WEBVTT - Some DRM Disasters

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<v Speaker 1>Welcome to tech Stuff, a production from I Heart Radio.

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<v Speaker 1>He there, and welcome to tech Stuff. I'm your host,

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<v Speaker 1>Jonathan Strickland. I'm an executive producer with I Heart Radio

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<v Speaker 1>and how the tech are you so? Earlier this year,

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<v Speaker 1>I did an episode titled the DRM Episode, and it

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<v Speaker 1>was fittingly enough about the history and evolution of DRM

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<v Speaker 1>that published back in January. D r M is digital

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<v Speaker 1>rights management, and simply but digital rights management is all

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<v Speaker 1>about finding ways to restrict access to digital material to

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<v Speaker 1>only those who have permission to access it. Now, we

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<v Speaker 1>mostly think about it as a way of preventing theft

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<v Speaker 1>and piracy, though it does not do those things very

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<v Speaker 1>well at all. DRM has also introduced a legal puzz

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<v Speaker 1>old here in the United States. See it has long

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<v Speaker 1>been held that it is totally legal for someone to

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<v Speaker 1>make a copy of media they have purchased for the

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<v Speaker 1>purposes of having a backup. So, while it would be

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<v Speaker 1>copyright infringement, if I were to go out and say,

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<v Speaker 1>buy a compact disc, and then come back home and

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<v Speaker 1>use my computer to copy that compact disc onto blank

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<v Speaker 1>compact discs, and then I go out on the street

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<v Speaker 1>and start selling those to passers by for a huge

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<v Speaker 1>markdown that would be illegal. It is, however, totally legal

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<v Speaker 1>if I were to go out and buy that same CD,

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<v Speaker 1>come home, copy it with my computer, put it on

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<v Speaker 1>a second CD, and use that as a backup for

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<v Speaker 1>my own personal use. That's Toad's fine, completely acceptable. Well,

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<v Speaker 1>then we come to copy protection, and there are lots

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<v Speaker 1>of different kinds of copy protection, and it is against

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<v Speaker 1>the law to circumvent or to make or even own

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<v Speaker 1>tools intended to circumvent copy protection. So it would be

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<v Speaker 1>legal for me to produce a copy for my own use,

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<v Speaker 1>but it's illegal to get around the copy protection. Though

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<v Speaker 1>I should add there's some disagreement on that point. Some

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<v Speaker 1>say technically it is legal to bypass DRM in order

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<v Speaker 1>to make a copy of something if it's just for

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<v Speaker 1>your own personal use. However, it's still illegal to own

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<v Speaker 1>the software that makes it possible to bypass dr M

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<v Speaker 1>in the first place. So again you still run into

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<v Speaker 1>this circular argument. Yes, you can make a copy, but

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<v Speaker 1>it's illegal for you to get around the thing that

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<v Speaker 1>prevents you from making a copy. And if you can't

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<v Speaker 1>get around copy protection, then there's no way for you

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<v Speaker 1>to make a copy. So it might be legal for

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<v Speaker 1>you to create a copy. It's just illegal to get

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<v Speaker 1>around the thing that prevents you from doing that. Because

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<v Speaker 1>laws are fun, right, and there are a ton of consequences.

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<v Speaker 1>Uh in how DRM was defined in the Digital Millennium

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<v Speaker 1>Copyright Act and section twelve oh one in particular, which

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<v Speaker 1>is the bit that says it's illegal to try and

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<v Speaker 1>get around copy protection or DRM. So companies have used

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<v Speaker 1>that passage for the justification of all sorts of shenanigans,

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<v Speaker 1>including denying the right to repair or to restrict who

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<v Speaker 1>can actually make software for their products. There's a lot

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<v Speaker 1>of anticompetitive behavior that has been fueled by this frankly

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<v Speaker 1>poorly worded piece of legislation. So there are a lot

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<v Speaker 1>of ways where the Digital Millennium Copyright Act or d

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<v Speaker 1>m c A has really hurt consumers and companies. So

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<v Speaker 1>today I wanted to talk about a different, unintended consequence,

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<v Speaker 1>one that is particularly infuriating. So the whole point of

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<v Speaker 1>the d m c A was to create rules that

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<v Speaker 1>would stop people from stealing dit dull stuff right to

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<v Speaker 1>stop piracy. However, people are still doing that. There are

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<v Speaker 1>still plenty of people stealing digital content. In fact, the

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<v Speaker 1>folks who are doing the stealing are the ones who

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<v Speaker 1>are breaking dr M and they're getting unfettered access to

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<v Speaker 1>the stuff they stole. So in the process of stealing

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<v Speaker 1>whatever it is they're going after, they're stripping the d

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<v Speaker 1>r M from that thing. That means they get to

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<v Speaker 1>experience that thing without any DRM. Meanwhile, law abiding folk

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<v Speaker 1>like you and me, I assume we are stuck with

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<v Speaker 1>the busted products that have dr M all up on them.

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<v Speaker 1>So in other words, the people what are doing the

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<v Speaker 1>stealing have a superior product as the scarlet which once said,

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<v Speaker 1>that doesn't seem fair. So in today's episode, we're going

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<v Speaker 1>to look at some examples of how dr M had

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<v Speaker 1>a negative impact on legitimate customers. And I was really

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<v Speaker 1>inspired to do this because of something going on at

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<v Speaker 1>Microsoft and its Xbox Online service. So, as the name suggests,

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<v Speaker 1>Xbox Online is an online component for the Xbox line

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<v Speaker 1>of consoles. Microsoft has servers running and Xbox consoles will

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<v Speaker 1>check in with those servers. Now, it was almost a

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<v Speaker 1>decade ago when Microsoft announced how the Xbox One console

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<v Speaker 1>was supposed to work, And when that announcement went out,

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<v Speaker 1>it was that the Xbox one was going to be

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<v Speaker 1>online all the time. It would have a persistent online connection.

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<v Speaker 1>In fact, it would require a persistent online connection, and

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<v Speaker 1>that this would end up having big benefits for players.

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<v Speaker 1>There'll be a lot of features that would be enabled

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<v Speaker 1>because of this connection. However, a lot of people got

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<v Speaker 1>really concerned about some elements, like would that prevent you

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<v Speaker 1>from being able to purchase used games, something that a

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<v Speaker 1>lot of people really depend upon. They can't necessarily afford

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<v Speaker 1>to buy a game at full price, so they wait,

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<v Speaker 1>they go out, and they buy it used once the

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<v Speaker 1>price comes down, and they play their games that way.

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<v Speaker 1>But would this online component kind of act like a

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<v Speaker 1>type of DRM. Would it check in with that copy

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<v Speaker 1>of the game with the server look to see if

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<v Speaker 1>that copy of the game had been registered with some

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<v Speaker 1>other console, and would it then prevent you from playing

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<v Speaker 1>the game. This was a real concern because it is

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<v Speaker 1>a possibility. In fact, a lot of people are arguing

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<v Speaker 1>that this could have just been a scheme to sell

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<v Speaker 1>more copies of games, eliminate the secondary market entirely, and

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<v Speaker 1>hurt the consumer. Ultimately, Microsoft would walk back the announcement

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<v Speaker 1>and changed its plans and no longer required the Xbox

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<v Speaker 1>One to have this persistent internet connection, which totally change

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<v Speaker 1>things up. That was a weird E three, But there's

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<v Speaker 1>still an online component it for Xbox, and there still

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<v Speaker 1>is DRM sitting on top of that online component, and

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<v Speaker 1>it's active for lots of games. And on Friday May six,

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<v Speaker 1>two thousand twenty two, the servers running this DRM started

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<v Speaker 1>to have some problems, which meant that Xbox owners found

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<v Speaker 1>themselves unable to purchase new games, or to start online

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<v Speaker 1>gaming sessions, or even launch some of their games that

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<v Speaker 1>they already have purchased and downloaded to their machine because

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<v Speaker 1>server side DRM runs a quick check to make sure

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<v Speaker 1>that the copy of a game that is being initiated

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<v Speaker 1>is a legitimate copy of the game, meaning that the

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<v Speaker 1>person who's running it actually bought it. So this is

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<v Speaker 1>kind of like a parent calling in to check on

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<v Speaker 1>their kid a lot, and if the answers aren't satisfactory,

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<v Speaker 1>that kid is grounded. So with these servers being down,

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<v Speaker 1>it meant that this check in could not happen. The

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<v Speaker 1>copy of the game not be able to get the

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<v Speaker 1>go ahead from the server to allow the game to load,

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<v Speaker 1>so without that verified check in, the games would not launch.

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<v Speaker 1>It's now May nine, and some Xbox users report they

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<v Speaker 1>are still experiencing this problem. So people who went through

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<v Speaker 1>all the right steps, they bought their games legitimately, they

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<v Speaker 1>have a connection to the internet, they are finding themselves

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<v Speaker 1>unable to play certain titles. They are being punished for

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<v Speaker 1>playing properly. Meanwhile, people who might have a pirated copy

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<v Speaker 1>of the game with the DRM stripped from it where

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<v Speaker 1>it's not doing this online check in, they could potentially

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<v Speaker 1>still be playing those games. DRM critics have argued that

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<v Speaker 1>Microsoft should really change it's DRM policy so that games

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<v Speaker 1>that are meant to be played offline can be played

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<v Speaker 1>offline even if the Microsoft servers are down. So, in

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<v Speaker 1>other words, these are games that are not online dependent.

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<v Speaker 1>There's no competitive or cooperative play. It's meant to be

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<v Speaker 1>played on your native Xbox in your home and that's it.

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<v Speaker 1>And you know, you have to also remember some folks

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<v Speaker 1>live in places where they might not even have a

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<v Speaker 1>good Internet connection. It seems reasonable to expect that you

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<v Speaker 1>should be able to play an offline single player game

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<v Speaker 1>because you know there's no online component. But here we are.

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<v Speaker 1>There are people who are being affected by this, and

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<v Speaker 1>in fact, we've had so many examples of games doing

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<v Speaker 1>this specific thing. In particular I am reminded of the

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<v Speaker 1>hit Man series because I've certainly encountered this. Anyone who

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<v Speaker 1>has played hit Man three has likely run into the

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<v Speaker 1>message that the hit Man servers are offline, or you

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<v Speaker 1>might end up in the middle of a gaming session

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<v Speaker 1>get a temporary disconnection and you can't play anymore, or

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<v Speaker 1>it'll let you play, but it's like nothing's really counting anymore.

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<v Speaker 1>In fact, some players would get into situations where server

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<v Speaker 1>disconnects happened so frequently that the game would become unplayable.

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<v Speaker 1>And you would think that shouldn't be an issue because

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<v Speaker 1>hit Man is a game that runs natively on your computer.

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<v Speaker 1>But there are just enough connected features in hit Man

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<v Speaker 1>three that it's required to have these check ins. One

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<v Speaker 1>to verify that the copy you're playing is legit, and

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<v Speaker 1>too to keep track of things like how you're doing

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<v Speaker 1>versus say, your friends who also play hit Man three.

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<v Speaker 1>So there are some value added features in there. I

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<v Speaker 1>don't know how many people really use those that much

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<v Speaker 1>compared to just playing the game, but they do exist. Now.

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<v Speaker 1>When hit Man three became available on Good Old Games

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<v Speaker 1>or go o G, things got ugly because generally g

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<v Speaker 1>o G has this policy of offering up DRM free games,

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<v Speaker 1>specifically because DRM can hinder a legit players experiences. But

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<v Speaker 1>hit Man three has this requirement of checking in with

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<v Speaker 1>a server, and the inclusion of server based DRM prompted

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<v Speaker 1>many g o G customers to review Bomb hit Man three,

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<v Speaker 1>giving it very low ratings due to the server requirement.

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<v Speaker 1>Go O G contacted hit Man three customers and gave

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<v Speaker 1>them the option to refund their purchase. When we come back,

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<v Speaker 1>i'll talk a little bit more about d r M

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<v Speaker 1>and video games, and then we're gonna go beyond that

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<v Speaker 1>to look at d r M in other areas of tech.

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<v Speaker 1>But first let's listen to these messages, all right. One

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<v Speaker 1>of the big companies that specializes in video game DRM

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<v Speaker 1>and also anti cheat technology is called Deneuveau d E

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<v Speaker 1>n U v O. Now, anti cheat is really understandable,

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<v Speaker 1>right because, at least for competitive online games, it's kind

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<v Speaker 1>of a necessity. It is incredibly frustrating to hop online

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<v Speaker 1>to play a game only to get shut down immediately

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<v Speaker 1>because someone else is using cheat software that gives them

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<v Speaker 1>an unfair advantage. So a strong anti cheat strategy is

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<v Speaker 1>really useful in those respects. And and I certainly like that.

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<v Speaker 1>But the d r M side is another matter. So

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<v Speaker 1>critics say that Deneuvos software over taxes your you know,

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<v Speaker 1>the players computers and their CPUs, as well as rights

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<v Speaker 1>to players storage a lot, which can decrease the lifespan

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<v Speaker 1>of storage, like if it's a solid state drive, it

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<v Speaker 1>can start to really affect the longevity of that drive.

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<v Speaker 1>These are charges that the company has denied, but several

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<v Speaker 1>journalists have performed tests of games both running with Deneuvo's

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<v Speaker 1>software being active of and running with Deneuvo's software disabled,

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<v Speaker 1>and the tests seem to support the accusation that the

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<v Speaker 1>software has a measurable negative impact on computer performance. And

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<v Speaker 1>that's assuming that the software is working. Like the Hitman

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<v Speaker 1>three example, there have been cases in which games using

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<v Speaker 1>Deneuvo solutions became unplayable because of server issues. But let's

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<v Speaker 1>move away from video games. We could spend all day

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<v Speaker 1>talking about how DRM has had a negative impact on

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<v Speaker 1>video games. We could even talk about the earliest times

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<v Speaker 1>where you had computer companies or game companies saying that

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<v Speaker 1>there would be a requirement for an online persistent connection

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<v Speaker 1>even for single player games, and how players reacted to that.

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<v Speaker 1>But there are a lot of other examples of DRM

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<v Speaker 1>going wrong outside of the video game world, so we'll

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<v Speaker 1>look at a few more. So, let's talk about printers

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<v Speaker 1>and toner. Several printer manufacturers have implemented DRM in an

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<v Speaker 1>effort to funnel customers into purchasing official toner cartridges from

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<v Speaker 1>those companies. You know, it's a long standing joke that

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<v Speaker 1>buying a new printer is super cheap. It's the toner

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<v Speaker 1>that'll that will really set you back. That's thoroughly a joke.

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<v Speaker 1>I mean, it's it's the idea of printer companies selling

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<v Speaker 1>you a printer because it will lock you into their

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<v Speaker 1>ecosystem where they can continuously sell you the toner for

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<v Speaker 1>much more money, and they keep making cash off of

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<v Speaker 1>a single customer. Right because you're going to run out

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<v Speaker 1>of towner, you're gonna have to buy new ones. So

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<v Speaker 1>obviously these companies are going to take steps to restrict

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<v Speaker 1>what kind of toner you can use so that you

0:14:43.080 --> 0:14:45.480
<v Speaker 1>have to buy it from them. That's how they're gonna

0:14:45.480 --> 0:14:47.160
<v Speaker 1>make all their money. They can do all they could

0:14:47.160 --> 0:14:50.280
<v Speaker 1>be a loss leader on printers and make it up

0:14:50.880 --> 0:14:54.440
<v Speaker 1>with the toner they sell. HP for example, started doing

0:14:54.480 --> 0:14:59.920
<v Speaker 1>this in the HP printer would scan the toner cartridges,

0:15:00.120 --> 0:15:03.400
<v Speaker 1>and if the cartridge proved to not be an official

0:15:03.560 --> 0:15:06.600
<v Speaker 1>HP cartridge, the printer would then give the user a

0:15:06.640 --> 0:15:10.680
<v Speaker 1>message reading quote the following ink cartridges appeared to be

0:15:10.800 --> 0:15:15.160
<v Speaker 1>undetected or damaged. Replaced the ink cartridges to continue printing

0:15:15.280 --> 0:15:18.160
<v Speaker 1>end quote. The printer wouldn't let you print even if

0:15:18.160 --> 0:15:24.360
<v Speaker 1>the third party cartridges were otherwise perfectly compatible, So even

0:15:24.400 --> 0:15:28.400
<v Speaker 1>if for any other reason it should work, the printer

0:15:28.520 --> 0:15:30.840
<v Speaker 1>would say, Nope, these are bad, these are defective, get

0:15:30.960 --> 0:15:34.840
<v Speaker 1>rid of them. Cannon actually went a step further. The

0:15:34.960 --> 0:15:39.600
<v Speaker 1>Pixma MG six three twenty model is like a lot

0:15:39.600 --> 0:15:42.440
<v Speaker 1>of printers, and that it has a built in scanner

0:15:42.560 --> 0:15:45.320
<v Speaker 1>so that you can scan documents and get a digital

0:15:45.480 --> 0:15:49.080
<v Speaker 1>version of your document. But the Cannon, once it would

0:15:49.160 --> 0:15:54.480
<v Speaker 1>run out of toner, would disable all functions, including the scanner. Now,

0:15:54.560 --> 0:15:58.160
<v Speaker 1>scanners don't use any toner at all. They literally just

0:15:58.480 --> 0:16:01.800
<v Speaker 1>scan a document and create a digital copy, so not

0:16:02.040 --> 0:16:05.360
<v Speaker 1>one dot of toner has to be used to do that.

0:16:06.120 --> 0:16:09.880
<v Speaker 1>So users complained that Cannon was purposefully deactivating its printers

0:16:09.920 --> 0:16:14.480
<v Speaker 1>functions to force folks into buying more expensive Cannon toner

0:16:15.600 --> 0:16:19.440
<v Speaker 1>then we got the chip shortage, which caused way more

0:16:19.480 --> 0:16:23.560
<v Speaker 1>headaches for both Cannon and its customers. See, the way

0:16:23.600 --> 0:16:28.240
<v Speaker 1>that Canon was implementing DRM in its toner cartridges was

0:16:28.280 --> 0:16:32.360
<v Speaker 1>to include a very small microchip that identified the toner

0:16:32.480 --> 0:16:37.200
<v Speaker 1>as being a Cannon branded cartridge. But then we get

0:16:37.200 --> 0:16:40.000
<v Speaker 1>into the pandemic, and then not long after that, we

0:16:40.040 --> 0:16:43.600
<v Speaker 1>started hitting that massive semiconductor shortage that we are still

0:16:43.640 --> 0:16:48.200
<v Speaker 1>into this day. Among the many technologies affected by this

0:16:48.280 --> 0:16:53.800
<v Speaker 1>shortage where Cannon toner cartridges. But this created an awkward problem.

0:16:53.880 --> 0:16:57.880
<v Speaker 1>The new Cannon cartridges didn't have the DRM chips because

0:16:57.880 --> 0:17:02.640
<v Speaker 1>of the semiconductor shortage. That meant that Cannon printers were

0:17:02.720 --> 0:17:06.399
<v Speaker 1>looking for DRM confirmation and couldn't find it even with

0:17:06.560 --> 0:17:10.560
<v Speaker 1>official Cannon cartridges. So even if you went through the

0:17:10.640 --> 0:17:14.920
<v Speaker 1>trouble and expense of buying an actual Cannon toner cartridge,

0:17:15.320 --> 0:17:19.639
<v Speaker 1>your Cannon printer wouldn't recognize them, and Cannon's own d

0:17:19.880 --> 0:17:25.560
<v Speaker 1>r M would prevent you from using your printer. So

0:17:25.680 --> 0:17:28.920
<v Speaker 1>Cannon had to send out information to customers on how

0:17:28.960 --> 0:17:33.159
<v Speaker 1>to bypass the DRM, which means, of course, that you

0:17:33.200 --> 0:17:37.040
<v Speaker 1>could have tried that same method without using Cannon cartridges

0:17:37.119 --> 0:17:39.600
<v Speaker 1>at all, so Cannon actually had to tell its customers

0:17:39.840 --> 0:17:42.960
<v Speaker 1>how to get around the gate keeping it had put

0:17:42.960 --> 0:17:46.080
<v Speaker 1>into place in order to restrict what kind of ink

0:17:46.359 --> 0:17:51.960
<v Speaker 1>you could use. Now, in some cases a company may

0:17:52.000 --> 0:17:56.080
<v Speaker 1>have had no choice but to develop and deploy DRM.

0:17:56.440 --> 0:18:01.200
<v Speaker 1>So let's talk about Apple's fair Play DRMS solution, which

0:18:01.280 --> 0:18:03.879
<v Speaker 1>hasn't been a thing for many years, so this is

0:18:03.920 --> 0:18:08.320
<v Speaker 1>not a current issue. But back in the day, here's

0:18:08.320 --> 0:18:12.160
<v Speaker 1>how you would listen to digital music on a personal

0:18:12.200 --> 0:18:15.240
<v Speaker 1>device like an MP three players. Specifically, we're gonna be

0:18:15.240 --> 0:18:18.399
<v Speaker 1>talking about iPods, So you would go and you would

0:18:18.400 --> 0:18:22.800
<v Speaker 1>buy your brand new iPod. Uh, So you would get

0:18:22.880 --> 0:18:25.480
<v Speaker 1>some sort of music management software. In this case, we

0:18:25.520 --> 0:18:28.840
<v Speaker 1>have to talk about iTunes, the Apple version of that.

0:18:29.440 --> 0:18:33.679
<v Speaker 1>So this is how you organize music, how you get music,

0:18:34.280 --> 0:18:38.679
<v Speaker 1>and you would put music on that management software iTunes

0:18:39.400 --> 0:18:42.160
<v Speaker 1>in a couple of different ways. So in the very

0:18:42.240 --> 0:18:45.600
<v Speaker 1>earliest days, the only way was really to purchase a

0:18:45.680 --> 0:18:49.000
<v Speaker 1>music c D, put it into your computer that has

0:18:49.080 --> 0:18:53.040
<v Speaker 1>your music management software on it, your iTunes, and use

0:18:53.119 --> 0:18:57.520
<v Speaker 1>iTunes to then rip the music off the CD. Not literally,

0:18:57.640 --> 0:18:59.159
<v Speaker 1>the music would still be on the CD. You're just

0:18:59.200 --> 0:19:02.880
<v Speaker 1>really copying the music files. Um and converting them into

0:19:02.920 --> 0:19:07.720
<v Speaker 1>a format that is easier to store, and this would

0:19:07.760 --> 0:19:11.679
<v Speaker 1>go into your iTunes software. It would be in a

0:19:11.760 --> 0:19:15.359
<v Speaker 1>database and it would be something you could easily get to,

0:19:15.960 --> 0:19:18.480
<v Speaker 1>and you would have a digital copy of those songs,

0:19:18.920 --> 0:19:21.280
<v Speaker 1>and there'll be no DRM on that music. You would

0:19:21.280 --> 0:19:23.320
<v Speaker 1>have ripped it from the c D and it would

0:19:23.320 --> 0:19:26.880
<v Speaker 1>be DRM free music files. And in the very earliest

0:19:26.920 --> 0:19:29.040
<v Speaker 1>days of iTunes, this was the only way you could

0:19:29.040 --> 0:19:33.800
<v Speaker 1>get music the iTunes system, as in the management system

0:19:33.880 --> 0:19:38.200
<v Speaker 1>for music that existed before the iTunes Music Store did,

0:19:38.880 --> 0:19:42.199
<v Speaker 1>so you would use it to really just organize your

0:19:42.280 --> 0:19:46.240
<v Speaker 1>music collection and then transfer that music collection to your iPod.

0:19:46.960 --> 0:19:51.240
<v Speaker 1>But once the iTunes Music Store opened up, well, then

0:19:51.320 --> 0:19:55.760
<v Speaker 1>you had another option. You could buy music, either entire

0:19:55.800 --> 0:20:00.880
<v Speaker 1>albums or often individual tracks off the digital store. Now,

0:20:01.080 --> 0:20:04.520
<v Speaker 1>in either case, if you wanted to put digital music

0:20:04.560 --> 0:20:08.840
<v Speaker 1>onto your iPod, you had to connect your iPod to

0:20:08.960 --> 0:20:12.920
<v Speaker 1>your computer using an actual physical cable and you would

0:20:12.960 --> 0:20:18.720
<v Speaker 1>synchronize the iPods library to that of your computer's library.

0:20:18.760 --> 0:20:21.840
<v Speaker 1>So with Apple is pretty easy assuming you were working

0:20:21.840 --> 0:20:26.880
<v Speaker 1>with all Apple products. Uh, if you had a Mac

0:20:27.119 --> 0:20:29.840
<v Speaker 1>and an iPod, it was pretty easy. If you had

0:20:29.880 --> 0:20:31.800
<v Speaker 1>a PC and you were running iTunes on it, it

0:20:31.960 --> 0:20:36.320
<v Speaker 1>was more of a headache. So you could rip music

0:20:36.359 --> 0:20:38.160
<v Speaker 1>from your CD s where you could buy new music

0:20:38.200 --> 0:20:42.359
<v Speaker 1>tracks which would get added into your iTunes management software,

0:20:43.040 --> 0:20:46.919
<v Speaker 1>and then Apple would just automatically add those tunes to

0:20:47.080 --> 0:20:49.600
<v Speaker 1>your iPod the next time you connected it to your

0:20:49.600 --> 0:20:54.920
<v Speaker 1>computer to synchronize with your iTunes database. But the big

0:20:55.040 --> 0:20:58.679
<v Speaker 1>music publishers were wary of digital music. They had already

0:20:58.720 --> 0:21:01.919
<v Speaker 1>weathered the storm of recy in the napster days, and

0:21:02.000 --> 0:21:05.520
<v Speaker 1>so the music labels, which pretty much had the leverage,

0:21:05.760 --> 0:21:10.440
<v Speaker 1>demanded that Apple create and used DRM to protect music files.

0:21:10.480 --> 0:21:14.399
<v Speaker 1>And so Apple did because if it didn't, it wouldn't

0:21:14.440 --> 0:21:19.439
<v Speaker 1>have access to these massive companies music libraries, and the

0:21:19.480 --> 0:21:22.399
<v Speaker 1>iTunes music store would have gone nowhere. You wouldn't have

0:21:22.440 --> 0:21:26.160
<v Speaker 1>had anything to sell on it. So Apple thus created

0:21:26.320 --> 0:21:29.879
<v Speaker 1>fair play. Now, one of the things Apple did was

0:21:29.920 --> 0:21:32.600
<v Speaker 1>that it would not allow any other d r M

0:21:32.920 --> 0:21:36.359
<v Speaker 1>music onto an iPod. It had to be fair play,

0:21:36.480 --> 0:21:40.760
<v Speaker 1>DRM or nothing, which meant if you bought a track

0:21:40.960 --> 0:21:44.879
<v Speaker 1>from a different digital store, you would be out of

0:21:44.960 --> 0:21:47.880
<v Speaker 1>luck when it came to putting that track on your

0:21:47.920 --> 0:21:52.280
<v Speaker 1>iPod because these other digital stores also had to comply

0:21:52.600 --> 0:21:55.800
<v Speaker 1>with the music labels and include DRM on their tracks,

0:21:56.280 --> 0:21:59.160
<v Speaker 1>and Apple would not allow any DRM other than fair

0:21:59.160 --> 0:22:02.960
<v Speaker 1>Play in its ghos system, and Apple wouldn't license fair

0:22:03.000 --> 0:22:07.320
<v Speaker 1>play to any other company. So it essentially was either

0:22:07.440 --> 0:22:10.240
<v Speaker 1>you rip music from CDs or you have to go

0:22:10.320 --> 0:22:13.040
<v Speaker 1>through the iTunes music store. Those are the only two

0:22:13.040 --> 0:22:16.240
<v Speaker 1>options you have. You can't buy music from other digital stores,

0:22:16.840 --> 0:22:21.000
<v Speaker 1>so companies like real Player or real Play began to

0:22:21.160 --> 0:22:25.880
<v Speaker 1>reverse engineer Apple's fair play in order to develop similar

0:22:26.000 --> 0:22:29.600
<v Speaker 1>DRM that would fool Apple's ecosystem into thinking it was

0:22:29.680 --> 0:22:33.320
<v Speaker 1>fair play. That way, you could purchase music from these

0:22:33.480 --> 0:22:36.760
<v Speaker 1>other stores and get that music on your iPod. That

0:22:36.800 --> 0:22:39.520
<v Speaker 1>would give you operate options to buy music that's not

0:22:39.600 --> 0:22:43.320
<v Speaker 1>on Apple's store, or you can buy it for less money.

0:22:43.440 --> 0:22:47.040
<v Speaker 1>Like you know, real Plays tracks were sometimes half as

0:22:47.119 --> 0:22:50.959
<v Speaker 1>much as what Apple was charging. So Apple then accused

0:22:51.240 --> 0:22:54.199
<v Speaker 1>the real Player company of essentially acting like a hacker,

0:22:54.640 --> 0:22:58.000
<v Speaker 1>and Apple updated its fair play systems, and subsequently, once

0:22:58.080 --> 0:23:02.040
<v Speaker 1>the update went out, when you synchronized your iPod with

0:23:02.119 --> 0:23:05.040
<v Speaker 1>your computer, you would find that any tracks you had

0:23:05.119 --> 0:23:09.080
<v Speaker 1>bought from those other digital stores like the Harmony store

0:23:09.440 --> 0:23:12.600
<v Speaker 1>would go bye bye. They'd get deleted. And there was

0:23:12.640 --> 0:23:15.119
<v Speaker 1>a whole class action lawsuit brought against Apple for this

0:23:15.840 --> 0:23:18.320
<v Speaker 1>because people wanted the freedom to buy music wherever they

0:23:18.400 --> 0:23:21.399
<v Speaker 1>liked and then put it on their iPods. Apple actually

0:23:21.480 --> 0:23:25.119
<v Speaker 1>ended up winning that lawsuit, however, and ultimately it all

0:23:25.160 --> 0:23:27.720
<v Speaker 1>became a moot point because a few years later, Apple

0:23:27.760 --> 0:23:30.639
<v Speaker 1>discontinued fair play entirely, and at that point it was

0:23:30.720 --> 0:23:34.359
<v Speaker 1>Apple that had the leverage over the music companies. Steve

0:23:34.400 --> 0:23:38.200
<v Speaker 1>Jobs himself actually argued that DRM really only hurt legitimate

0:23:38.240 --> 0:23:41.720
<v Speaker 1>customers and so it was just a terrible business idea

0:23:42.320 --> 0:23:45.680
<v Speaker 1>to use it. Okay, We've got a couple more examples

0:23:45.680 --> 0:23:48.080
<v Speaker 1>I want to give before we end this episode, but

0:23:48.160 --> 0:23:58.520
<v Speaker 1>first let's take another quick break. Earlier in the episode,

0:23:58.560 --> 0:24:01.600
<v Speaker 1>I mentioned that you could music on an iPod by

0:24:01.720 --> 0:24:04.560
<v Speaker 1>ripping the music from a compact disc, and that is true,

0:24:05.240 --> 0:24:09.119
<v Speaker 1>but compact discs could also have their own DRM copy

0:24:09.119 --> 0:24:11.760
<v Speaker 1>of protection on them, and this brings us to one

0:24:11.760 --> 0:24:16.159
<v Speaker 1>of the most famous DRM catastrophes, that of Sony b

0:24:16.320 --> 0:24:21.040
<v Speaker 1>mg s copy protection strategy in two thousand five. So

0:24:21.040 --> 0:24:24.280
<v Speaker 1>Sony b MG decides that it wants to really control

0:24:24.480 --> 0:24:29.200
<v Speaker 1>how customers can listen or rip music from Sony b

0:24:29.359 --> 0:24:33.679
<v Speaker 1>MG albums, and to do that they leaned on some

0:24:33.880 --> 0:24:37.879
<v Speaker 1>software XCP, which was a copy protection software, and another

0:24:37.960 --> 0:24:41.920
<v Speaker 1>best called Media Max c D three. Now, this pair

0:24:41.960 --> 0:24:46.920
<v Speaker 1>of software programs were included on something like fifty different

0:24:46.960 --> 0:24:50.680
<v Speaker 1>albums within Sony b mg s library, and there were

0:24:50.680 --> 0:24:54.679
<v Speaker 1>thousands and thousands of copies of these fifty albums. So

0:24:54.720 --> 0:24:57.399
<v Speaker 1>if you were to purchase one of those c d s,

0:24:57.880 --> 0:24:59.760
<v Speaker 1>and then you were to put that c D in

0:25:00.119 --> 0:25:03.240
<v Speaker 1>or a computer, you would be presented with an end

0:25:03.440 --> 0:25:07.000
<v Speaker 1>User License Agreement or you LA e u l A.

0:25:07.480 --> 0:25:12.719
<v Speaker 1>Now we all know that hardly anyone reads those things. However,

0:25:12.760 --> 0:25:15.360
<v Speaker 1>it turns out that even if you had read it,

0:25:15.960 --> 0:25:19.200
<v Speaker 1>you wouldn't have known about what would happen next because

0:25:19.240 --> 0:25:22.000
<v Speaker 1>there was no mention of it within the u LA,

0:25:22.640 --> 0:25:27.679
<v Speaker 1>And what would happen was ridiculous. Whether you clicked on

0:25:27.880 --> 0:25:32.760
<v Speaker 1>accepting the ULA or not, the CD would surreptitiously install

0:25:33.400 --> 0:25:37.159
<v Speaker 1>that DRM software on your computer. Those two programs. Now,

0:25:37.200 --> 0:25:39.520
<v Speaker 1>if you had a Mac, there was some good news

0:25:39.640 --> 0:25:43.320
<v Speaker 1>because the software would be secretly installed on your computer,

0:25:43.480 --> 0:25:45.840
<v Speaker 1>but you would get a message from the Mac operating

0:25:45.880 --> 0:25:49.960
<v Speaker 1>system once the software tried to change the operating system

0:25:50.000 --> 0:25:52.800
<v Speaker 1>and it would ask are you cool with this, and

0:25:53.000 --> 0:25:56.080
<v Speaker 1>you could say no, I'm totally not cool with that. However,

0:25:56.119 --> 0:26:00.160
<v Speaker 1>for Windows machines, Windows of machine owners didn't get any

0:26:00.200 --> 0:26:04.639
<v Speaker 1>warning at all. It just happened. So the software would

0:26:04.640 --> 0:26:09.080
<v Speaker 1>alter the operating system, essentially behaving the same way a

0:26:09.160 --> 0:26:13.639
<v Speaker 1>root kit would from malware. So a root kit is

0:26:13.680 --> 0:26:19.320
<v Speaker 1>software that gives someone root access to your machine. Essentially,

0:26:20.240 --> 0:26:23.600
<v Speaker 1>this is the worst case scenario where a hacker gets

0:26:23.640 --> 0:26:27.160
<v Speaker 1>total control over your computer. They might lock you out,

0:26:27.240 --> 0:26:30.640
<v Speaker 1>they might secretly use it without you knowing. They could

0:26:30.680 --> 0:26:34.520
<v Speaker 1>do all sorts of things. While the software that Sony

0:26:34.560 --> 0:26:37.840
<v Speaker 1>b MG but on its CDs didn't do this explicitly.

0:26:37.920 --> 0:26:40.760
<v Speaker 1>It did not actually act like a root kit, it

0:26:40.800 --> 0:26:44.240
<v Speaker 1>behaved in a way similar to it. Like from the outside,

0:26:44.720 --> 0:26:47.000
<v Speaker 1>it would look like it was behaving like a root kit,

0:26:47.640 --> 0:26:51.159
<v Speaker 1>which meant that anti virus software would likely identify it

0:26:51.359 --> 0:26:55.520
<v Speaker 1>as a root kit installed on that computer. Plus, it

0:26:55.600 --> 0:26:59.560
<v Speaker 1>actually did create security vulnerabilities that could be exploited by hackers,

0:26:59.600 --> 0:27:02.879
<v Speaker 1>and that did happen once hackers figured it out. So

0:27:03.000 --> 0:27:05.800
<v Speaker 1>just by putting the CD into a Windows PC, you

0:27:05.840 --> 0:27:09.560
<v Speaker 1>would make that PC more vulnerable to attack, and it

0:27:09.600 --> 0:27:14.200
<v Speaker 1>gets worse, there was no way to uninstall the software,

0:27:14.640 --> 0:27:18.240
<v Speaker 1>and meanwhile, the software was always running in the background,

0:27:18.359 --> 0:27:23.040
<v Speaker 1>so it was also consuming processing power and impacting computer performance.

0:27:23.560 --> 0:27:25.760
<v Speaker 1>So not only was there no way to get rid

0:27:25.760 --> 0:27:28.160
<v Speaker 1>of it, not only did it make your computer more vulnerable,

0:27:28.200 --> 0:27:32.080
<v Speaker 1>it also made everything run worse on your machine. And

0:27:32.160 --> 0:27:35.000
<v Speaker 1>to say that Sony b MG faced a backlash would

0:27:35.040 --> 0:27:38.920
<v Speaker 1>be putting it lightly. The company scrambled to address the problem,

0:27:39.359 --> 0:27:42.920
<v Speaker 1>h its first solution actually ended up creating new security

0:27:43.000 --> 0:27:49.520
<v Speaker 1>vulnerabilities while it was supposedly deactivating the initial software. Uh

0:27:49.600 --> 0:27:53.399
<v Speaker 1>so that was not great, right when your solution is

0:27:53.440 --> 0:27:56.760
<v Speaker 1>at least as bad as the original problem, and also

0:27:56.800 --> 0:28:00.879
<v Speaker 1>a point of irony. Later on, researchers would accused Sony

0:28:00.920 --> 0:28:04.520
<v Speaker 1>b m G S DRM of containing code from various

0:28:04.560 --> 0:28:11.000
<v Speaker 1>open source programs in violation of those programs individual licensing agreements.

0:28:11.440 --> 0:28:14.960
<v Speaker 1>So in other words, Sony b MG was making use

0:28:15.000 --> 0:28:19.080
<v Speaker 1>of code without proper permission to use that code, which

0:28:19.119 --> 0:28:22.119
<v Speaker 1>meant Sony b m G, S d r M was

0:28:22.320 --> 0:28:27.240
<v Speaker 1>in itself a sort of copyright violation, which is kind

0:28:27.240 --> 0:28:31.800
<v Speaker 1>of poetic. Sony would issue a recall of all unsold

0:28:31.840 --> 0:28:35.440
<v Speaker 1>CDs that were harboring this DRM uh and a couple

0:28:35.480 --> 0:28:38.440
<v Speaker 1>of class action lawsuits followed, and it ended up being

0:28:38.480 --> 0:28:43.800
<v Speaker 1>a highly publicized and extremely expensive PR disaster for the company,

0:28:44.200 --> 0:28:49.240
<v Speaker 1>and yet DRM persisted. Now, there are lots of other examples.

0:28:49.240 --> 0:28:53.680
<v Speaker 1>We could talk about. Curig, for instance, instituted DRM with

0:28:53.840 --> 0:28:58.200
<v Speaker 1>its Curig two point oh machine moving forward, and that

0:28:58.240 --> 0:29:01.240
<v Speaker 1>would mean that these Curig machine, which are coffee machines.

0:29:01.280 --> 0:29:03.520
<v Speaker 1>If you're not familiar, you put a little pod of

0:29:03.560 --> 0:29:05.880
<v Speaker 1>coffee into the machine and you push a button and

0:29:05.920 --> 0:29:08.840
<v Speaker 1>it brews a cup of coffee for you. Well, the

0:29:08.920 --> 0:29:12.440
<v Speaker 1>DRM meant that these machines would only operate with Curig

0:29:12.440 --> 0:29:15.960
<v Speaker 1>branded coffee pods or k cups as they called them,

0:29:16.880 --> 0:29:20.240
<v Speaker 1>Kurig printed special ink. There's like a sticker on the

0:29:20.280 --> 0:29:22.920
<v Speaker 1>tops of the pods that the Curig two point o

0:29:23.040 --> 0:29:26.560
<v Speaker 1>machine and later would scan for. So the machine would

0:29:26.560 --> 0:29:29.160
<v Speaker 1>scan to look for the presence of this stuff on

0:29:29.200 --> 0:29:32.280
<v Speaker 1>the pod, and if there were no ink found, while

0:29:32.320 --> 0:29:35.360
<v Speaker 1>the machine would not work. It would not it wouldn't

0:29:35.480 --> 0:29:37.959
<v Speaker 1>allow you to brew that cup of coffee. So if

0:29:37.960 --> 0:29:40.000
<v Speaker 1>you bought it from a third party and it lacked

0:29:40.040 --> 0:29:44.120
<v Speaker 1>that sticker or that ink, no dice even if it

0:29:44.160 --> 0:29:48.320
<v Speaker 1>was a Curig branded pod from before they started doing

0:29:48.360 --> 0:29:52.680
<v Speaker 1>this practice. It wouldn't work because the earlier Curig pods

0:29:52.760 --> 0:29:56.400
<v Speaker 1>didn't have this this ink on them, and what followed

0:29:57.120 --> 0:30:00.880
<v Speaker 1>was a massive backlash from customers. Kurig saw an influx

0:30:00.920 --> 0:30:04.040
<v Speaker 1>of negative reviews and a drop in sales as well.

0:30:04.360 --> 0:30:07.520
<v Speaker 1>Third party companies began to produce pods that would fool

0:30:07.560 --> 0:30:10.280
<v Speaker 1>the Curig into thinking that it was a Curig branded

0:30:10.280 --> 0:30:13.840
<v Speaker 1>pod when it wasn't. Customers were upset that Kurig was

0:30:14.000 --> 0:30:17.880
<v Speaker 1>essentially deciding which coffees they should be allowed to drink.

0:30:18.440 --> 0:30:22.880
<v Speaker 1>It was really messy. Kurig weathered the storm mostly but

0:30:22.960 --> 0:30:26.520
<v Speaker 1>eventually settled a lawsuit accusing the company of using anti

0:30:26.520 --> 0:30:30.000
<v Speaker 1>competitive practices to prevent anyone else from producing pods that

0:30:30.000 --> 0:30:34.680
<v Speaker 1>were compatible with Curig brewing machines. The company also brought

0:30:34.800 --> 0:30:38.760
<v Speaker 1>back a device that they had discontinued called the my

0:30:39.080 --> 0:30:43.320
<v Speaker 1>K Cup, which is actually a reusable coffee filter slash

0:30:43.360 --> 0:30:48.040
<v Speaker 1>cup that allows customers to put their own coffee into

0:30:48.080 --> 0:30:51.160
<v Speaker 1>the cup and use that within a Curig machine. So

0:30:51.200 --> 0:30:53.239
<v Speaker 1>that's one way of stepping around it where you're not

0:30:53.600 --> 0:30:57.640
<v Speaker 1>having to buy the coffee straight from Curig. But yeah,

0:30:58.000 --> 0:31:00.240
<v Speaker 1>we've seen this sort of stuff a lot. In fact,

0:31:00.280 --> 0:31:03.680
<v Speaker 1>we've seen it a ton, I'd say, like the last

0:31:03.720 --> 0:31:07.520
<v Speaker 1>decade or so, maybe the last fifteen years. Really, we

0:31:07.560 --> 0:31:12.040
<v Speaker 1>started seeing companies looking for ways to create new revenue streams.

0:31:12.120 --> 0:31:14.600
<v Speaker 1>And the main way a lot of companies focused on

0:31:14.680 --> 0:31:17.640
<v Speaker 1>was how can we get customers locked into like a

0:31:17.680 --> 0:31:22.640
<v Speaker 1>subscription based model or a model where they must continue

0:31:22.640 --> 0:31:25.880
<v Speaker 1>to purchase things from us so that the thing that

0:31:25.920 --> 0:31:29.360
<v Speaker 1>they initially bought continues to work. That that has been

0:31:29.440 --> 0:31:34.680
<v Speaker 1>like a massive strategy that customers in general hate, are

0:31:34.800 --> 0:31:37.680
<v Speaker 1>typically hate UM And it's one of the reasons why

0:31:37.760 --> 0:31:41.320
<v Speaker 1>DRM is necessary because without DRM, then the customer has

0:31:41.320 --> 0:31:44.640
<v Speaker 1>the freedom to go wherever they want to get the

0:31:44.760 --> 0:31:48.200
<v Speaker 1>stuff what makes the device continue to work. And that

0:31:48.320 --> 0:31:53.280
<v Speaker 1>might be a different source, right Like for my my printer,

0:31:53.720 --> 0:31:58.160
<v Speaker 1>I might find a compatible cartridge that costs, you know,

0:31:58.360 --> 0:32:00.720
<v Speaker 1>a third of what it would cost me to buy

0:32:00.760 --> 0:32:04.160
<v Speaker 1>the official brand. I'm obviously going to be tempted to

0:32:04.200 --> 0:32:08.280
<v Speaker 1>go with that one, assuming that my printer will actually

0:32:08.400 --> 0:32:13.880
<v Speaker 1>let me use it. Um. Yeah, it's a it's a mess.

0:32:14.200 --> 0:32:17.160
<v Speaker 1>And like I said, DRM plays an important part in that.

0:32:17.440 --> 0:32:21.800
<v Speaker 1>And uh, I guess the alternative would be these companies

0:32:21.840 --> 0:32:25.880
<v Speaker 1>would eventually phase out dr M, but it would likely

0:32:25.960 --> 0:32:29.920
<v Speaker 1>mean that we would see much higher price tags on

0:32:30.000 --> 0:32:33.640
<v Speaker 1>some of these devices because the company would want to

0:32:33.720 --> 0:32:37.280
<v Speaker 1>make up that revenue elsewhere. And it might mean that, oh, well,

0:32:37.280 --> 0:32:40.320
<v Speaker 1>we're gonna have to sell this at a higher cost

0:32:40.920 --> 0:32:43.720
<v Speaker 1>because previously we were selling it low since we knew

0:32:43.720 --> 0:32:47.640
<v Speaker 1>we would make it up in the subscriptions or additional products.

0:32:47.680 --> 0:32:50.160
<v Speaker 1>So there there is a tradeoff here that even if

0:32:50.160 --> 0:32:51.760
<v Speaker 1>we get rid of d r M, it may mean

0:32:51.840 --> 0:32:57.400
<v Speaker 1>that the things we have been purchasing will get more expensive. Uh,

0:32:57.520 --> 0:33:00.560
<v Speaker 1>the individual stuff that we use on those machines might

0:33:00.600 --> 0:33:03.960
<v Speaker 1>not get more expensive, but the machines themselves could, and

0:33:04.120 --> 0:33:06.600
<v Speaker 1>I don't think people are super keen on that either.

0:33:06.720 --> 0:33:08.600
<v Speaker 1>We would like the best of both worlds, like no

0:33:08.720 --> 0:33:12.120
<v Speaker 1>DRM and still low prices, but you can't get at

0:33:12.120 --> 0:33:16.200
<v Speaker 1>all anyway. That wraps up this episode. I know it's

0:33:16.200 --> 0:33:18.400
<v Speaker 1>a quick one, but we've got a special episode tomorrow,

0:33:18.520 --> 0:33:21.440
<v Speaker 1>so I just wanted to do a fast episode for today,

0:33:21.800 --> 0:33:24.000
<v Speaker 1>and I definitely wanted to talk about it because of

0:33:24.040 --> 0:33:28.120
<v Speaker 1>the Xbox Online issue that I saw earlier today. If

0:33:28.160 --> 0:33:30.520
<v Speaker 1>you have suggestions for topics I should cover in future

0:33:30.560 --> 0:33:32.880
<v Speaker 1>episodes of tech Stuff, please reach out to me. The

0:33:32.920 --> 0:33:36.120
<v Speaker 1>best way to do that is on Twitter. The handle

0:33:36.120 --> 0:33:39.400
<v Speaker 1>for the show is text Stuff hs W and I'll

0:33:39.400 --> 0:33:48.560
<v Speaker 1>talk to you again really soon. Text Stuff is an

0:33:48.560 --> 0:33:52.280
<v Speaker 1>I Heart Radio production. For more podcasts from My Heart Radio,

0:33:52.600 --> 0:33:55.760
<v Speaker 1>visit the i Heart Radio app, Apple Podcasts, or wherever

0:33:55.840 --> 0:34:00.280
<v Speaker 1>you listen to your favorite shows. Zero