Microsoft DRM vs user rights
p2pnet news view | P2P:- Earlier this month, some fans of the NBC television programs American Gladiators and Medium found themselves unable to digitally record the shows on their personal computers. The reason for the blocked recordings raises important technical and legal questions about the rights of consumers to “time shift” television programs in the digital era.
The blocked recordings affected people that record television programs on their personal computers using the Microsoft Windows Vista Media Centre.
Most people are unaware that Microsoft has inserted a feature that allows a broadcaster or content owner to stop the digital recording of a show by triggering a “broadcast flag” that specifies its preference the show not be recorded. When the user tries to record it, Microsoft’s software recognizes the flag and issues a warning that the program cannot be recorded.
While there was speculation that the NBC broadcast flag was triggered accidentally, the incident provided an important reminder about the current fragility of consumer digital rights. The law in the U.S. has granted consumers the rights to time shift programs for decades, yet broadcasters can seemingly stop the ability to record programs in the digital world with the flick of a switch.
Cable providers enjoy similar capabilities. Digital cable boxes used by companies such as Rogers and Shaw include a CableCard that allows users to watch and record digital television shows. The CableCards feature functionality (technically known as CGMS-A) that allows broadcasters and cable companies to establish limits on recording programs.
Programs are broadcast with one of three specifications - copy freely, copy once, or copy never. The copy never specification is typically used for pay-per-view or video-on-demand programming.
As the recent NBC incident illustrates, however, there is the potential for far broader restrictions. In fact, Internet chat sites are filled with postings from aggrieved Canadian consumers who claim that they have been blocked from recording a wide range of television shows.
As broadcasters and content owners increasingly sell or stream their content online, the incentives to block consumers from making their own recordings grows.
In the United States, the law restricts the ability to block digital recordings, since cable companies face potential fines for blocking content that is not either video on demand or pay-per-view. There are no similar restrictions in Canada.
Not only are Canadians more vulnerable to abusive use of a broadcast flag, but their rights to even record “copy freely” programs are open to question. The Canadian Association of Broadcasters recently told the CRTC that consumers who record television shows for later viewing, whether on a VCR or PVR, violate the law.
There has been recent speculation that Industry Minister Jim Prentice will soon introduce new legislation that would legalize time shifting in Canada.
However, the use of broadcast flags or other recording restrictions in Canada suggests that the legal reform may be too little, too late.
Creating a Canadian time shifting provision might allow for the recording of analog television programs that cannot be blocked through a CableCard or the Windows Vista Media Centre.
In the digital world, however, the new right will be illusory since technology can be used to trump the law. Moreover, Prentice may actually make it illegal to circumvent the blocked recordings, meaning that Canadians that attempt to exercise their rights to record television programs in the digital environment could face the prospect of tens of thousands of dollars in liability.
Addressing the rights of Canadians to record television programs is long overdue. In tackling the issue, Prentice must be sure to avoid merely providing Canadians with analog rights in a digital world.
Michael Geist
[Geist is the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa. He can be reached by email at mgeist[at]uottawa.ca and is on-line at www.michaelgeist.ca.]
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May 27th, 2008 at 11:16 am
All that’s happening is that all of these digital lockdowns and restrictions is making me very good at finding freeware and other means to crack them and do what I want with my downloaded, copied, and purchased media.
I learned years ago that I have the freedom to do whatever I want with my stuff, despite what the manufacturers and distributors do in an attempt to restrict it, and in the process, learned that I can get pretty much anything I want without having to pay for anything. Way to “take back” your control of the consumers, you morons!
May 27th, 2008 at 11:27 am
and what do we the consumers learn from such incidents?
“Piracy - the better choice”
TV shows downloaded via bittorrent file from TPB for example don’t have such consumer annoyances built in!
http://thepiratebay.org/tv
May 27th, 2008 at 12:00 pm
I personally would like to see what Jim has been up to.
As a public servant it should be illegal for him to meet with any one from the entertainment industry without a reporter present.
If he wants to take away our privacy, lets take his.
May 27th, 2008 at 12:16 pm
One of the reason making Vista such a slow crappy OS is DRM.
I switched my older desktop computer to Linux Unbutu recently. Flawless Instalation with all the drivers there and already working. May be I ma luky but the system is zooming. It start in 6 seconds and shut down almonst instantly. It does everything that window does, open all the MS Office documents, play movies, DVD, CD MP3, RA, Flash Alfaq files. I have all the codecs installed.
Also I don’t have to worry as much about malware and hackers although I am still running a firewall and an antivirus software just in case. The only thing I lost is my file fingerprinting application that used to check for system integrity at startup. This was a deadly weapon against malware on windows 2K.
I did not even have to use the CD coming with my MB that contain a bunch of drivers for all the version of window including vista and of course Linux Everything is working.
This is unlike my Toshiba laptop that have drivers basically only for VISTA.
But never mine that since I apparently found all the drivers I need to run Umbutu on my Toshiba too.
After few weeks of trying Unbutu If I am still happy with it I will switch al my other systems to it.
I am suspsecting that Microcrap is in trouble with Vista DRM edition and that soon they will have to keep their craps and fuck themselves with it.
May 27th, 2008 at 12:24 pm
This is the life of a microprocessor under Window Vista:
Each milisec:
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this movie is a legitimate copy. It is. Report this to Microsft server.
Check if this MP3 file is a legitimate copy. It is. Report this to Microsft server.
Check if this CD is a legitimate copy. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this movie is a legitimate copy. It is. Report this to Microsft server.
Check if this MP3 file is a legitimate copy. It is. Report this to Microsft server.
Check if this CD is a legitimate copy. It is. Report this to Microsft server.
Work a little bit for the computer user. Stop! Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this movie is a legitimate copy. It is. Report this to Microsft server.
Check if this MP3 file is a legitimate copy. It is. Report this to Microsft server.
Check if this CD is a legitimate copy. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this version of window is legitimate. It is. Report this to Microsft server.
Check if this movie is a legitimate copy. It is. Report this to Microsft server.
Check if this MP3 file is a legitimate copy. It is. Report this to Microsft server.
Check if this CD is a legitimate copy. It is. Report this to Microsft server.
Work a little bit for the computer user. Stop! Report this to Microsft server. . . . . .
Wondering why it is slow and why the system constantly access the network?
That’s why!
May 27th, 2008 at 2:28 pm
You missed out:
Check if this movie is a legitimate copy. It isn’t. Break.
Check if this version of windows is legitimate. It isn’t. Break.
May 27th, 2008 at 3:39 pm
… They do realize that if you can watch it, you can copy it? No?
May 27th, 2008 at 3:58 pm
solution install ubuntu(best for the average new linux user) with vista that way i can do what i want then use vista/xp to play games and the few windows only aplications i need for my job.
to find out how to do this visit the ubuntu forums.
May 28th, 2008 at 3:04 am
When will they learn. If I can’t have it the way I want it and pay something for it, I’m going to have it and pay nothing for it. Ask RIAA for advice on how to handle outdated business models… No wait the fucked that up. Well you could ask MPAA… Ah crap same fault. Go ask… wait no one has done what the consumer wants??? No wonder piracy is rampant. /sarcasm off
May 28th, 2008 at 7:03 pm
I use ubuntu 8.04 on my desktop PC and it works great. Much superior to windoze. You don’t have to search the net for drivers, applications, codecs etc. The system does it for you. Lots of good alternatives to windoze programs, and they are free. It comes with alot of programs already installed; like open office, gimp, firefox…
You can even run high-end games on it. Enemy Territory, Doom3, Halflife, Quake, Sins of a solar empire (wine), WOW (wine), and lots more…
With 8.04 I would say it’s a real alternative to windoze, and you can even install it in windoze rather than booting from a setup cd.
I run ubuntu / gentoo dual boot on my desktop. However, I probably wouldn’t recommend for most laptops yet, as some of the hardware manufacturers don’t play or even provide drivers at all. WIFI is usually a sore point. Some graphic chip drivers are also missing or buggy. But things are improving, especially as demand is increasing for Linux machines. Even dell is selling ubuntu systems now, although they make it rather difficult to find them and only offer ubuntu on a limited number of models.
It doesn’t hurt to give it a try though, especially when it’s only a 600mb download.