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A View of Digital Rights Management

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DRM, Digital Rights Management, is a method for controlling the use and distribution of content and hardware. Today the Wall Street Journal ran a debate between a fair-use advocate law professor and an MPAA executive (found via Daring Fireball). This excited me because I hoped to hear a good argument from the ‘fair use’ side. I was disappointed.

The thing that really bothered me was the comparison of DRM to those electronic tags retailers put on clothes to prevent shoplifting and the idea that DRM was not meant to prevent commercial piracy, but is meant to “keep honest people honest”.

The issue here, Mister MPAA Man, is that if I buy a shirt, the retailer removes the tag when I complete payment. I am then free to wear my shirt to any event at any location I choose, give it away, let people borrow it, sell it, cut it up and wear it on my head, or use it as a decorative wrap for my cooler. Your comparison breaks down badly when you apply it fully. If a shirt was protected by DRM it would stop me from wearing it to certain people’s houses (e.g. play my movie on a friends computer), letting people borrow it, selling it or using it for uses which the manufacturer never intended.

The problem here is that, in response to a changing market, the RIAA and MPAA are taking the approach that all their customers are potential criminals. You might be having a moment of déjà vu here. Let me help you: This is very similar to a government who decides that it’s citizens are all potential terrorists and decides to circumvent their rights and hassle, monitor and restrict them. But I digress.

This is bad business!

How would the MPAA executives like it if their favorite restaurants began tethering the silverware to the table? What if an ‘associate’ had to follow you to the bathroom every time you had to pee in a retail outlet? What if their sports cars had governors installed that prevented them from exceeding the posted speed limits?

The side effect of treating your customers like assholes is that they know it, and they will treat you like an asshole in return. Here’s the problem with that idea, Mr Company Man: there are more of them than of you. Governments get reminded of this periodically. A big part of the vitriolic attitude that the intarweb levels at these organizations is a direct response to them acting like assholes. You catch more flies with sugar than with vinegar and I would proffer that you will sell more content by making it accessible, high-quality, and convenient than you will by making it cumbersome, complicated, and mediocre.

But, hey, what do I know? I’m just a quintessential member of the juiciest of demographic: 18-34 year old male with a propensity to spend money on irrational things and the means to do it.

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