore some important points: such as the fact that, for the most part, you could already do this on your own. As we know, it's legal to rip your CD's and then store that content on an iPod or on your computer and listen to the music how you want to do so. And, even though this is perfectly legitimate fair use of content for movies as well, Hollywood has used the worst provision in the DMCA -- the anti-circumvention provision -- to block people from doing what is accepted fair use with movie and television content.

So all Keychest really seems to be doing is giving you back your fair use rights on content -- but also wrapping it in additional DRM, such that it only works on "participating services." Oh, and it could include other limitations as well:

And Keychest would allow movie studios to dictate how many devices, connected to which distribution networks, a given title can be played on.

So, kudos to Disney for recognizing that people hate having to buy the same content over and over again and hate being limited on what devices they can view content on... but, creating a new, more permissive DRM solution, just to give back some of an individual's fair use rights, isn't really a huge win.

Filed Under: buy once, content, copyright, drm, fair use, keychest
Companies: disney

Public Knowledge Points Out MPAA's Lies On Why It Wants To Break Your TV

from the nice-work dept

For quite some time now, the MPAA has been asking the FCC for permission to break your TV, so you won't be able to record certain movies shown on TV. Specifically, it wants to be allowed to use something called "Selectable Output Control" to tell DVRs that they can't record a show. It's basically the whole "broadcast flag" concept all over again. The MPAA's argument for why it needs this makes no sense at all. It basically makes two arguments, neither of which are true. The first is that they need this in order to be able to put movies on TV earlier. This is not true. There's nothing stopping the studios from putting movies on TV earlier, other than a misguided fear that people will "pirate them." And that's the second problem: even the industry admits that the movies they'd release on TV are already pirated and available on file sharing networks, so it's not like having this would stop that. The movies will still get out there. SOC won't stop piracy at all -- but it will piss off a ton of people who bought a DVR expecting to be able to record what they want to watch.

Consumer rights group Public Knowledge, thankfully, has now sent a letterexplaining all of this to the FCC:

"The MPAA has submitted no proof that grant of the waiver will serve the public interest at all. To the contrary, what proof exists in the record shows that the 'problem' of a longer window for release of movies to MVPDs than for release on DVDs is a business decision made by MPAA's members. Rather than shed crocodile tears for the poor shut-ins and busy parents who must either subscribe to NETFLIX to get the earlier window or wait a whole thirty days, MPAA's members could simply negotiate a shorter release window."

Hopefully the FCC listens.

Filed Under: drm, dvr, mpaa, selectable output control, soc
Companies: mpaa, public knowledge

DRM Ridiculousness Just A Part Of The PSP Go's Problems

from the how-unappealing-does-this-sound dept

A bunch of folks have been sending in various versions of the stories popping up all weekend about the disastrous PSP Go launch, with a product that seems designed to piss off as many consumers as possible. And, of course, one of the big problems? DRM. Apparently a promotion in Europe gave people free downloads of games -- but if you have both a PS3 and a PSP and were used to downloading games to the PS3 to put on the PSP, you're out of luck with the PSP Go. The games are locked to the platform where they were downloaded.

Sony, Sony, Sony. This is the same company that has been locking things down for years, and always regrets it. Way back in 2005, the company admitted that it needed to stop locking down content, and learn to open up more. The company got a lot of press for that statement... and kept locking stuff down. Earlier this year, Sony got a ton of press for basically saying the same thing about being more open. So what does it do? It goes and releases another device using locked down content. At some point you have to wonder who's in charge at Sony.

Filed Under: drm, psp go
Companies: sony

DRM Doesn't Enable Business Models; Blind Fear Disables Business Models

from the get-over-it dept

A bunch of folks have asked if I had any comment on analyst Michael Gartenberg post over at Engadget claiming that DRM has been demonized too far, and for all the "bad" things about DRM, most people really don't mind it, and we should be happy that it "enables new business models." I've discussed this before, but not in a while, so it seems worth revisiting.

First, it's a lie that DRM "enables new business models." Gartenberg doesn't realize it, but he admits it in his post, when he suggests that DRM made all-you-can-eat subscription models possible, while immediately countering that point by admitting the real factors are elsewhere:

Take subscription services for example. Sure, I'd love a service that would allow me to download unlimited content in high bitrate MP3 format for a reasonable fee every month. Except economics and greed will never let that happen.

Notice what he says here. The DRM isn't what enabled the business model. It's fear of how people will use such a service that does. It's fear that people will actually use what's been given to them -- leading to the claim of "economics and greed" stopping such a service from ever coming about. But, that makes no sense. People already have access to pretty much every song ever recorded with no DRM at all. Claiming that they need DRM to enable such a service makes no sense. It's already there -- just not legally. So what does the DRM stop in such a service? Absolutely nothing. If the fear is that someone takes a song and shares it online... too late. It's already happened. The only thing that DRM does in that situation is put up a restriction on a legitimate, paying customer. That makes no economic sense at all.

And that's my real problem with DRM. It cannot enable a new business model economically. That's because it's only purpose is to limit behavior. There are no business models that are based solely on limiting behavior. It may be the case that some companies may be too afraid to implement a business model without this faux "protection," but that's entirely different than saying DRM enables the business model. DRM takes an economic resource and artificially restricts it. It takes away options, it does not enable them. DRM hasn't been "demonized." It's a pointless solution that prevents no unauthorized sharing and only serves to hinder the activities of legitimate customers.

Filed Under: business models, drm, economics, subscriptions

Cable Lobbyists Side With MPAA On Getting Permission To Break Your TV

from the not-really-a-surprise dept

As Hollywood keeps asking for permission from the FCC to break your TV with Selectable Output Control, it's picked up an unsurprising ally. Cable companies. NCTA, the lobbying group that represents the cable industry has come out in favor of the request, claiming that it will let them offer movies earlier. This is a myth that they want regulators to believe. The MPAA and cable companies could offer up movies whenever they want. They just don't want people to record them, because they want to introduce yet another annoying window. So, they declare that they need to break your TV and DVR from recording. Hopefully, the FCC knows better than to break TVs and piss off so many people just because Hollywood is upset some people will want to record movies.

Filed Under: cable companies, drm, dvr, mpaa, selectable output control, soc
Companies: mpaa, ncta