Notes from today’s webcrawl: Zeldman leads me to
Webtype,
which links to Matt
McIrvin’s
Colophon,
wherein he discusses the CSS
techniques he uses and tradeoffs he makes.
In a curious mood, I stick around and find the obscure poetry of
E.E.
“Doc” Cummings, a descent
Into the Sepia
Zone, and an explanation of
how gravity works.
(Two are humorous, one is not. I leave determining which is which as an
exercise for the reader.)
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Less humorous is an e-mail essay posted by
Doc Searls
about the pernicious
effects of copy protection. (Update: The author has posted a
cleaned-up version.)
Let me state right at the start that
I support the concept of copyright. I fully believe that authors and
creators should have some control over their work. But I’m not entirely
convinced that corporations should be granted the same rights, and I
absolutely oppose the idea that copyrights are forever.
Unfortunately, the ability to make decisions one way or another may
soon vanish. The consumer electronics industry increasingly works with
the entertainment industry to make it difficult for people to copy
or display works without paying for them. The problem is that these
systems create a double standard. Only corporations can create
copy-protected works. If you record something—your wedding perhaps—on
a digital recorder, you can’t get the digital recording back, only
an analog interpretation. Portable
MP3
players can play back CD-quality sound but can’t record better than
monaural phone-quality sound. (Read the essay for more examples. It's
quite alarming.)
Is this what we want? Our rights are being taken away from us.
The public domain is being chiseled away, simply because the newer,
better technologies assume you don’t have any rights beyond viewing—and
even that isn’t certain. Remember DivX, the DVD-like system where you
had to pay every time you wanted to watch something? And it’s not just
viewers and listeners who are affected. The Digital Millennium
Copyright Act may make it illegal to
publish
the methods used to break
SDMI.
That’s right, basic research is threatened. Our laws are protecting
copyright holders by preventing anyone from talking about holes in
copy protection schemes.
What will we lose because of this? Just to make one, small example,
let's look at a hobby of mine: Japanese animation, or anime. In recent
years, this has become an established industry, with players like
Pioneer and Bandai selling English-dubbed or subtitled versions of
anime TV shows and movies. They did this because there was a fan base,
and the fan base developed largely through the underground efforts
of fans who imported and distributed video tapes. Some were purely
legal efforts, like fan groups who bought a single tape and passed
it around along with a translation. Others distributed copies, or
even created fan-subtitled versions. Both are illegal, but as long
as things stayed small-scale, people figured no harm was being done.
Large distributors who charged money were called pirates and
avoided by the veteran fans.
I’ll admit that I’ve watched fansubs. I’ve even chipped in to pay
for some, although I didn't keep copies. (It was for Escaflowne,
which I later bought when it came out legally.) Over the years, I’ve
put several hundred dollars into legal anime products and merchandise
(whether that sounds like a lot or very little depends on how into
the scene you are). That’s money that would have been spent on
something else if it hadn't been for those most-likely-illegal tapes
sparking my interest.
Would it be possible for something like anime fandom to spring up
in the future? Not if the industry has any say. Consumer DVD
recorders will not copy copyrighted disks, so fansubs are out, but
it gets worse. The DVD system divides the world into regions,
and a player from one region won’t play disks from outside that
region. That means imports are out. If I bought a Japanese
DVD, I would not be able to play it on my DVD player. I would
be unable to view a disk that I have purchased the right to play.
This is progress?
I don’t think we're doomed. The dance between copy protection
and copy protection breakers is a long one, and hardly anyone
bothers with it in the software world anymore. (Except Microsoft,
which is adding some half-hearted
protection to Windows.) Sure, Intel may be talking about
encrypting the very contents of your hard drive and refusing to
show you anything it determines you don’t have the right to see,
but there will be workarounds or alternate systems.
If I spend a lot of time complaining about the
DMCA
and the SDMI
(1,
2,
3,
4,
5,
6,
7,
8),
it’s because it alarms me to see these decisions
get made without considering the consequences. In criminal law
we want to reduce the number of people who are guilty of crimes
but go free, but it is at least as important—I would say more
important—that people who are innocent of crimes do not get
convicted. It is the same with copyright. While we want to
prevent people from pirating video or music, we also have to
protect the rights of small-time creators who simply want
to record their own work. (And don’t say, “Of course that
would be allowed,” without reading that essay first.)
My point, which I’m pretty sure is buried somewhere in that
disorganized ramble, is that these schemes to prevent illegal activities
also prevent legal activities that the entertainment industry
doesn’t like. That is when things have gone
too far.
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