WEBVTT - The DRM Episode

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<v Speaker 1>Welcome to tech Stuff, a production from I Heart Radio.

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<v Speaker 1>Hey there, and welcome to text Stuff. I'm your host

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<v Speaker 1>job in Strickland. I'm an executive producer with I Heart Radio.

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<v Speaker 1>And how the tech are you Today? We're going to

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<v Speaker 1>talk about the history and evolution and scope of digital

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<v Speaker 1>rights management or d r M. Recently, I was talking

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<v Speaker 1>about n f t s, you know, non fungible tokens,

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<v Speaker 1>and why I find that whole concept frustrating. But I

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<v Speaker 1>also I made a I made a whoopsie an error

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<v Speaker 1>when I was doing that, and so big thanks to

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<v Speaker 1>Jason Stadler on Twitter for pointing this out letting me

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<v Speaker 1>know also did it in a really cool way, like

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<v Speaker 1>it could have said like you're an idiot, and didn't,

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<v Speaker 1>so I appreciate that a lot. But in way, the

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<v Speaker 1>mistake I made is that I had said, if you

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<v Speaker 1>look at n f t s as a way to

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<v Speaker 1>support artists, it's not really that effective because the artist

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<v Speaker 1>only gets paid once on that initial point of sale.

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<v Speaker 1>So let's say that I make you know a little

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<v Speaker 1>piece of digital music, and I create a digital token

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<v Speaker 1>and n f T to represent the ownership of that

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<v Speaker 1>piece of music, and I sell it to you for

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<v Speaker 1>a dollar and then you turn around and sell it

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<v Speaker 1>for ten dollars. Then well you made money off of it,

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<v Speaker 1>but all I made was the dollar. Well, Stabler, include

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<v Speaker 1>me in that, you know, because you're talking about a

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<v Speaker 1>blockchain approach where every single transaction becomes part of the chain.

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<v Speaker 1>You can trace it from point to point and see

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<v Speaker 1>how many times a token changes hands. You can actually

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<v Speaker 1>code in essentially a royalty feature in n f t

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<v Speaker 1>s so that the creator of the n f T

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<v Speaker 1>receives a little payout every time the n f T

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<v Speaker 1>goes through a transaction. So in that way, n f

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<v Speaker 1>t s are actually superior to a physical piece of

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<v Speaker 1>art because an artist can only sell an original work

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<v Speaker 1>of art once. Uh. They could, you know, create copies

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<v Speaker 1>and and and sell those as well, but the original

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<v Speaker 1>they only sell once and then whatever happens after that,

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<v Speaker 1>it's out of the artist's hands literally, So in that way,

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<v Speaker 1>n f t s can be superior. U. I still

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<v Speaker 1>think that they are wasteful, uh and speculative, but that

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<v Speaker 1>is an important thing to actually note, So thank you

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<v Speaker 1>against Tadler. Anyway, that got me to thinking about digital

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<v Speaker 1>rights management, and the whole point of DRM is ostensibly

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<v Speaker 1>to make certain that the party that holds the intellectual

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<v Speaker 1>rights to a certain digital property is able to exercise

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<v Speaker 1>those rights. Uh, you know, digital stuff is different from

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<v Speaker 1>physical stuff. I mean, that's one of the reasons that

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<v Speaker 1>n f t s are a thing, right, is that

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<v Speaker 1>you can't treat digital the same way you would, you know,

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<v Speaker 1>an analog physical thing, because you can copy stuff and

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<v Speaker 1>easily distribute it wholesale, as opposed to if if I'm

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<v Speaker 1>selling something physical that that takes a lot more effort

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<v Speaker 1>to make a copy and transfer it. So that's the idea,

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<v Speaker 1>but in practice it's typically used to prevent folks from

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<v Speaker 1>gaining unauthorized access to hardware or software, particularly in the

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<v Speaker 1>Internet age, though the concepts of d r M actually

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<v Speaker 1>predate the Internet, and often folks will use the term

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<v Speaker 1>as a blanket term when really they might mean something

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<v Speaker 1>more specific like copy protection, which is one aspect of DRM,

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<v Speaker 1>or they might mean technological protection measures, which I would

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<v Speaker 1>argue is a little more broad than DRM. But anyway,

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<v Speaker 1>it's meant to cut off people's ability to copy or

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<v Speaker 1>steal stuff, or, as is frequently the case with tech

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<v Speaker 1>like printers, for example, to go outside a company's ecosystem.

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<v Speaker 1>By that, I mean companies like Cannon have incorporated DRM

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<v Speaker 1>to prevent people from using just any kind of toner

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<v Speaker 1>cartridge with their Cannon printers, something that the company recently

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<v Speaker 1>had to walk back a bit. In fact, let's talk

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<v Speaker 1>about that for a moment. So Cannon was using toner

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<v Speaker 1>cartridges that had a little chip in them, and the

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<v Speaker 1>Cannon printer would scan and look for that chip to

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<v Speaker 1>verify that the toner you just put into the uh,

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<v Speaker 1>the toner cartridge that you just put into the printer

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<v Speaker 1>was in fact an official Cannon toner cartridge. And this

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<v Speaker 1>is kind of a DRM. If it didn't detect the chip,

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<v Speaker 1>then you wouldn't be able to use the toner because

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<v Speaker 1>the printers like, no, no, no, you should only be

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<v Speaker 1>using Cannon toner. Uh. We all know that printers the

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<v Speaker 1>the where the money is in that toner, right, Like

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<v Speaker 1>you can buy a printer for an amazingly cheap price

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<v Speaker 1>as the toner that's gonna cost you, like just just

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<v Speaker 1>after a year or two, you're gonna spend way more

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<v Speaker 1>on toner than you ever did on the printer. So

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<v Speaker 1>the only way that works, obviously is if you can

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<v Speaker 1>lock people into that ecosystem, because if they have an

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<v Speaker 1>option to go somewhere else to get the toner where

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<v Speaker 1>they can get it more, you know, cheap than the

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<v Speaker 1>official source, that's what they're gonna do. So the way

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<v Speaker 1>Cannon was trying to get around that was by using

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<v Speaker 1>little chips embedded in the toner cartridges so that users

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<v Speaker 1>would be forced to get those cartridges to use with

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<v Speaker 1>their Cannon printers. But now we're in a semiconductor shortage

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<v Speaker 1>and Cannon can't actually get hold of the materials to

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<v Speaker 1>make the chips to embed in their toner cartridges, which

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<v Speaker 1>means that Cannon's had to produce toner cartridges that don't

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<v Speaker 1>have the chip, And it also means that Cannon has

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<v Speaker 1>had to instruct users on how to use those those

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<v Speaker 1>cartridges and bypass the d r M systems that are

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<v Speaker 1>otherwise in place. Typical technically, what that means is Cannon's

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<v Speaker 1>teaching people how they can get a work around on

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<v Speaker 1>the system that is supposed to lock you into the

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<v Speaker 1>Cannon ecosystem, where you know, theoretically you can go outside

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<v Speaker 1>of it now because Cannon's just told you how it works.

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<v Speaker 1>But yeah, that's that's one of the downfalls of d

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<v Speaker 1>r M. Now, the folks who hold intellectual property rights

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<v Speaker 1>saw DRM as a necessity in order to actually, you know,

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<v Speaker 1>profit off of the i P that they owned. So

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<v Speaker 1>you can think of it kind of like a lock

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<v Speaker 1>that's on some piece of technology, and only legit customers

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<v Speaker 1>are given a key to use it and only under

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<v Speaker 1>specific circumstances, or as the Free Software Foundation puts it,

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<v Speaker 1>DRM isn't really about protecting copyright or i P, but

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<v Speaker 1>rather controlling the use of i P, as is clearly

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<v Speaker 1>the case with the cannon printers. Also, DRM really describes

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<v Speaker 1>an overall philosophy and strategy, not a specific implementation. There

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<v Speaker 1>are a few really popular implementations of d r M

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<v Speaker 1>and a couple of flavors of that, but it's it's

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<v Speaker 1>more of a this is what this technology does, as

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<v Speaker 1>opposed to this is a very specific tech, uh, and

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<v Speaker 1>some people use totally different DRM methodologies than others, so

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<v Speaker 1>it's not a singular technology or anything like that. There

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<v Speaker 1>have been so many bad DRM implementations that I think

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<v Speaker 1>a lot of folks in the text space immediately associate

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<v Speaker 1>DRM with frustration and anger and betrayal. A bad DRM

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<v Speaker 1>solution can become a real pain in the patookas for

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<v Speaker 1>legit users of tech. For example, there are video games

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<v Speaker 1>that have DRM protections in it where it's been shown

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<v Speaker 1>that the d r M actually negatively impacts the performance

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<v Speaker 1>of the game on gamers machines, So you might have

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<v Speaker 1>things like dropped frames, or you might not be able

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<v Speaker 1>to set the graphics settings as high as you think

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<v Speaker 1>you should based upon your hardware, because the the involvement

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<v Speaker 1>of DRM is actually impacting the quality of your experience.

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<v Speaker 1>And perhaps the most exasperating thing is that in many

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<v Speaker 1>cases it doesn't actually solve the problem it's meant to tackle.

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<v Speaker 1>So in our lock analogy, imagine you've got a gate

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<v Speaker 1>with a lock on it, and you've got a key

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<v Speaker 1>for that lock. But sometimes the lock sticks right, Sometimes

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<v Speaker 1>the key gets stuck in the lock and you can't

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<v Speaker 1>even turn it or pull it back out, and it's

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<v Speaker 1>just a pain to operate. Meanwhile, you look over and

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<v Speaker 1>you see a bunch of folks casually standing nearby with

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<v Speaker 1>a big old pair of bolt cutters, and you realize, well,

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<v Speaker 1>they just have to get the lock off once and

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<v Speaker 1>then they can actually go in and out of the

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<v Speaker 1>gate as much as they like and you know, that

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<v Speaker 1>seems to be the preference. That's that's the better way

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<v Speaker 1>of doing things. So d r M, a lot of

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<v Speaker 1>people argue, not only does it not solve the problem

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<v Speaker 1>of say piracy uh or or having ownership over i P,

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<v Speaker 1>it also hurts the legit users or customers who are

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<v Speaker 1>are purchasing this stuff. But let's not get too far

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<v Speaker 1>ahead of ourselves. Let's well, we're gonna start by talking

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<v Speaker 1>about the history of d r M and the various

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<v Speaker 1>laws that have made an imperfect solution even more of

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<v Speaker 1>a problem, because y' all, this starts to get absurd

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<v Speaker 1>when you start really thinking about it. Now, many decades ago,

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<v Speaker 1>even before the era of personal computers, we're talking like

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<v Speaker 1>nineteen fifties nineteen sixties, you typically encountered computer systems in

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<v Speaker 1>just a few environments. One might be academia like universities,

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<v Speaker 1>you know, like Stanford and m I. T. They were

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<v Speaker 1>working on uter systems and furthering the discipline of computer science.

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<v Speaker 1>Another was in certain think tanks. They might have had

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<v Speaker 1>access to computers, and a few businesses were starting to

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<v Speaker 1>adopt them. So by the nineteen sixties you had a

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<v Speaker 1>few big companies purchasing massive computer systems to run processes

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<v Speaker 1>in the background. All right, this was not yet the

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<v Speaker 1>era of desktop computers. That would take another decade and

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<v Speaker 1>some change. Really, uh, you, we're really looking at massive

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<v Speaker 1>main frames for the most part. Now, in the early days,

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<v Speaker 1>computers and their software were tightly coupled. You had proprietary

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<v Speaker 1>computer systems running proprietary software and it was only through

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<v Speaker 1>that pairing with specific hardware and specific software that everything worked.

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<v Speaker 1>Like you couldn't port the software over to a different

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<v Speaker 1>computer system because it wasn't compatible. In fact, in some

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<v Speaker 1>cases you were working with a hard wire system, a

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<v Speaker 1>hard coded system, where the computer system could perform certain

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<v Speaker 1>processes because it was hardwired to do that, and you

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<v Speaker 1>couldn't separate software from hardware. It was effectively firmware. So

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<v Speaker 1>the program would just live on a single computer and

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<v Speaker 1>that was that. But towards the end of the nineteen sixties,

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<v Speaker 1>things were starting to change and IBM saw that its

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<v Speaker 1>customers needed more flexibility. There was a need to be

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<v Speaker 1>able to move programs between machines, or to make backup

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<v Speaker 1>copies of software so that you would have a backup

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<v Speaker 1>available should something happen to your primary copy. But creating

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<v Speaker 1>that kind of capability would also mean that customers would

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<v Speaker 1>more easily be able to make illegal copies of software.

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<v Speaker 1>What if someone were to give away copies of that

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<v Speaker 1>software to colleagues, maybe even people in other companies, you know,

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<v Speaker 1>companies that had not purchased the software, IBM would then

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<v Speaker 1>be out of a customer. So we'll talk about what

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<v Speaker 1>IBM did in just a moment, but first let's take

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<v Speaker 1>a quick break. Okay, So IBM is looking at ways

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<v Speaker 1>to allow customers more flexibility with their software, but also

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<v Speaker 1>preventing the wholesale copying of software, so that IBM doesn't

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<v Speaker 1>just sell one copy and then that's it, right, Then

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<v Speaker 1>it just goes viral as people start copying. And of

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<v Speaker 1>course these are this is the old days, is pre Internet,

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<v Speaker 1>or at least pre Internet in any meaningful way, and

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<v Speaker 1>so you know, we're talking about physical copies at this point,

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<v Speaker 1>and one of the things they were looking at was

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<v Speaker 1>a cryptographic approach. This would be like the lock and

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<v Speaker 1>key technique I was talking about before the break, where

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<v Speaker 1>only entities that have a legit key would be able

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<v Speaker 1>to use that software. But IBM saw that this was

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<v Speaker 1>a poor swan because it would make the software harder

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<v Speaker 1>to use, and perhaps most important, it would be expensive

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<v Speaker 1>for IBM to implement. And also there was a concern

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<v Speaker 1>that if you were to update your system, the method

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<v Speaker 1>of encryption may no longer be valid, that you would

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<v Speaker 1>have to consistently update the DRM as well as whatever

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<v Speaker 1>the operating system was. It was just it was becoming

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<v Speaker 1>a nightmare. And so what s Humphrey, who worked at

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<v Speaker 1>IBM in the nineteen sixties would end up saying, quote,

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<v Speaker 1>because we could not devise practical physical security measures, we

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<v Speaker 1>had to rely on the inherent honesty of our customers.

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<v Speaker 1>Our hope was that legal protection and criminal prosecution would

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<v Speaker 1>limit the piracy problem end quote. So in other words,

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<v Speaker 1>IBM came to the conclusion that forcing any kind of DRM,

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<v Speaker 1>although it wasn't called it that yet uh would end

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<v Speaker 1>up causing more harm than good. So IBM decided not

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<v Speaker 1>to go down that route that we would later call

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<v Speaker 1>DRM because the downsides were greater than the positives. At

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<v Speaker 1>least that's the conclusion the company came to in the

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<v Speaker 1>nineteen sixties. If you flash forward three decades, the company

0:14:10.080 --> 0:14:12.440
<v Speaker 1>who had a very different point of view, and we'll

0:14:12.440 --> 0:14:16.439
<v Speaker 1>get there now. In the late nineteen seventies, Apple executives

0:14:16.440 --> 0:14:19.160
<v Speaker 1>and managers were deep in a conversation about creating a

0:14:19.200 --> 0:14:22.840
<v Speaker 1>solution to protect Apple software and prevent folks from being

0:14:22.880 --> 0:14:26.120
<v Speaker 1>able to make copies of it. So this is the

0:14:26.240 --> 0:14:30.080
<v Speaker 1>early age of personal computers, where you frequently would purchase

0:14:30.160 --> 0:14:33.160
<v Speaker 1>programs on a floppy disk, and you would insert that

0:14:33.160 --> 0:14:37.200
<v Speaker 1>floppy disk into a floppy disk drive attached to a computer,

0:14:37.640 --> 0:14:40.760
<v Speaker 1>and then you would run a program off the disk. Well,

0:14:40.840 --> 0:14:43.840
<v Speaker 1>with the ability to copy the contents of one disk

0:14:44.040 --> 0:14:47.480
<v Speaker 1>onto a blank disc, that meant there was a risk

0:14:47.600 --> 0:14:50.240
<v Speaker 1>that you would sell one copy, the customer would then

0:14:50.240 --> 0:14:52.800
<v Speaker 1>produce a ton of copies on their own and then

0:14:52.840 --> 0:14:56.480
<v Speaker 1>either undercut you or worse yet, distribute them for free

0:14:56.520 --> 0:15:00.680
<v Speaker 1>to other people. I think of the children. So folks

0:15:00.720 --> 0:15:06.560
<v Speaker 1>like Randy Wingington and Apple's co founder Steve Wozniak debated

0:15:06.680 --> 0:15:10.400
<v Speaker 1>on solutions that could cut back on or outright prevent

0:15:10.920 --> 0:15:15.440
<v Speaker 1>software piracy. They outlined different levels of DRM. Again, it

0:15:15.480 --> 0:15:18.120
<v Speaker 1>wasn't called DRM. It was really was more like levels

0:15:18.160 --> 0:15:22.840
<v Speaker 1>of copy protection. So if a copy protection were perfect,

0:15:23.160 --> 0:15:25.120
<v Speaker 1>they would describe it as level one. It would be

0:15:25.120 --> 0:15:28.960
<v Speaker 1>the most restrictive and it would prevent attempts to copy

0:15:29.000 --> 0:15:32.480
<v Speaker 1>the software illegally. Uh, and it went all the way

0:15:32.560 --> 0:15:35.120
<v Speaker 1>down to level five. This would be the least secure

0:15:35.720 --> 0:15:38.760
<v Speaker 1>at eight percent effectiveness. So there's still some copy protection

0:15:38.800 --> 0:15:41.760
<v Speaker 1>there um. And essentially what they were saying is we

0:15:41.880 --> 0:15:44.160
<v Speaker 1>you know this, this level of copy protection. Eight out

0:15:44.200 --> 0:15:47.640
<v Speaker 1>of ten computer users would not bother to try and

0:15:47.680 --> 0:15:51.000
<v Speaker 1>work around it. But if you were determined, you could

0:15:51.000 --> 0:15:55.320
<v Speaker 1>find your way around that copy protection. And again, this

0:15:55.400 --> 0:15:59.520
<v Speaker 1>was just a way of classifying potential solutions. And we

0:15:59.680 --> 0:16:02.760
<v Speaker 1>know about all of this because a person who goes

0:16:02.880 --> 0:16:07.400
<v Speaker 1>by the handle of vader Mere on Reddit happened to

0:16:07.520 --> 0:16:11.800
<v Speaker 1>come across a bundle of Apple internal memos, like the

0:16:11.840 --> 0:16:15.920
<v Speaker 1>physical paper and ink kind of memos. They found the

0:16:15.960 --> 0:16:19.040
<v Speaker 1>bundle of documents in a goodwill store, and those documents

0:16:19.080 --> 0:16:21.960
<v Speaker 1>detailed the back and forth between various engineers and Apple

0:16:22.520 --> 0:16:27.720
<v Speaker 1>about potential copy protection solutions, and nearly every proposal was

0:16:27.760 --> 0:16:31.080
<v Speaker 1>dismissed as either being too easy to get around or

0:16:31.160 --> 0:16:35.000
<v Speaker 1>too difficult to implement, or too expensive to consider, or

0:16:35.000 --> 0:16:39.080
<v Speaker 1>too inconvenient for the end user, or some combination thereof.

0:16:39.760 --> 0:16:44.160
<v Speaker 1>So again, these were very smart people all debating the

0:16:44.240 --> 0:16:48.600
<v Speaker 1>possibility of creating various copy protection strategies and realizing the

0:16:48.680 --> 0:16:52.760
<v Speaker 1>downsides might be greater than any kind of benefit they

0:16:52.840 --> 0:16:56.960
<v Speaker 1>might grant. I actually remember computer games in the nineteen

0:16:57.000 --> 0:17:00.000
<v Speaker 1>eighties that would have their own takes on copy protection,

0:17:00.040 --> 0:17:04.240
<v Speaker 1>and these wouldn't necessarily count as DRN, but there is

0:17:04.280 --> 0:17:07.600
<v Speaker 1>some overlap with DRM there. For example, I remember I

0:17:07.640 --> 0:17:09.840
<v Speaker 1>had a game that would prompt you to provide an

0:17:09.840 --> 0:17:12.720
<v Speaker 1>answer to a question early on in the game. Like

0:17:12.760 --> 0:17:15.560
<v Speaker 1>you could start the game, you could start playing, but

0:17:15.640 --> 0:17:18.639
<v Speaker 1>before very long you would get a question posed to

0:17:18.640 --> 0:17:21.840
<v Speaker 1>you and the answer would be found in the game's manual.

0:17:22.240 --> 0:17:25.720
<v Speaker 1>Like back then, games came with physical manuals that you

0:17:25.720 --> 0:17:29.320
<v Speaker 1>would have. Uh. Some of those manuals would be printed

0:17:29.400 --> 0:17:33.399
<v Speaker 1>on dark paper, dark ink on dark paper, because the

0:17:33.440 --> 0:17:37.359
<v Speaker 1>game companies figured that folks weren't just copying video games

0:17:37.359 --> 0:17:40.119
<v Speaker 1>onto blank discs, they were also going to the local

0:17:40.200 --> 0:17:44.560
<v Speaker 1>photocopier and copying the manuals too, and getting around this

0:17:44.640 --> 0:17:48.560
<v Speaker 1>kind of rudimentary copy protection strategy. So the dark paper

0:17:48.560 --> 0:17:51.159
<v Speaker 1>with dark ink would foil most copiers. They would just

0:17:51.240 --> 0:17:53.800
<v Speaker 1>produce black pages. I want to say one of the

0:17:53.840 --> 0:17:57.199
<v Speaker 1>Wizardry games did that, but I could be wrong, But

0:17:57.280 --> 0:18:00.040
<v Speaker 1>playing those games was kind of a hassle because you

0:18:00.080 --> 0:18:02.400
<v Speaker 1>have to have the manual handy and flip through it

0:18:02.800 --> 0:18:04.879
<v Speaker 1>while all you really wanted to do was just play

0:18:04.920 --> 0:18:06.800
<v Speaker 1>the darn game. Let's say that you know, you went

0:18:06.840 --> 0:18:09.240
<v Speaker 1>out there and bought the game with your hard earned money,

0:18:09.400 --> 0:18:13.320
<v Speaker 1>like for me from cutting the lawn over and over again,

0:18:13.480 --> 0:18:15.480
<v Speaker 1>even if it didn't need it. Gosh darn it, because

0:18:15.480 --> 0:18:19.680
<v Speaker 1>I needs those games. And I end up handing over

0:18:19.760 --> 0:18:22.160
<v Speaker 1>my allowance money or the law and more money, whatever

0:18:22.160 --> 0:18:23.879
<v Speaker 1>it was, And and I get a game, and I

0:18:23.920 --> 0:18:26.720
<v Speaker 1>come home and now it's just a pain in the

0:18:26.720 --> 0:18:29.200
<v Speaker 1>butt to play because there's this copy protection I have

0:18:29.280 --> 0:18:32.320
<v Speaker 1>to get around. Uh. That plays into the issue with

0:18:32.400 --> 0:18:36.960
<v Speaker 1>DR and potentially being inconvenient for legit users. In fact,

0:18:37.440 --> 0:18:39.240
<v Speaker 1>it would start to tell you that maybe I just

0:18:39.280 --> 0:18:41.400
<v Speaker 1>want a cracked version of this game so I don't

0:18:41.480 --> 0:18:43.760
<v Speaker 1>have to deal with that. It's not because I want

0:18:43.760 --> 0:18:46.920
<v Speaker 1>to steal the game, but just because this is a

0:18:46.960 --> 0:18:51.120
<v Speaker 1>barrier between me and experiencing the thing I want to experience.

0:18:52.040 --> 0:18:55.520
<v Speaker 1>But we really shifted into high gear with DRM in

0:18:55.560 --> 0:18:58.399
<v Speaker 1>the nineteen nineties. This is also when we saw the

0:18:58.440 --> 0:19:01.200
<v Speaker 1>birth of the World Wide Web, which for many people

0:19:01.480 --> 0:19:04.760
<v Speaker 1>was their first exposure to the Internet. And again, the

0:19:04.800 --> 0:19:07.359
<v Speaker 1>Internet had actually been around for a while before the

0:19:07.400 --> 0:19:10.560
<v Speaker 1>Worldwide Web came along, but really only a fraction of

0:19:10.600 --> 0:19:13.480
<v Speaker 1>the general public were even aware that it was a thing.

0:19:14.240 --> 0:19:18.360
<v Speaker 1>Most people didn't know. Unless you were, you know, actively

0:19:18.400 --> 0:19:21.159
<v Speaker 1>working on our bonnet, or you were a college student

0:19:21.200 --> 0:19:23.760
<v Speaker 1>at the time in in one of the computer labs,

0:19:24.240 --> 0:19:27.160
<v Speaker 1>you probably didn't even know the Internet existed. The Web

0:19:27.240 --> 0:19:30.520
<v Speaker 1>represented a new way to access information, and that included

0:19:30.600 --> 0:19:34.640
<v Speaker 1>information that could be under copyright protection. And you know, well,

0:19:34.680 --> 0:19:38.679
<v Speaker 1>folks say information wants to be free, the parties that

0:19:38.760 --> 0:19:42.760
<v Speaker 1>hold copyrights might not always feel the same way. Now,

0:19:42.840 --> 0:19:47.399
<v Speaker 1>I should add this is understandable if you were to

0:19:47.440 --> 0:19:51.600
<v Speaker 1>pour your time and effort and talent into creating something

0:19:52.400 --> 0:19:55.280
<v Speaker 1>like let's say it's a novel, and you wanted to

0:19:55.359 --> 0:19:58.000
<v Speaker 1>earn money off your work. If you thought this is

0:19:58.080 --> 0:20:02.560
<v Speaker 1>something worth paying for, I want to become a professional novelist,

0:20:03.359 --> 0:20:06.399
<v Speaker 1>you would be concerned about folks skirting around the whole

0:20:07.040 --> 0:20:11.280
<v Speaker 1>paying for your work thing. They'd get to experience your work,

0:20:11.760 --> 0:20:14.800
<v Speaker 1>but you'd make no profit from it. Now, I say

0:20:14.840 --> 0:20:18.439
<v Speaker 1>this because I know I tend to come down pretty

0:20:18.480 --> 0:20:24.080
<v Speaker 1>hard against corporations and stuff and for lots of good reasons.

0:20:24.280 --> 0:20:28.480
<v Speaker 1>Corporations often make bone headed decisions. But I also want

0:20:28.480 --> 0:20:31.160
<v Speaker 1>to make it clear that I do see the need

0:20:31.280 --> 0:20:35.760
<v Speaker 1>and value of copyright, like I see the reason for it.

0:20:36.119 --> 0:20:39.000
<v Speaker 1>I don't think it needs to be nearly as extensive

0:20:39.040 --> 0:20:42.480
<v Speaker 1>as what we have here in America, but I digress. Also,

0:20:42.520 --> 0:20:45.680
<v Speaker 1>by the way, I say that as the son of

0:20:46.080 --> 0:20:50.520
<v Speaker 1>two authors who have published numerous books, the way copyright

0:20:50.600 --> 0:20:53.640
<v Speaker 1>law is right now, assuming that my parents were too

0:20:54.240 --> 0:20:59.080
<v Speaker 1>uh to grant the ongoing rights to either me or, say,

0:20:59.200 --> 0:21:04.040
<v Speaker 1>my sister, uh, we would be able to collect royalties

0:21:04.119 --> 0:21:07.880
<v Speaker 1>on works for the rest of our lives. Uh. But

0:21:08.240 --> 0:21:10.840
<v Speaker 1>you know, I don't care about that so much. I

0:21:10.840 --> 0:21:14.679
<v Speaker 1>think it needs to be less expansive than it is.

0:21:15.240 --> 0:21:19.159
<v Speaker 1>But I digress. So the ninety nineties hit and the

0:21:19.200 --> 0:21:23.359
<v Speaker 1>web provided a new way to distribute information and files,

0:21:23.359 --> 0:21:25.760
<v Speaker 1>so there was a need for some sort of mechanism

0:21:25.880 --> 0:21:30.600
<v Speaker 1>to make sure folks couldn't just steal stuff. Like if

0:21:30.600 --> 0:21:34.560
<v Speaker 1>you wanted to sell digital files on your website, you

0:21:34.600 --> 0:21:38.080
<v Speaker 1>would probably want a method to keep folks from copying

0:21:38.119 --> 0:21:43.600
<v Speaker 1>your products without limitations. But have no fear. A man

0:21:43.720 --> 0:21:47.560
<v Speaker 1>with a degree in sociology will soon be here as

0:21:47.600 --> 0:21:58.160
<v Speaker 1>soon as we take this quick break. Okay, before the break,

0:21:58.280 --> 0:22:03.200
<v Speaker 1>I teased the entrance of Victor Shear, so in nine

0:22:04.400 --> 0:22:09.159
<v Speaker 1>uh he founded a company called Electronic Publishing Resources, but

0:22:09.640 --> 0:22:14.479
<v Speaker 1>soon they renamed this company inter Trust. Sheer had an

0:22:14.520 --> 0:22:18.880
<v Speaker 1>amazingly prescient vision of what the Internet would allow. In fact,

0:22:18.920 --> 0:22:22.200
<v Speaker 1>this is before Tim berners Lee had established the first

0:22:22.240 --> 0:22:26.480
<v Speaker 1>web server. In fact, this is before the National Science Foundation,

0:22:26.840 --> 0:22:30.160
<v Speaker 1>which had dominion over the Internet back in those days,

0:22:30.600 --> 0:22:33.600
<v Speaker 1>had even lifted the restrictions on the commercial use of

0:22:33.640 --> 0:22:38.080
<v Speaker 1>the Internet. The NSF wouldn't do that till and Sheer

0:22:38.160 --> 0:22:43.360
<v Speaker 1>founded Electronic Publishing Resources the year before. So uh, he

0:22:43.400 --> 0:22:46.920
<v Speaker 1>really saw where where the path was leading. He saw

0:22:46.960 --> 0:22:49.160
<v Speaker 1>that the Internet was going to become the marketplace where

0:22:49.160 --> 0:22:53.600
<v Speaker 1>people would buy and sell digital goods. But how do

0:22:53.640 --> 0:22:56.560
<v Speaker 1>you make that work? How do you make a stable

0:22:56.720 --> 0:23:01.679
<v Speaker 1>marketplace for the the per just sing and selling and

0:23:01.760 --> 0:23:05.160
<v Speaker 1>transferring of digital goods so that it doesn't just become

0:23:05.200 --> 0:23:07.960
<v Speaker 1>a chaotic mess. How can you assure that the rights

0:23:08.000 --> 0:23:12.200
<v Speaker 1>holder to say, a certain song, will not see their

0:23:12.240 --> 0:23:15.919
<v Speaker 1>song just copied and distributed across the entire Internet. What

0:23:16.119 --> 0:23:19.399
<v Speaker 1>was needed was a method to wrap files up into

0:23:19.440 --> 0:23:22.719
<v Speaker 1>a container of some sort, and the container would have

0:23:22.920 --> 0:23:26.600
<v Speaker 1>special rules associated with it, rules that the container would

0:23:26.640 --> 0:23:29.959
<v Speaker 1>only uh, you know, allow users to do so, Like

0:23:30.280 --> 0:23:32.240
<v Speaker 1>if it was within the rule set, it was fine.

0:23:32.280 --> 0:23:34.760
<v Speaker 1>If it was outside, it wouldn't allow access to the

0:23:34.840 --> 0:23:39.119
<v Speaker 1>file inside the container. Rules like how many times the

0:23:39.160 --> 0:23:42.840
<v Speaker 1>file might be accessed. It could be something like a

0:23:42.840 --> 0:23:48.000
<v Speaker 1>a subscription service where you would have to continuously pay

0:23:48.000 --> 0:23:52.359
<v Speaker 1>a subscription fee in order to have continued use of

0:23:52.359 --> 0:23:55.320
<v Speaker 1>a specific file. Uh. Maybe it would be on how

0:23:55.359 --> 0:23:58.800
<v Speaker 1>many machines you can install the file. We saw this

0:23:58.880 --> 0:24:02.679
<v Speaker 1>a lot with music file else where companies were creating

0:24:02.760 --> 0:24:06.359
<v Speaker 1>limitations on how many machines you could install a particular

0:24:07.320 --> 0:24:10.520
<v Speaker 1>album before you would get a message saying sorry, you've

0:24:10.760 --> 0:24:14.119
<v Speaker 1>you've put this on the max number of machines you

0:24:14.160 --> 0:24:16.760
<v Speaker 1>can have it on. Same with video games like that.

0:24:16.760 --> 0:24:18.879
<v Speaker 1>That was a big thing with video games too, where

0:24:19.240 --> 0:24:22.439
<v Speaker 1>you could purchase a game and you might get a

0:24:22.440 --> 0:24:25.280
<v Speaker 1>message saying, no, you've already got this installed on another machine,

0:24:25.280 --> 0:24:27.760
<v Speaker 1>so you can't install it on this computer, which is

0:24:27.760 --> 0:24:29.240
<v Speaker 1>a real pain in the butt if you're doing things

0:24:29.320 --> 0:24:32.800
<v Speaker 1>like upgrading your computer system, or you happen to have

0:24:32.920 --> 0:24:34.960
<v Speaker 1>multiple computers and you just want to be able to

0:24:34.960 --> 0:24:39.200
<v Speaker 1>port the experience from one machine to another. DRM would

0:24:39.280 --> 0:24:43.840
<v Speaker 1>sometimes interfere with that, but anyway, Uh, those were the

0:24:43.840 --> 0:24:46.240
<v Speaker 1>sort of rules that would be associated with these containers.

0:24:46.280 --> 0:24:49.040
<v Speaker 1>That was Sheer's vision. Again, not bad for a fellow

0:24:49.080 --> 0:24:53.120
<v Speaker 1>who had a sociology degree, and he would file several

0:24:53.160 --> 0:24:57.520
<v Speaker 1>patents around this idea. And it was Sheer who called

0:24:57.560 --> 0:25:01.040
<v Speaker 1>it a digital rights Management strate to g so that's

0:25:01.040 --> 0:25:04.119
<v Speaker 1>where dr M comes from. The patents would end up

0:25:04.160 --> 0:25:07.560
<v Speaker 1>making headlines later on when Intertrust, a company that at

0:25:07.600 --> 0:25:11.520
<v Speaker 1>the time had fewer than forty employees, filed a massive

0:25:11.600 --> 0:25:16.960
<v Speaker 1>lawsuit against Microsoft claiming infringement, saying that Microsoft was making

0:25:17.040 --> 0:25:22.399
<v Speaker 1>use of DRM technology without actually paying Intertrust for for

0:25:22.480 --> 0:25:25.159
<v Speaker 1>using it. The battle would last a few years, but

0:25:25.280 --> 0:25:28.879
<v Speaker 1>Microsoft ultimately would settle out of court and pay Intertrust

0:25:29.040 --> 0:25:33.080
<v Speaker 1>hundreds of millions of dollars in the process. Something similar

0:25:33.119 --> 0:25:38.040
<v Speaker 1>happened between Intertrust and Apple almost a decade later. But

0:25:38.400 --> 0:25:42.320
<v Speaker 1>around that same time, work out of Xerox's famous park

0:25:42.600 --> 0:25:45.359
<v Speaker 1>department that's p a r C. It stands for Palo

0:25:45.400 --> 0:25:49.520
<v Speaker 1>Alto Research Center, they would develop a different approach to

0:25:49.600 --> 0:25:51.719
<v Speaker 1>d r M, one that took into account not just

0:25:51.840 --> 0:25:56.640
<v Speaker 1>copy protection, but the transference of files. That project would

0:25:56.720 --> 0:26:00.080
<v Speaker 1>evolve into a product called content Guard. So yeah, the

0:26:00.359 --> 0:26:05.399
<v Speaker 1>digibox from Intertrust and content Guard originally from Xerox, and

0:26:05.440 --> 0:26:09.760
<v Speaker 1>then IBM. You remember them, the company that said that

0:26:09.960 --> 0:26:13.440
<v Speaker 1>you know, a DRM approach would be bad for business. Well,

0:26:13.480 --> 0:26:18.679
<v Speaker 1>they developed a cryptographic envelope methodology to send files inside

0:26:18.760 --> 0:26:22.440
<v Speaker 1>as a type of DRM. They called it cryptolope, which

0:26:22.480 --> 0:26:24.960
<v Speaker 1>sounds like something too young vampires in love would do

0:26:25.080 --> 0:26:30.240
<v Speaker 1>if their parents didn't approve of their relationship. Cryptolope, You're

0:26:30.280 --> 0:26:34.320
<v Speaker 1>welcome anyway. By now, we were into the late nineties

0:26:34.480 --> 0:26:36.879
<v Speaker 1>and in the United States, Congress was hashing out a

0:26:36.920 --> 0:26:40.439
<v Speaker 1>new law to address copyright issues in the digital age.

0:26:41.480 --> 0:26:46.320
<v Speaker 1>In fact, this was the infamous Digital Millennium Copyright Act

0:26:46.520 --> 0:26:48.720
<v Speaker 1>or d m c A. Like when you hear about

0:26:48.720 --> 0:26:51.760
<v Speaker 1>someone getting a d m c A strike, it relates

0:26:51.800 --> 0:26:56.000
<v Speaker 1>back to this law, which became a law. Now. A

0:26:56.040 --> 0:26:58.000
<v Speaker 1>big reason for the d m c A was that

0:26:58.040 --> 0:27:00.639
<v Speaker 1>folks were now able to make digital copis of stuff

0:27:01.000 --> 0:27:03.640
<v Speaker 1>and make them available over the Internet, and a big

0:27:03.640 --> 0:27:06.600
<v Speaker 1>part of this was digital music. This was before the

0:27:06.640 --> 0:27:10.199
<v Speaker 1>iTunes music store that wouldn't launch until two thousand three.

0:27:10.320 --> 0:27:12.840
<v Speaker 1>But there was another way to get digital music. So

0:27:13.920 --> 0:27:15.800
<v Speaker 1>some of y'all might be too young to remember this,

0:27:16.480 --> 0:27:18.520
<v Speaker 1>but back in the day, the way you would get

0:27:18.520 --> 0:27:21.160
<v Speaker 1>digital music onto a device, you know, like an MP

0:27:21.320 --> 0:27:24.000
<v Speaker 1>three player, that's what we called him back then, before

0:27:24.040 --> 0:27:27.600
<v Speaker 1>we had smartphones. Well, you would take your music collection

0:27:28.040 --> 0:27:30.920
<v Speaker 1>from c d s and you would use a CD

0:27:31.160 --> 0:27:34.400
<v Speaker 1>ROM drive connected to a computer, and then you would

0:27:34.480 --> 0:27:37.440
<v Speaker 1>use a program to rip the music from those c

0:27:37.640 --> 0:27:40.800
<v Speaker 1>ds and convert them into music files, and then you

0:27:40.800 --> 0:27:44.400
<v Speaker 1>would transfer those files via a cable to the MP

0:27:44.480 --> 0:27:47.040
<v Speaker 1>three player. There was no wireless MP three's back in

0:27:47.119 --> 0:27:51.240
<v Speaker 1>those days, but this meant that you'd have musical files

0:27:51.520 --> 0:27:56.000
<v Speaker 1>on your computer. You could potentially send those files to

0:27:56.040 --> 0:27:59.040
<v Speaker 1>someone else or save them to some other disc and

0:27:59.160 --> 0:28:01.520
<v Speaker 1>you could listen to music without actually paying for it.

0:28:01.720 --> 0:28:05.760
<v Speaker 1>The horror. And then we had the rise of peer

0:28:05.800 --> 0:28:08.840
<v Speaker 1>to peer networks, and those made it way easier to

0:28:08.880 --> 0:28:12.800
<v Speaker 1>distribute files like music files across a large group of computers.

0:28:12.840 --> 0:28:15.120
<v Speaker 1>You know, I had Napster and Kazan and those kind

0:28:15.119 --> 0:28:17.840
<v Speaker 1>of of peer to peer networks, So you had a

0:28:17.880 --> 0:28:21.280
<v Speaker 1>subset of folks who were uploading and downloading music files

0:28:21.320 --> 0:28:25.439
<v Speaker 1>like crazy anyway, DRM was one method to try and

0:28:25.520 --> 0:28:29.560
<v Speaker 1>prevent folks from just copying music wholesale, and one of

0:28:29.560 --> 0:28:32.080
<v Speaker 1>the things that the d m c A did was

0:28:32.119 --> 0:28:35.040
<v Speaker 1>to make it a crime to try and circumvent the

0:28:35.160 --> 0:28:38.720
<v Speaker 1>DRM protections on files. Now here's where we get into

0:28:38.800 --> 0:28:42.520
<v Speaker 1>a weird paradox that still makes my brain melt. All right,

0:28:43.240 --> 0:28:46.240
<v Speaker 1>let's quickly talk about making a copy for the purposes

0:28:46.360 --> 0:28:50.680
<v Speaker 1>of a backup here. Generally speaking, the US government has

0:28:50.800 --> 0:28:53.960
<v Speaker 1>ruled that it's okay to make a copy of stuff

0:28:54.000 --> 0:28:57.400
<v Speaker 1>you own for the purposes of a backup. So, for example,

0:28:58.120 --> 0:29:01.400
<v Speaker 1>I have a small collection of Vinyl records. I might

0:29:01.440 --> 0:29:04.360
<v Speaker 1>want to make a digital backup of those Vinyl records

0:29:04.440 --> 0:29:07.720
<v Speaker 1>so that should anything happen to my physical collection, I

0:29:07.800 --> 0:29:10.479
<v Speaker 1>still have the music. Now, granted, a lot of this

0:29:10.520 --> 0:29:12.680
<v Speaker 1>example kind of doesn't work in the era of on

0:29:12.800 --> 0:29:15.960
<v Speaker 1>demand streaming music, but just stick with me here. The

0:29:16.040 --> 0:29:20.120
<v Speaker 1>point is if I made a copy of that Vinyl

0:29:20.400 --> 0:29:24.520
<v Speaker 1>record album collection just as a backup for myself and

0:29:24.560 --> 0:29:27.120
<v Speaker 1>that was it, I'd pretty much be in the clear.

0:29:27.360 --> 0:29:29.880
<v Speaker 1>I mean, that is considered acceptable. It kind of falls

0:29:29.880 --> 0:29:33.160
<v Speaker 1>in line with fair use. Fair use is a collection

0:29:33.200 --> 0:29:37.160
<v Speaker 1>of legal exceptions that allow folks to copy or otherwise

0:29:37.160 --> 0:29:40.200
<v Speaker 1>make use of material that they don't own. The copyright

0:29:40.320 --> 0:29:45.840
<v Speaker 1>for um fair use, though, is a tricky subject anyway.

0:29:45.920 --> 0:29:49.400
<v Speaker 1>In the era of DRN, making backup copies is way

0:29:49.440 --> 0:29:53.560
<v Speaker 1>more complicated and infuriating. A lot of d r M

0:29:53.720 --> 0:29:58.680
<v Speaker 1>just outright prevents customers from making a copy, including backup copies.

0:29:59.320 --> 0:30:03.680
<v Speaker 1>So it's legal to make backups of your stuff, now,

0:30:03.720 --> 0:30:07.160
<v Speaker 1>that's what the courts have said repeatedly. What the d

0:30:07.280 --> 0:30:11.160
<v Speaker 1>M c A does however, as it says, well, yeah,

0:30:11.240 --> 0:30:12.920
<v Speaker 1>it's okay for you to make a copy of your

0:30:12.920 --> 0:30:16.880
<v Speaker 1>stuff for the purposes of backup, but it's not okay

0:30:17.000 --> 0:30:21.000
<v Speaker 1>to get around the DRM protections that prevent you from

0:30:21.000 --> 0:30:25.120
<v Speaker 1>making a copy. So this is a classic catch twenty two.

0:30:25.560 --> 0:30:28.520
<v Speaker 1>You could make a legal backup copy if you could

0:30:28.560 --> 0:30:30.880
<v Speaker 1>get around the d r M, but getting around the

0:30:30.960 --> 0:30:36.720
<v Speaker 1>DRM is illegal. Other countries adopted similar legislation, which meant

0:30:36.760 --> 0:30:44.600
<v Speaker 1>now that DRM has legal protection and people don't. Yikes. Uh,

0:30:44.680 --> 0:30:46.560
<v Speaker 1>this kind of leads to lots of problems. I mean,

0:30:46.600 --> 0:30:49.600
<v Speaker 1>we've got the issue with the individual users. That's a

0:30:49.640 --> 0:30:52.120
<v Speaker 1>problem right there. Like if you aren't allowed to make

0:30:52.200 --> 0:30:56.840
<v Speaker 1>a backup copy because of that protection. That's really frustrating.

0:30:57.360 --> 0:31:01.880
<v Speaker 1>But another big one is archival and president vation of works. See,

0:31:02.720 --> 0:31:06.040
<v Speaker 1>the way we store stuff evolves over time, and that

0:31:06.200 --> 0:31:09.280
<v Speaker 1>also means that the older methods we were relying upon

0:31:09.520 --> 0:31:13.960
<v Speaker 1>in decades past gradually become obsolete. Like let's go back

0:31:13.960 --> 0:31:16.440
<v Speaker 1>to floppy drives. I'm sure some of you out there

0:31:16.440 --> 0:31:19.640
<v Speaker 1>listening you might have a working floppy drive hanging around,

0:31:20.280 --> 0:31:22.440
<v Speaker 1>but for the most part, I would say we could

0:31:22.440 --> 0:31:26.160
<v Speaker 1>call them extinct, like the dinosaurs. So let's say that

0:31:26.240 --> 0:31:30.440
<v Speaker 1>a company released a particular piece of software on floppy disks,

0:31:31.120 --> 0:31:35.040
<v Speaker 1>and the disks contained a form of copy protection on them,

0:31:35.080 --> 0:31:39.720
<v Speaker 1>and then decades later, someone needs to access that program,

0:31:39.760 --> 0:31:43.640
<v Speaker 1>except now that company doesn't exist anymore, so you can't

0:31:43.640 --> 0:31:46.240
<v Speaker 1>go to them. There's no one to go to the

0:31:47.000 --> 0:31:50.640
<v Speaker 1>No one has floppy drives. So even if you had

0:31:50.680 --> 0:31:53.840
<v Speaker 1>a copy of the disk in your hand, you wouldn't

0:31:53.960 --> 0:31:56.440
<v Speaker 1>be able to make a copy of the old file

0:31:57.080 --> 0:32:00.640
<v Speaker 1>because the way it was protected and the way it saved.

0:32:01.480 --> 0:32:06.560
<v Speaker 1>So in the in the efforts to preserve important stuff,

0:32:07.200 --> 0:32:09.560
<v Speaker 1>and it's kind of hard to think of certain things

0:32:09.600 --> 0:32:12.680
<v Speaker 1>like like computer games as being important. But in order

0:32:12.720 --> 0:32:16.360
<v Speaker 1>to preserve that for historical record. The copy of protection

0:32:16.400 --> 0:32:18.640
<v Speaker 1>stands as a huge barrier to that, and so that's

0:32:18.680 --> 0:32:21.000
<v Speaker 1>one of the reasons why people who are critics of

0:32:21.080 --> 0:32:27.000
<v Speaker 1>DRM really hammer this home, saying DRM really makes it

0:32:27.040 --> 0:32:30.600
<v Speaker 1>difficult for us to do important work. There's also the

0:32:30.640 --> 0:32:33.600
<v Speaker 1>issue of if you want to do scholarly work, if

0:32:33.640 --> 0:32:39.680
<v Speaker 1>you want to examine a computer program to look for vulnerabilities,

0:32:39.720 --> 0:32:44.040
<v Speaker 1>for example, like you're doing some security research, DRM can

0:32:44.080 --> 0:32:46.400
<v Speaker 1>stand in the way of that and to disable the

0:32:46.480 --> 0:32:49.600
<v Speaker 1>DRM would be breaking the law. So there are people

0:32:49.640 --> 0:32:53.680
<v Speaker 1>who really have legit criticisms for the way we treat

0:32:53.840 --> 0:32:57.760
<v Speaker 1>DRM these days. And this means that over time we

0:32:57.880 --> 0:33:01.440
<v Speaker 1>lose knowledge, right, we can't act says that anymore, the

0:33:01.480 --> 0:33:05.959
<v Speaker 1>information literally becomes inaccessible. So again one of the biggest

0:33:06.000 --> 0:33:10.040
<v Speaker 1>arguments leveled against DRM. That prevents the legal archival of information,

0:33:10.200 --> 0:33:12.640
<v Speaker 1>and it means that those files and the stuff built

0:33:12.680 --> 0:33:16.560
<v Speaker 1>from those files end up living on borrowed time. Then

0:33:16.600 --> 0:33:19.239
<v Speaker 1>there's also the back end of DRM. So a lot

0:33:19.280 --> 0:33:22.360
<v Speaker 1>of these methodologies rely upon a service running in the

0:33:22.400 --> 0:33:26.720
<v Speaker 1>background where a file is checking in with the mothership

0:33:26.800 --> 0:33:30.920
<v Speaker 1>back home. Right, So DRM is not just something that

0:33:31.000 --> 0:33:34.800
<v Speaker 1>just lives on a file itself. It's part of a

0:33:34.920 --> 0:33:38.920
<v Speaker 1>larger interconnected service. So what happens if the company in

0:33:39.080 --> 0:33:43.040
<v Speaker 1>charge of that service goes out of business or gets acquired,

0:33:43.320 --> 0:33:47.120
<v Speaker 1>will you still have access through the equipment or file?

0:33:47.200 --> 0:33:50.800
<v Speaker 1>I mean, you purchased it, but if you lose it,

0:33:51.000 --> 0:33:53.800
<v Speaker 1>like if the thing goes away, what happens to the

0:33:53.800 --> 0:33:56.920
<v Speaker 1>stuff you bought. Here's a great example of this. I

0:33:57.520 --> 0:34:03.920
<v Speaker 1>have purchased digital copies of certain television shows. The Mighty

0:34:03.960 --> 0:34:06.800
<v Speaker 1>Bush is one of them. I did that on Xbox.

0:34:07.320 --> 0:34:11.480
<v Speaker 1>I purchased the full seasons of The Mighty Bush, and

0:34:11.520 --> 0:34:14.239
<v Speaker 1>I have it available in Xbox to watch whenever I want.

0:34:15.200 --> 0:34:18.239
<v Speaker 1>Let's say something weird happens at Microsoft and the entire

0:34:18.360 --> 0:34:21.480
<v Speaker 1>Xbox division goes defunct and I no longer have access

0:34:21.520 --> 0:34:25.839
<v Speaker 1>to that. I paid for that that stuff, and I

0:34:25.880 --> 0:34:27.839
<v Speaker 1>would have otherwise had access to it if they had

0:34:27.840 --> 0:34:30.759
<v Speaker 1>sent me, say a physical copy of the DVDs, which

0:34:30.800 --> 0:34:33.080
<v Speaker 1>by the way, I went ahead and purchased because of

0:34:33.120 --> 0:34:35.799
<v Speaker 1>just this very reason. But I would no longer have

0:34:35.840 --> 0:34:38.319
<v Speaker 1>access to that material. It's It's one of the big

0:34:38.400 --> 0:34:42.400
<v Speaker 1>arguments against streaming services is the idea that should the

0:34:42.400 --> 0:34:45.239
<v Speaker 1>streaming service go out of business, you lose access to

0:34:45.400 --> 0:34:48.960
<v Speaker 1>all of that stuff. Or what about when a company

0:34:48.960 --> 0:34:53.560
<v Speaker 1>that sells a DRM protected file decides to recall that file. Now,

0:34:53.600 --> 0:34:56.279
<v Speaker 1>this happened with Amazon in two thousand nine, and in

0:34:56.320 --> 0:35:00.239
<v Speaker 1>a fitting twist, the files were e books, and they

0:35:00.239 --> 0:35:05.680
<v Speaker 1>were ebook versions of two George Orwell titles, Animal Farm

0:35:05.719 --> 0:35:12.719
<v Speaker 1>and Nine. Now, considering the novel features an invasive government

0:35:12.800 --> 0:35:17.480
<v Speaker 1>exerting control over virtually every aspect of people's lives, largely

0:35:17.880 --> 0:35:21.920
<v Speaker 1>through the control of information, this hit pretty darn close

0:35:22.000 --> 0:35:27.800
<v Speaker 1>to home. It felt like like like reality was mirroring fiction.

0:35:28.160 --> 0:35:31.840
<v Speaker 1>So what actually happened? While according to Amazon, the company

0:35:31.880 --> 0:35:35.320
<v Speaker 1>that had added these two titles to the Kindle Store

0:35:35.880 --> 0:35:40.600
<v Speaker 1>didn't actually have the publishing rights for those books, which

0:35:40.600 --> 0:35:43.720
<v Speaker 1>meant it would be illegal to sell those books because

0:35:44.320 --> 0:35:46.840
<v Speaker 1>the company that was selling them didn't actually have the

0:35:46.920 --> 0:35:50.359
<v Speaker 1>rights to them. So Amazon stopped the sale. But some

0:35:50.440 --> 0:35:54.400
<v Speaker 1>customers had actually already purchased those titles they had added

0:35:54.400 --> 0:35:58.480
<v Speaker 1>them to their digital libraries. So Amazon then recalled the

0:35:58.520 --> 0:36:01.800
<v Speaker 1>titles from the customers who bought them and then issued

0:36:01.840 --> 0:36:04.920
<v Speaker 1>a refund. But that meant that people who had purchased

0:36:05.600 --> 0:36:09.120
<v Speaker 1>either of those books suddenly saw them just vanish from

0:36:09.160 --> 0:36:12.680
<v Speaker 1>their kindle libraries. So let's think of that as if

0:36:12.719 --> 0:36:14.960
<v Speaker 1>it were a physical book. Let's say you went to

0:36:15.000 --> 0:36:18.600
<v Speaker 1>a brick and mortar bookstore and you purchased a physical

0:36:18.680 --> 0:36:22.920
<v Speaker 1>copy of George Orwell, and you take your physical copy

0:36:22.920 --> 0:36:24.920
<v Speaker 1>of the book home with you and you put it

0:36:25.000 --> 0:36:27.920
<v Speaker 1>up on your shelf, and that night, someone from the

0:36:27.960 --> 0:36:31.160
<v Speaker 1>bookstore breaks into your house takes the book off your

0:36:31.160 --> 0:36:34.160
<v Speaker 1>shelf and leaves the purchase price for the book behind

0:36:34.320 --> 0:36:39.279
<v Speaker 1>before leaving. That would be quite the invasion. And that

0:36:39.480 --> 0:36:43.560
<v Speaker 1>is kind of what happened digitally speaking with Amazon, and

0:36:43.600 --> 0:36:47.600
<v Speaker 1>it was made possible through DRM tools, which of course

0:36:47.719 --> 0:36:51.800
<v Speaker 1>raises troubling issues. If DRM allows a company to recall

0:36:51.920 --> 0:36:55.400
<v Speaker 1>a product after you've already purchased it, well, it's definitely

0:36:55.400 --> 0:37:01.160
<v Speaker 1>not yours, is it? Like you, you just have access

0:37:01.200 --> 0:37:03.640
<v Speaker 1>to it for as long as the company allows you

0:37:03.680 --> 0:37:06.960
<v Speaker 1>to have access to it. So there are a ton

0:37:07.080 --> 0:37:11.719
<v Speaker 1>of issues around DRM, and most of them poorly affect

0:37:12.040 --> 0:37:15.439
<v Speaker 1>the end user. Uh. It often feels like you're being

0:37:15.480 --> 0:37:19.160
<v Speaker 1>punished for having gone through the proper channels to purchase

0:37:19.239 --> 0:37:22.600
<v Speaker 1>whatever the digital good is, whereas if you had just

0:37:22.920 --> 0:37:26.200
<v Speaker 1>you know, pirated it, if someone had already cracked the

0:37:26.280 --> 0:37:28.680
<v Speaker 1>d r M off of it, and you've got access

0:37:28.719 --> 0:37:32.120
<v Speaker 1>to the pirated copy. You wouldn't have these concerns because

0:37:32.120 --> 0:37:35.240
<v Speaker 1>it would all have been stripped away. Not a great message.

0:37:35.400 --> 0:37:37.280
<v Speaker 1>I haven't even really touched on some of the methods

0:37:37.320 --> 0:37:40.360
<v Speaker 1>of copy protection that have led to massive problems, like

0:37:40.440 --> 0:37:44.879
<v Speaker 1>Sony's infamous copy protection methodology that was in the mid

0:37:44.920 --> 0:37:48.440
<v Speaker 1>two thousand's. It would install a root kit on your computer.

0:37:48.920 --> 0:37:51.480
<v Speaker 1>So you go out, you buy an album published by

0:37:51.640 --> 0:37:54.840
<v Speaker 1>Sony b MG. You would come back and you put

0:37:54.880 --> 0:37:59.239
<v Speaker 1>the CD on your computer, and maybe you want to

0:37:59.719 --> 0:38:02.040
<v Speaker 1>rip the music to put onto your brand new iPod,

0:38:02.239 --> 0:38:04.400
<v Speaker 1>or maybe you just want to listen on your computer,

0:38:04.719 --> 0:38:08.560
<v Speaker 1>and boom, your computer installs files that create vulnerabilities on

0:38:08.640 --> 0:38:12.920
<v Speaker 1>your computer system, vulnerabilities that hackers later were able to

0:38:12.960 --> 0:38:16.520
<v Speaker 1>take advantage of and infect systems with malware. Uh. It

0:38:16.640 --> 0:38:19.960
<v Speaker 1>was like installing a back door to your computer system.

0:38:20.160 --> 0:38:23.840
<v Speaker 1>Something that's never a good idea. Now, the really crazy

0:38:23.880 --> 0:38:27.520
<v Speaker 1>thing about all of this is that DRM doesn't work,

0:38:27.760 --> 0:38:30.520
<v Speaker 1>at least not for the purpose for which it was invented,

0:38:30.600 --> 0:38:33.880
<v Speaker 1>which was the whole idea of giving the rights owners

0:38:34.440 --> 0:38:38.040
<v Speaker 1>the peace of mind that you know they're not going

0:38:38.040 --> 0:38:41.480
<v Speaker 1>to be completely exploited by everybody else. There are folks

0:38:41.520 --> 0:38:44.960
<v Speaker 1>who specialize in cracking DRM on files, and as long

0:38:45.000 --> 0:38:47.640
<v Speaker 1>as they're not caught, the result is that the new

0:38:47.719 --> 0:38:51.160
<v Speaker 1>files are DRM free and are preferable to the d

0:38:51.320 --> 0:38:54.800
<v Speaker 1>r M versions, even for legit customers, and the entertainment

0:38:54.800 --> 0:38:59.279
<v Speaker 1>industry has not faded away because of this. It's not

0:38:59.360 --> 0:39:04.680
<v Speaker 1>like piracy has destroyed companies. The arguments for DRM typically

0:39:04.800 --> 0:39:07.759
<v Speaker 1>end up not holding very much water, because, as it

0:39:07.800 --> 0:39:11.319
<v Speaker 1>turns out, the problem with piracy doesn't actually seem to

0:39:11.400 --> 0:39:13.960
<v Speaker 1>hit the bottom line, at least not nearly to the

0:39:14.000 --> 0:39:18.239
<v Speaker 1>extent that companies would have us believe. Now. DRM is

0:39:18.280 --> 0:39:22.520
<v Speaker 1>still a thing today, but the landscape has changed dramatically.

0:39:23.160 --> 0:39:26.520
<v Speaker 1>For one thing, the proliferation of streaming services has created

0:39:26.600 --> 0:39:30.320
<v Speaker 1>a new way to distribute stuff like music, movies, and television.

0:39:30.600 --> 0:39:34.080
<v Speaker 1>To access the entertainment, you need a subscription to those

0:39:34.160 --> 0:39:38.000
<v Speaker 1>various services, or you have to have a free version

0:39:38.040 --> 0:39:40.880
<v Speaker 1>that's supported by ads or whatever. Whatever. The revenue generation

0:39:40.920 --> 0:39:44.280
<v Speaker 1>model is not that this is the only way people

0:39:44.360 --> 0:39:47.239
<v Speaker 1>access entertainment, but it's become so popular that a lot

0:39:47.239 --> 0:39:50.840
<v Speaker 1>of DRM strategies are just moot because the entertainment gets

0:39:50.920 --> 0:39:55.759
<v Speaker 1>locked inside a specific ecosystem, or you've got stuff like

0:39:55.800 --> 0:39:58.640
<v Speaker 1>computer games or console games that require the player to

0:39:58.680 --> 0:40:02.360
<v Speaker 1>have a persistent connect to the Internet. The purpose of

0:40:02.360 --> 0:40:05.440
<v Speaker 1>that connection is to verify that the player in question

0:40:05.640 --> 0:40:08.400
<v Speaker 1>is using a legitimate copy of the game, namely that

0:40:08.760 --> 0:40:12.160
<v Speaker 1>the person playing the game purchased the game, and the

0:40:12.239 --> 0:40:15.279
<v Speaker 1>connection Internet connection is a connection to a server that's

0:40:15.400 --> 0:40:19.759
<v Speaker 1>verifying that. This is also an irritation because even if

0:40:19.760 --> 0:40:23.279
<v Speaker 1>the game is a single player experience, you still have

0:40:23.320 --> 0:40:25.200
<v Speaker 1>to be connected to the Internet to run the game.

0:40:25.280 --> 0:40:27.600
<v Speaker 1>You're not playing against other people, you're just trying to

0:40:27.640 --> 0:40:30.879
<v Speaker 1>play the game, and yet you need that connection time

0:40:30.880 --> 0:40:34.160
<v Speaker 1>and again we've seen people resist that and to complain

0:40:34.200 --> 0:40:37.520
<v Speaker 1>about it. So, yeah, DRM is still a thing because

0:40:37.520 --> 0:40:40.640
<v Speaker 1>there's still this massive fear that the whole system would

0:40:40.640 --> 0:40:43.560
<v Speaker 1>fall apart, or at the very least companies would make

0:40:43.640 --> 0:40:48.200
<v Speaker 1>less money than they feel they should should DRM go away.

0:40:48.239 --> 0:40:51.680
<v Speaker 1>But I've seen a lot of legit arguments that say

0:40:51.760 --> 0:40:55.840
<v Speaker 1>DRM really just causes more problems than it and it

0:40:55.880 --> 0:40:58.120
<v Speaker 1>doesn't really solve the problem it was meant to solve.

0:40:59.000 --> 0:41:02.600
<v Speaker 1>So I'm also an advocate of just getting rid of DRM.

0:41:03.680 --> 0:41:06.680
<v Speaker 1>I don't know that we can rely upon the honesty

0:41:06.719 --> 0:41:10.200
<v Speaker 1>of the average person on the Internet. But I am

0:41:10.239 --> 0:41:13.440
<v Speaker 1>pretty certain that DRM is kind of a broken solution

0:41:13.719 --> 0:41:18.920
<v Speaker 1>to a problem that actually hasn't been well defined in

0:41:19.040 --> 0:41:22.080
<v Speaker 1>terms of impact. I mean, the Government Accountability Office in

0:41:22.120 --> 0:41:26.440
<v Speaker 1>the United States famously issued a report that said it

0:41:26.560 --> 0:41:31.200
<v Speaker 1>is impossible to determine to what extent piracy actually affects

0:41:31.200 --> 0:41:36.600
<v Speaker 1>the bottom line, and that the numbers that that content companies,

0:41:36.640 --> 0:41:40.480
<v Speaker 1>that things like music companies and movie studios, the numbers

0:41:40.520 --> 0:41:44.799
<v Speaker 1>that they cite saying we lost X billion amount of

0:41:44.840 --> 0:41:48.799
<v Speaker 1>dollars because of piracy, those are unsupportable. Uh. The big

0:41:48.840 --> 0:41:51.839
<v Speaker 1>reason behind that is that you can never actually say

0:41:51.880 --> 0:41:54.960
<v Speaker 1>that someone who pirated something would have otherwise purchased it.

0:41:55.480 --> 0:41:58.040
<v Speaker 1>So a pirated copy is not the same thing as

0:41:58.040 --> 0:42:01.160
<v Speaker 1>a lost sale. Right If I pired a copy of

0:42:01.160 --> 0:42:04.760
<v Speaker 1>an Adam Sandler movie, it might be that I'm morbidly curious,

0:42:04.760 --> 0:42:07.000
<v Speaker 1>but not to the point where I would actually purchase

0:42:07.080 --> 0:42:10.880
<v Speaker 1>the film. And maybe if I weren't, uh, you know,

0:42:11.080 --> 0:42:13.719
<v Speaker 1>willing to pirate it, I would just never I just

0:42:13.760 --> 0:42:16.759
<v Speaker 1>never bother watching it. I have never priorate it an

0:42:16.840 --> 0:42:20.400
<v Speaker 1>Adam Sandler film because I don't I don't need to,

0:42:20.920 --> 0:42:25.920
<v Speaker 1>I don't need to indulge in that. I'm okay, I'm good. Anyway,

0:42:26.280 --> 0:42:28.239
<v Speaker 1>I thought that this would be an interesting thing to

0:42:28.280 --> 0:42:31.000
<v Speaker 1>go down, and really it was the Cannon printer story

0:42:31.080 --> 0:42:35.200
<v Speaker 1>that really drew my attention. That's what sparked this whole

0:42:35.640 --> 0:42:39.000
<v Speaker 1>episode idea. This morning, I saw that that news item

0:42:39.040 --> 0:42:42.319
<v Speaker 1>and thought I should do an episode about DRM, what

0:42:42.520 --> 0:42:46.400
<v Speaker 1>it's for and how it often falls short of what

0:42:46.600 --> 0:42:50.960
<v Speaker 1>the goals are. Uh yeah, I hope you enjoyed this.

0:42:51.120 --> 0:42:53.920
<v Speaker 1>If you have suggestions on topics I should cover in

0:42:53.960 --> 0:42:56.760
<v Speaker 1>future episodes of tech Stuff, reach out to me on Twitter,

0:42:56.840 --> 0:43:00.760
<v Speaker 1>like Stadler did. The handle for the show is tech

0:43:01.040 --> 0:43:04.560
<v Speaker 1>Stuff H s W and I'll talk to you again

0:43:05.480 --> 0:43:13.360
<v Speaker 1>really soon. Y. Tech Stuff is an I Heart Radio production.

0:43:13.600 --> 0:43:16.440
<v Speaker 1>For more podcasts from I Heart Radio, visit the I

0:43:16.560 --> 0:43:19.759
<v Speaker 1>Heart Radio app, Apple Podcasts, or wherever you listen to

0:43:19.840 --> 0:43:20.720
<v Speaker 1>your favorite shows.