Cursed Tongue: DRM, Drugs and Rock and Roll

Posted by CursedTongue on March 24, 2007

This week competitors, Steve Jobs and Bill Gates, agreed that Digital Rights Management (DRM) is a bane to consumers who buy entertainment “protected” by it, and does little or nothing to deter music theft. It’s curious that these two mortal tech company enemies should agree on anything, so it’s got to be true, right?

Jobs was quoted as saying, “Imagine a world where every online store sells DRM-free music encoded in open licensable formats. In such a world, any player can play music purchased from any store, and any store can sell music which is playable on all players.”

Despite another possible infringement on the intellectual property of the Beatles, Jobs seems to understand that DRMs are yet another form of consumer abuse, and don’t stop piracy. He then goes on to verbally commit Apple to selling only DRM-free music if the Big Fat Four Music Companies would license Apple their music without requiring DRM. I think we can consider that verbal contract and if Jobs doesn’t follow through we can sue him. Leaving him to wonder why “silly” lawsuits always happen to him.

Some believe Jobs is disingenuous, and that dropping DRM will hurt iPod sales. But I’m willing to bet that for each person who loves iTunes but wants to use Microsoft’s Zune MP3 player, there is another that would love an iPod, but doesn’t want to be stuck with buying digital music from iTunes. Of course, iTunes is a big forum for digital music sales, and it seems to me that Apple should have control over what it sells. Why isn’t the DRM disapproving Jobs telling music companies that iTunes will only sell music unhindered by DRM, and if they don’t like it they can go suck frostbitten lemons? (I think the Wal-Mart model of supplier bullying would work well here.)

DRMs assume that people are guilty until proven innocent. The big four music companies haven’t batted a fake, glittery eyelash at suing 11 year-olds for digital file sharing (allegations that are very difficult to prove), and are not the consumer’s friend. Treating consumers with a little respect wouldn’t necessarily stop piracy, but I believe it would increase the value of digital music and therefore increase sales. I say we assume that record execs forgot to take their meds until they stop acting more paranoid than an alien abductee.

Personally, I have refused to buy any digital music. It’s not in my best interest when I can buy an overpriced CD, which is completely free of copy protection, and rip my own MP3s. (Or rather, sweet-talk my husband into doing it for me.) The disadvantage is that I usually end up with “dud” songs that sound kind of like the one I bought the CD for, but just don’t ever grow on me.

Microsoft has built DRM controls into the Vista Operating System, meaning that video cards and other peripherals without DRM support may not work on computers running Vista. The inclusion of DRM is at odd with Gates’ beliefs that the current system of DRM, is not beneficial to consumers. His advice to music buyers is: “People should just buy a CD and rip it.” (Not a surprise, considering that there is no Microsoft equivalent to iTunes.)

Top-level executives at EMI apparently stopped inhaling nose candy, and constructing tin-foil hats long enough to realize that DRM is hurting their music sales. Piracy is growing and digital music sales are decreasing. I’m not saying that betrayed consumers, unable to back up their music collection, are stealing music. I’m sure the upright citizens of Earth who are lucky enough to be blessed with computers and MP3 players would never do that. But consumers are more likely to think twice about the value of a song with DRM limitations.

We know DRMs don’t work because even songs exclusive to iTunes materialize on peer to peer networks, available for illegal download. The purpose of the DRM, then, seems to be limiting use of content to certain devices (for example protected iTunes music plays only on iPods) and limits the number of computers that can contain the information. And forces consumers to re-purchase content every time formats change, and re-buying content that was slightly scratched after I had trouble yanking the DVD out of the case and dropped it on the floor, which happens so often, I’m sure it’s me that’s defective.

The normal user can’t just back up or transfer content that is placed in the Ivory Tower of DRM. This is not a problem for pirates on the high seas of the World Wide Web. (Just like it’s not a problem for criminals to buy unregistered semi-automatic weapons.)

But don’t believe for a minute that the Rapture is neigh because Gates and Jobs have agreed on something and that something is actually in the best interest of consumers. Because while they talk about the evils of DRM, Microsoft and Apple still support them. And it will be a peaceful day in Iraq before the other three record companies recycle their foil hats and treat consumers like the people who keep them employed instead of criminals.

- Sarah Letnes

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