And the consumer is paying for all of this security theater.
And the consumer is paying for all of this security theater.
There seem to be two arguments for DRM which could be considered logical from an executive's perspective (even if in my view unethical):
- Firstly, it delays the initial piracy of new releases. This is very variable and since new DRM systems aren't created as often as new films, this only seems to be successfully pulled off every now and then... but there have demonstrably been cases of it delaying piracy by a few weeks (hell, there's at least one video game which wasn't cracked for over a year). This probably feels valuable to executives who expect the bulk of returns on a film or video game to come immediately after release (especially if they have unrealistic expectations about correlations between piracy and lost sales).
- Secondly, and more significantly, it ensures that media companies can control how content is consumed, and control the devices available to consume content. If you want to make a Blu-ray player, you have to sign contracts, and those contracts can tell you what functionality to add and what not to add. "Unauthorized" players, circumvention technology will always exist for the fringes, but that's too minor to care about. What it does mean - in tandem with the anticircumvention technology ban legislation, 17 USC 1202 - is that you can't walk into a retail chain store and buy a Blu-ray player that'll happily make copies, or so on. Most likely this is what these companies really care about - ensuring they have a say on what Homer Simpson has to choose from in Best Buy.
To be clear, I unequivocally oppose DRM; but I suspect the above points are a closer approximation of the motives of the media industry in pushing it.
What DRM allows Netflix is to still sell one and the same subscription globally. The content you can view is not tied to your account's registered post address or such, but which physical region of the Internet you are actually accessing the service from currently. When we were visiting the US, my spouse was able to play titles with her Netflix subscription that are not available at home, because she was connecting to the US DRM servers from the WiFi of our Airbnb in California.
For our flight home, she put her phone in flight mode and was able to watch cached titles during the flight. But as soon as she turned on her data in Europe, the titles magically disappeared in thin air, as the EU DRM server realized the geoblocking violation and revoked her license to those titles.
DRM enabled a huge number of online businesses by providing content makers with the minimal assurances that they needed that those channels wouldn't be a simple, easy way for their content to be pirated.
(Free Culture, as Randall notes in the mouseover text, warned us about this over 10 years ago)
Sarcasm aside, in my experience, most managers do not understand technology even at a high level. Even the ones who come from a tech background often don’t bother to keep up. The typical mentality being, “I don’t know and I don’t want to know. Get someone from <insert tech department name here> to handle it.” When the <insert tech department name here> does come up with a solution, it is usually shot down if there is even the slightest hint of risk involved. And there usually is — any disruptive change — as all invocations tend to be — inherently carry a certain amount of risk. Even Steve Jobs was unable to convince the record labels to allow them to sell DRM free music via iTines until Apple had grown too big for them to go against — at least as far as music business was concerned.
Basically, the only things the so called managers are good at are passing around the blame and covering their asses. Way too many companies have been destroyed or are a shell of their former glory - having missed major opportunities because the management was not willing to deal with the risks associated with innovation — because they were content to milk their cash cow till it was dead — while laughing at deficiencies of the more innovative competitors’ version 1.0 products.
The real managers — the people who know what they are doing — go on to found successful tech companies.
Was that intentional? :)
I suspect Netflix's DRM is purely about pacifying video industry executives, and that it makes approximately no difference to the bottom line of anybody except the people hyping their proprietary DRM solutions.
DRM appears to be useless because you are incorrectly assuming DRM's purpose is to stop or reduce piracy. DRM is and always has been about controlling the playback platform.
Media companies like DRM so the can force anyone making a player to not implement features they don't like. Their ability to control how media is used was severely limited when the Betamax case[1] (1984) established that using a home video tape recorder to time shift was is fair use. Unable to legally control how media is used, media companies hade regularly attempted to establish and require a DRM scheme they could use to technologically control use.
The proper response is to tell the media companies their right to control a copyright protected work ends at the first sale[2].
[1] https://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Unive....
I'm no fan of DRM or the idiots in Hollywood but isn't "controlling the playback" a means to control piracy? Why must they be mutually exclusive?
>"Media companies like DRM so the can force anyone making a player to not implement features they don't like."
I'm curious is there any evidence of this? How would the Hollywood studios even be aware of all of the new hardware devices?
No, it's about controlling the channels of publication so they can maintain their position as a gatekeeper.
> I'm curious is there any evidence of this?
See the SCOTUS case at my previous [1]. Universal Studios sued Sony over their new "Betamax" video tape recorders, arguing they were liable under the Lanham Act because their device could record video, which could be copyright infringement.
For more recent examples, see the requirements in DVD/BD licensing that force playback of ads and allow disks to disable various features (like fast-forward or track-skip during an ad).
What industry are you referring to here - the tech sector, the entertainment industry? This is rather vague. Also which tax are you referring to? Who are the "incumbents"?
To me, it is rather the other way round: As Netflix offers no DRM-free version, I will never subscribe. So in other words: by insisting on DRM, the movie industry openly states that they don't want any money from people who don't want DRM.
But if you "reverse" this sentence "in a hacker way", this means that they are not losing any money, if DRM-haters pirate (because they just stated that they don't want the DRM-haters' money).
Thus, in my opinion is quite a pro-pirating slogan coming from the mouth of Hollywood.
I do not get your point. Perhaps I misunderstand it, because English is not my mother tongue.
I do not see a problem. First: If I really download a lot, I will soon get out of disk space (even if I own a NAS). Second: Netflix adds new movies/series all the time to its library. So there is an incentive to stay a subscriber.
I'd pay for one month of Netflix every two years instead of monthly, without question.
The primary benefit of DRM free netflix is to watch higher resolution videos on any browser that isn't Edge. [1]
I can imagine that in this case Netflix would just have to change the price model somewhat: Make the first month much more expensive than the following ones to give a disincentive for canceling the subscription. At least this pricing model is applied by many software companies who love to sell subscriptions for their software.
Sure they could have used a different business model, but had they, we wouldn't be talking about Netflix.
I can already torrent anything I want. But I don't because it's easier for me just to pay.
How so? Can you not find Netflix shows on piracy sites?
If you mean "Netflix has been successful in getting people to pirate less" that has nothing to do with the DRM, but with the fact that Netflix is a cheap and convenient enough service to stop many people from wanting to watch pirated content.
I wonder, if it is so "in vain", why have so many folks been so spooked by it (e.g. Stallman, Doctorow)? Are they worried about the needless increased cost to consumers, or maybe they think it might actually work well enough? If you are really against DRM, I don't get how saying DRM "will never work" will help avoid it.
I worked at TI on OMAP MShield, TrustZone stuff (iirc we were the first (w/ Galaxy Nexus) to have good-enough DRM to be the first to have Netflix HD) and later at Trustonic which is the OS (and more) vendor of AMD PSP and many ARM-based devices.
Everyone* knew that some use-cases of DRM meant a single successful hack meant the content being leaked. It is mostly the low-level designers (CPU arch, physical die, OS/firmware etc) to be responsible for making it more difficult/expensive. Some use-cases will be necessarily be concerned with simpler attacks e.g. recording a few key pages of a secure/DRMed PDF with a hidden camera (and thus more complex protections like a Central Licensing, watermarking server becoming involved). There are some use-cases of DRM where leaks are not a big issue (e.g. a more dynamic content which involves occasionally communicating with peers/servers).
[*] This is probably not true. That basic case is easy enough to see, but I've personally seen other schemes where customers leave out key steps or end up trusting something that shouldn't be trusted.
@hlandau makes good points, I think.
I've always been on the fence regarding DRM. I think property rights seem like a decent idea so why not extend that to the digital realm? Do we not want digital scarce goods, collectibles? Is a technical enforcement of property rights superior to meat-space? I see many cool uses for DRM, trusted computing (and in the end I think it would transfer power from publishers, platforms, manufacturers to creators and owners). It's interesting (and makes sense) to see how blockchain people are generally in favor of trusted computing (though for many it seems to be too much of a "silver bullet"); iirc bitcoin wallets were some of our first customers after video DRM.
I've talked with many folks over the years (including EFF people) and I've still not gotten a sense of why the theory of DRM is bad (I would agree that most implementations have been horrible), other than it starting a snowball towards a cyberpunk dystopia future, maybe. I 100% agree that "you own the device, you should be able to control it". That means I support the right to tinker, am against DMCA, and think owners of devices should be able to run whatever software they prefer and be able to wipe, disable, replace whatever they want (e.g. root of trust). While I worked at Trustonic, I pestered the CEO many times (and rallied co-workers to do the same) to open source the OS. In the end there was (allegedly) not a good enough business reason to do so (and of course open source competitors began to pop up: trusty, tlk, OP-TEE, etc).
What does digital scarcity even mean ? You are just transferring the scarcity from the origin, i.e., the creator's resources, to the final output, which is not scarce at all in reality. We have accepted a model where the cost of the investment is recuperated after the fact. Hence, we need the artificial scarcity once the output is produced. If you change it to a patron model where something is only produced if it is funded, you don't need to make it artificially scarce. That is not very profitable of course.
In a world of trusted computing, it might mean some amazing HD+++ digital image being one-of-a-kind (and having some attestation/proof of origin, authorship, etc), even if there are lower res/quality versions out there for cheaper/free. It also might mean other granularities to accessing the data like functional permissions (e.g. for this version of the encrypted, wrapped data, the computer is only allowed to apply function X (265a1b..), or function Y (f00fe7..) is blacklisted, or the computer is allowed to view once or infinitely, etc). That might sound like shit to many, but certainly not to all.
Obviously the former. They are both focused on ethical issues related to computing, which DRM has many implications for despite it's complete inability to achieve its stated goals.
> If you are really against DRM, I don't get how saying DRM "will never work" will help avoid it.
The idea is that if the companies pushing DRM realize that they are spending a ton of money pushing something that is useless, they will stop. Personally I don't think this is a viable strategy simply because it requires a level of rational thought from large companies that they clearly are incapable of acting on.
2. You agree with "I think property rights seem like a decent idea so why not extend that to the digital realm"
thus, if you own the device and the physical property rights with it, and you want to extend the property rights into the digital realm, you should also own the software on the device. Isn't that the logical conclusion?