The Engadget Interview: Jack Valenti
You have personally come to personify the MPAA-
Well, I've been here 38 years, so if you last that long, you become an institution.
Some people have portrayed you as anti-technology. Not guilty?
Over time, I believe that technological innovation is the best way to go. All of our companies are working very closely with the best brains in the information technology industry right now to try to see if there's some way that we can deal with the piracy problem.
I have said, technology is what causes the problem, and technology will be the salvation of the problem. I really do believe we can stuff enough algorithms in a movie that only the dedicated hackers can spend the time and effort to try to plumb through those 1,000 algorithms to try to find a way to beat it. In time, we'll be able to do this, because I have great faith in the technological genius that's out there.
You've made your biggest mark fighting Internet movie piracy. Why?
We know that with DVDs and VHS, we lost $3.5 billion a year worldwide due to analog or hard-goods piracy. Now, we don't have a number on digital piracy yet but know that digital piracy will be far worse than analog piracy if left unchecked. I've seen camcorded movies that are uploaded to the Net and they are very, very watchable. A lot of camcording is taking advantage of the fact you can go into a theater and plug in to one of those sound systems you have in the armchair for hard-of-hearing people. And the sound comes over crystal clear-beautiful sound. These camcorders are small, they're digital, and they do a remarkable job of duplicating the film.
How big a threat is this, and what technological measures is the movie industry taking to stop it?
If everything stayed just as it is right now, we could probably survive it, because even with broadband it takes at
least an hour to bring down a movie. But I visited the labs at Caltech, and they're running an experiment called FAST
where they can bring down a DVD-quality movie in 5 seconds. The director told me it could be operative in the market in
18 months. Well, my face blanched.
We're trying to put in place technological magic that can combat the technological magic that allows thievery. I hope
that within a year the finest brains in the IT community will come up with this stuff. A lot of people are working on
it—IBM, Microsoft and maybe 10 other companies, plus the universities of Caltech and MIT, to try to find the kind of
security clothing that we need to put around our movies.
It may be possible to so infect a movie with some kind of circuitry that allows people to copy to their heart's
content, but the copied result would come out with decayed fidelity with respect to sound and color. Another would be
to have some kind of design in a movie that would say, 'copy never,' 'copy once.' Some new business model may want to
put a movie out on the Internet just after it leaves theatrical exhibition. We can't afford to let that be copied at
that juncture because it's the [home entertainment] aftermarket where you make your profits.
You've traveled around the country during your tenure and spoken with a lot of young people. Do they agree
with your take on this?
I've talked to about 3,500 students at Harvard, Yale, NYU, Stanford and Duke—eight universities in all. When I ask,
how many of you believe that what you're doing is wrong, morally and legally, most of their hands go up. But they
rationalize it by saying, yes, it is a kind of stealing, but everybody else is doing it, and it costs too much to go to
a movie. There's a rationalization that goes on, but I am convinced if we keep putting this moral imperative before
them and if the professors follow through on this, it will have an effect.
Do consumers have a fair use right to remix a few seconds of a Hollywood movie into a home movie
project?
There is no fair use to take something that doesn't belong to you.
That's not fair use. If you're a professor in a classroom, you show 'Singing in the Rain' to your class. You can fast
forward it, and there's no performance fee for that. That's fair use. Now, fair use is not in the law. People are
taking fair use and changing it to unfair use and claiming that it's fair use.
Do you own any cool gadgets?
I have a TiVo set. I truly enjoy it. The movies I get on TiVo come from television, HBO or pay per view. We do not yet
have video on demand—there's semi-video on demand, things like CinemaNow and Movielink. But the technology is moving
with such speed that video on demand will be here shortly.
Does Hollywood worry about gadgets like EyeTV or Snapstream, which let you record TV and movies on your
computer and transfer it around the house?
No, because you're not seeing new releases, unless you bring it down from the Internet in an outlaw form.
So there are no restrictions that Hollywood wants to place on what people can do with media on their
computers?
Well, I can't tell you that. We have to see what the technology can provide.
What would you say to a mom who wants to make a backup of her kids' DVD movies?
When you go to your department store and you buy 10 Cognac glasses and two weeks later you break two of them, the
store doesn't give you two backup copies. Where did this backup copy thing come from? A digital thing lasts
forever.
When is the next generation of DVD players coming out with new forms of copy protection?
The MPAA's technology people have been meeting with the IT and CE [consumer electronics] people and the chip
manufacturers. We have meetings every month, trying to find some way to come to some concord about how we're going to
deal with the future. It's moving, but at a lesser velocity than I would like. It's very hard. You're dealing with
technology, with fragile concepts. I'm not putting the blame on anybody, I'm just a fellow who likes to move. I'm an
action-now fellow, and sometimes I get frustrated.
Some have suggested that tech companies need to reengineer the PC to make it a 'trusted appliance' for watching
copyrighted entertainment. Do you share that view?
Right now, I don't know exactly. But in time, the technology innovation is moving with such celerity that Gordon
Moore's old deal, that every 18 months a chip doubles in capacity and power, is being brought down to about 12 or 8
months. When I look at what Caltech and Internet2 are doing, it's incredible.
Does it bother you that you're portrayed as a villain in some quarters of cyberspace?
I don't relish it but I know what I'm doing is right. I want to look ahead. I want to have what Mr. Churchill says is
the seeing eye, to know what's on the other side of the brick wall. I believe in change. Change irrigates every
enterprise, and particularly the movie business. So, I welcome it, but I want to make sure that thievery is not going
to lacerate our future.
What keeps you up at night?
Not a thing. I sleep like a baby.
How do you see the motion picture landscape in five years?
The one thing that won't change 50 years from now is the story; the thing wherein it will catch the conscience of the
king, as Mr. Shakespeare put it.
When Frank Capra was making movies, when D.W. Griffith was making movies, it was all about the story. Today, we have
technological changes, and you can do all sorts of digital wizardry, but digital morphing is not a story, and a
computer cannot replace the story. It merely helps you enhance your story. I think the computer is the smartest
mechanism the world has ever seen, but there's one thing a computer cannot do. It cannot predict human behavior. So
that's what is not gonna change.
Will it be hard for your successor to step into your shoes?
I was in Dallas in the motorcade on Nov. 22, 1963, and I saw that day a brave young president murdered, and a new
president take over. The president is dead, long live the president, the nation goes on. No one is indispensable, I
learned that day in Dallas. My successor will come into this job and he won't be me, but he might do a hell of a lot
better job than I'm doing.
What do you hope your legacy will be?
I hope people will say I never had a hidden agenda, and I never played it cute around the turns, and that my integrity
stayed intact.





















"I have said, technology is what causes the problem, and technology will be the salvation of the problem."
*sigh* :-
what kind of new system are they going to put out that restricts people from making copies and still will entice everyone to change over? DVD's are plenty good and HD-DVD's dont have MUCH DRM built in so they are a good switch. but anything to proprietary might not last and i am not buying anything i cant control after purchase (ie: drm'ed music, videos)
He likes to compare DVDs to kitchen ware?!?! Nice.
When I buy a glass, I buy it to put liquids in. Its a physical object. When I buy a DVD, I buy it for the movie that is on it, and not the DVD itself. For instance, ages ago I bought Jurassic Park on VHS. At the time, I considered myself to have owned a copy of Jurrassic Park. It made me slightly upset that I had to pay full price to get a copy on DVD. The difference between the two is I value a glass for its physical function and a movie for the entertainment contained on the media, not the media itself. Consumers are getting more and more savy to this everyday.
I suppose, however, that if he were president of the KWAA (Kitchen Ware Association of America) that he'd be proposing schemes like charging me each time I pour milk into my glasses.
what kind of new system are they going to put out that restricts people from making copies and still will entice everyone to change over? DVD's are plenty good and HD-DVD's dont have MUCH DRM built in so they are a good switch. but anything to proprietary might not last and i am not buying anything i cant control after purchase (ie: drm'ed music, videos)
The cognac glass analogy is incredibly faulty. If I let a glass sit on a shelf for 100 years it will still function. Not true for CDs/DVDs. I have seen severals cds from a library that are unplayable due to oxidation, with no way to replace them because they are out of print.
Backup is merely a very effective form of repair. If my car fails should I not open the hood to fix it and maintain my investment? If a glass breaks can I not mend it? Should I not be allowed to maintain the investment I have made in a piece of media by backing it up?
"What would you say to a mom who wants to make a backup of her kids? DVD movies?
When you go to your department store and you buy 10 Cognac glasses and two weeks later you break two of them, the store doesn?t give you two backup copies. Where did this backup copy thing come from?"
Look, either you are selling content or you are selling physical goods -- you cannot have your cake and eat it too. When you buy a DVD you are buying content. The DVD is merely the delivery vehicle for the content. If I buy a tune from itunes and then burn it to my CD and it breaks, should I then also not be able to re burn it? It infuriates me that people like Jack Valenti have no problem gouging the public with expensive dvds and then when the medium is no longer useable try to compare it to a pair of cognac glasses.
On Thursday night someone broke the window of my car at the West Oakland BART station and in addition to stealing the dvd player in the car stole all of my kids dvds -- about 20 of them which were hidden in the glove compartment. They stole the dvd player even though I had taken the face plate off and it is essentially worthless to them without it.
Now Vallenti wants to tell me that I'm SOL and why don't I just go out and drop another $500 buying my content all over again -- and he has the audacity to speak about a "moral imperative."?!
This guy is classic. How about this Jack. How about I just download everything I want for free and use any resource I have to avoid ever paying for another dvd for the rest of my life. How about I just copy everything to my PC and burn it to dvd for play in my car in the future and don't give you or your friends another god-damn dime. There is a reason that you are portrayed as a "villian" in cyberspace. And while you may have a modicum of power based on your previous position with the MPAA, the tide is turning and things like you opening your mouth and saying really stupid things will ony bring about both grass roots political change and technological pirating tools faster.
You, my friend, are a hypocrite -- someone who talks about the value being the content one day and the form the very next.
"Some new business model may want to put a movie out on the Internet just after it leaves theatrical exhibition. We cant afford to let that be copied at that juncture because its the [home entertainment] aftermarket where you make your profits."
Really? And would that be the same aftermarket you tried to squash 25 years ago by comparing the VCR to the Boston Strangler?
*rolls eyes*
Oh my ... I like to hear his perspective and though he surely is missing some 'logical imperatives', but you don't have to bash him, he's just doing his job ...
Well, maybe he actualy knows and is just playing dumb to fool the general public into their 'piracy has no future'-wet-dreams, but you tech-savy people should calm down, his case is lost ...
As long as the consumer has a way to view the content, there is a way to copy that content.
No matter how many 'algorithms' they put in there, they have to provide us with a way to decode them ...
"When you go to your department store and you buy 10 Cognac glasses and two weeks later you break two of them, the store doesnt give you two backup copies. Where did this backup copy thing come from? A digital thing lasts forever. "
Is it ok for me to make my own copy of the Cognac glass design for my own personal use, Jack? I don't think anyone expects backups to be supplied to us, but some of us would like to make our own.
I think quite a few of us have lost "digital things" due to hard disk crashes, as well as scratched or broken dvds and cds, most of my digital things fail to last more than a few years
If interviews become a regular feature of Engadget, I hope the interviewer learns how to ask followup questions. Pay close attention to the answers you're given, and base your next question on the answer. That way, you don't follow up a hardball question on fair use with "own any cool gadgets?"
Just my unsolicited advice.
The problem with DRM and copy protection is that it is already getting way too invasive. DVI/HDMI with HDCP is a perfect example. You have a TV with DVI inputs, and a DVD player with DVI outputs, but you can't use the DVI ports because one or the other doesn't support HDCP copy protection? That sucks. Not to mention that HDCP has caused some compatibility issues with devices that both support it and should work together.
In the future, if they make an encryption scheme that can't be cracked, you'll still be able to pirate using analog component connections. Component video outputs a pretty nice picture, is it really worth creating all these problems and limitations to keep people from copying via DVI when they can just copy via component? This will hurt law-abiding consumers a lot worse than it will pirates.
ok, I tried to listen to him with open mind, but the faulty analogies (they really want to sell ideas as products, right?), just pisses me off.
"A digital thing lasts forever". thing? what thing? the "thing" with digital is that we finally separated the content from its representation (the vessel, so to speak). the digital is always experienced by some vessel, but it can jump around to new vessels, and that's what makes it last forever. the name of this game is SHARING (if it's for others) and BACKING UP (if it's for yourself).
i mean, it only lasts forever if you BACKUP YOUR STUFF constantly. otherwise, it will just die away with the media. and guess what, our media are fragile, real fragile. any oxidation, or magnectic pulse can destroy it. if we don't share or backup (same technique here, remember) it just inherits the physical properties of its vessel, and dies away.
sharing and backing up digital data is precisely the only way to keep it eternal. and that's what we're doing.
please, don't patronize me with this talk. either he doesn't get it, or he thinks he can dupe us with silly words.
T-Mobile will have the new devices available this September 2004.
When I buy Cognac glasses, I own the glasses - lock, stock, and barrel.
However - as the Movie industry is so fond of telling us at every opportunity - I do NOT own the content of my DVD's; I merely licence it. If I should happen to damage the DVD media (which I own) my licence to enjoy the content (now unretrievable) remains unaffected.
The man is a jackass. Good riddance.
If you want to see a view on the long term effects of not paying for content, then read Peter Hamilton's book 'Misspent Youth' - it paints a horrible picture of a world with bland advertising ridden media. This is required because creating content or media costs money and if the viewers don't pay for it then the only alternative is advertising.
I do not mind paying a reasonable price for content - just like 99.9% of people out there.
I do object to getting ripped off for CDs and DVDs and I really object to having to wait longer for a DVD release of an film/series than for the VHS release, just because some money grabbing corporation is hoping that I will buy the VHS first then also buy the DVD later.
1. SORT OUT THE SALES CHANNEL
2. GET THE CONSUMER COSTS DOWN
You will then find that piracy drops to reasonable levels. People genuinely like to have 'originals', but they must be able to afford them. Please explain to me why a VHS tape of a film cost $5 but the DVD version costs $15 .... I know that the manufacturing costs do not account for the discrepancy. Remember that it is always the CONTENT and not the MEDIUM that you are selling. The MEDIUM is just the delivery vehicle....
You bought 10 glasses and broke 2... I bought only 1 DVD. If you try to make a comparison, try to make a good one.
Digital lasts forever? That's probably why 70% of my backup cd's are unreadable after 6 years, even without using them.
I download whatever I'm interested in, I don't give a damn about copyright. But when the downloaded material is worth the price they ask for in a store, I'm willing to buy. E.g. cd's of Moby are sold about 7-9 Euros. That's a good price for some good music.
Of course, when your name is JackAss Valenti, and you ern a few tousand dollars a month, you don't give a shit about the price you're paying.
You know what? Try to buy some braincells... And take your friend G. Bush with you.. He needs some too.
DRM is pointless, and here is why. When you encrypt something, you encrypt it to stop someone viewing you secret message. In order to see the secret message, you need 3 things:
1. The encrypted message
2. The decryption algorithm
3. Some sort of key
DRM provides all three things to the end user, thus making it a complete waste of time.
The same thing happened with CDs. Initially, people thought the reason they cost more than tapes was because of the new media. But since people have seen how cheap it is to make a CD (5 cents or less a piece), people don't want to pay for the media the content is on when they can get the content for free and burn a CD for a nickel.
People are pissed of that DVDs cost so much because they can go buy a 25 pack for $15 and burn 25 movies illegally for the price of 1 legal DVD.
Trying to stop it will only make you look like a jackass. If I buy a DVD or CD, I'm buying the content, not the medium. So I have a right to make sure I have access to the content regardless of the medium. That is, I'm allowed to make backups.
If I'm buying the medium, then you have no claim to the content on said medium, and I can redistribute it in another form, like over the Internet.
Like a previous poster said, you can't have it both ways Jack. You're old, go home and try to figure out your TiVo and let the people who know about technology make the decisions, not the people who think the Internet is the tool of the devil.
I would have liked the interviewer to react to the statements made by Valenti in this interview, than to just fill in with new questions.
Comparing DVD movies to Cognac glasses.. shows how out of touch with reality Mr.Valenti is. Hopefully the person who steps in will be more 'in touch with reality', and if not.. it wont be any worse.
Technology regression caused by the Media companies will be the end of all.
I may not get free backups from my cognac glasses but I can certainly rent them out to other people which I can't do with a DVD. Maybe Jack is saying I should be able to rent out my DVDs to other people. Maybe DVDs are different to cognac glasses.
Cognac vs. DVD
1. Cognac glasses do not come with a license agreement.
2. Cognac glasses are not covered by copyright (decorative designs might be).
3. NOBODY WOULD EVER BUY 10 COPIES OF THE SAME DVD AT THE STORE, because nobody buys a DVD for what it is, rather, for what it has on it.
4. It costs money to make a "backup copy" of a glass. Making a backup copy of a DVD yourself is almost free.
In conclusion, it is a waste of time to listen to this man.
"Now, fair use is not in the law."
Then whats s107 of the 1976 Copyright Act, Jack?
"we lost $3.5 billion a year worldwide due to analog or hard-goods piracy"
I have always wondered how they derive these figures. This is my guess, if someone has a better idea, please inform me.
'Ok, so you bought 'Shrek' from a pirate in a market in Phuket before heading home from your holiday. You paid 50c US for it. At home, that would cost $15. So we have lost $14.50 to piracy'.
Erm, has the thought ever crossed these peoples minds that they haven't lost a damn thing, because I wasn't planning on paying $15 in the first place. Come to think of it, now that I have paid my 50c and seen the first one again, I might actually go to the cinema to see the sequel. Much cheaper advertising than all those billboards in every city.
What kind of Cognac glass forces me to watch 10 minutes of Disney ads and FBI warnings before I can enjoy the Cognac?
Now this man is a hypocrite.We know that.
Then he's stupid.Given the above^ then he really shouldn't give any more interviews.
It just goes to show that you can wing yourself to the top.Imposter!
This shows not only in his words, but his totally inert solutions.
He doesn't have one?
He's not leaving because he's old, or because his bank account has too many digits for him to count.
He's getting out for the reason he stated -- technology caused the problem, and it will solve it. Technology originally caused the problem of distribution channels, and now it's going to solve it, and destroy the RIAA as we know it at the same time.
He wants to get out with his head, his cash, and before more people want his blood. Good luck, former ass. head.
How do these people calculate how much money they lose from piracy? I've downloaded movies online before, only to actually buy them later on. Where does he get this number "$3.5 billion a year"?
Most people download stuff as a try-before-you-buy feature. This goes for movies and music as well. I bet you not only this figure astronomically off, but that these idiots want a share of the non-existant market.
The real cost of piracy is not higher prices as we are told by MPAA, RIAA etc. It is lower prices.
I'm not advocating piracy here, but drawing a logical conclusion from experience.
Several years ago PC games were all on floppy disks and could easily be copied. At that time the average price for a PC game was about $35.00. At the same time the average price for a game console cartridge (difficult to copy EPROM chips) was nearly $70.00.
In a about a three month span of time almost all games for the PC were made available only on CD-ROM. At the same time the average price for a PC game jumped to $60.00 and more. Quite a coincidence there isn't it? But I'm not done yet.
When this happened CD burning was expensive and error prone. I don't think there were any non-SCSI interface burners out there and burners were expensive to purchase and not very easy to use. Over the next year the total cost of aquiring and using a CD burner dropped like a rock. Once the burner prices dropped below four or five hundred dollars, the price for PC games began dropping as well. This is more than just a coincidence.
This little sequence of events in the real world tells me that as soon as the producers of content thing they have an impossible to copy medium(or nearly so), they will jack the price up through the roof.
Kind of like the Laffer curve. The higher the financial burden, the more the consumer will seek a way to avoid paying it. You want to curb piracy, improve value by dropping prices and stop producing crap for content (especially the record industry).
Most of the people here don't get this:
When you buy digital content such as a movie or a sound recording you have obtained the right to view/listen to the content AS IT IS on the medium it is supplied on (and within other limits of the license, such as not broadcasting, showing it to the public or lending it). That means, if you buy Jurassic Park on VHS which may retail at $5 in your market, you have acquired rendering of the content that is either formatted for analog PAL or NTSC with a resolution of about 500-525 vertical lines and so and so many horizontal dots sans Dolby Digital surround. That is what may get for $5. If you want crisp digital 1000 lines+ interpolated image with Dolby Digital then you can have that too, but that may then retail at $15 or more. "Buying the movie" for $5 on VHS is NOT THE SAME THING as "getting it on DVD", and you have in no way acquired a license to the higher resolution digitally enhanced rendering of the movie just because you bought a low-res analog tape.
Now to answer another question some of you had: Why should I upgrade to post-DVD equipment if I already know it will prevent me from arbitrarily pirating digital content? Content providers will make available digital content that will by far surpass DVDs already superb viewing (and listening) experience. Some day you may have, as a consumer, access to technology that will render digital content at the highest resolution the content provides themselves acquired the content at (for example the resolution of the camera that filmed a scene in a movie, can't go higher than that really). Today, it takes about an hour to steal a 650Mb MP4 transcoded movie today, tomorrow it will take an hour to steal an full-blown DVD and by the time we get to the really hires content it will probably take an hour to steal that too! Would you want to risk that as content provider?? I didn't think you would so don't expect the content providers to take this risk.
Now on to another favorite subject of the online pirate community. I saw that some of you poked fun at Valenti for saying that more technology will stop digital piracy. I'm not sure how well Valenti is into the technological side of this but I for one work in the field. More (and better!) technology will indeed put an end to CASUAL copying. I can personally envision hardware components that authenticate each other with authentication keys deeply buried in the silicon and that exchange only encrypted content where someone with a circuit probe could get at it. Oh and don't think, just because someone uses a million dollar lab and cuts one of the chips into slices and extracts key material that it will do him good. If piracy started to become as rampant again as it is now we would just mark all those compromised components invalid (over the air!) FORCING YOU to go out and buy new uncompromised hardware. (No way to escape that, as your equipment would periodically want to hear from an activation-authority whether or not it is still okay to operate and just shutdown if you don't let the activation authority through). But don't worry. This will not happen very often and I can assure you that those criminals would be __VERY(!)__ sorry if they got caught. For these technological countermeasures to really work they will be backed up by DRACONIC LAWS. (What do you think should happen to a bunch of criminals by whose action hundred-thousands of people are forced to buy new equipment because a bunch of crooks compromised content security?? Throw them in jail? for ten years? for twenty years? throw away the keys??).
I guess most of you are so full of concern because you see your ability of "fair abuse" going away. If content owners let you copy/cite their property then that is their choice. If they don't want to you to ruin their sales or misappropiate their property then that is their choice too. As far as I'm concerned the content owner makes the rules. Technology and legislation will enforce these rules hand in hand creating a safe environment where (almost) all interested parties will profit: Content providers will be empowered to market ever higher resolution content to consumers having access to a wider and far higher quality selection of entertainment. Almost all will profit, of course, except the crooks. They will watch Jurassic Park on VHS tapes in prison. It would also only be more than fair if those tapes would also be the copy of a copy of a copy :-)
The bad guys, i.e., the MPAA, since they don't know anything about logic, haven't realized the mathematical implausibility of DRM, where you want to give and at the same time retain the right to play (which is completely equivalent to copy) content to the consumer.
But eventhough they don't understand the previous, they have a foggy idea about it, therefore know that the only way to keep people from sharing content (i.e. competing with them in the distribution) is through surveillance; which means that they will push legislation to monitor and supervise every consumer's use of content.
The sad thing is that politicians, those in power, as always, will want to have that increased power of surveillance over their subjects.
Then, the media industry provides the excuse: enforcement of content piracy prevention, and the politicians create their Police State.
It is happening now, DCMA.
"What do you think should happen to a bunch of criminals by whose action hundred-thousands of people are forced to buy new equipment because a bunch of crooks compromised content security??"
Same thing that happened to prohibition - the laws get repealed.
That kind of insane copy protection will completely alienate casual consumers of media like myself. I already can't watch some of my DVD's cause I have to hook it through a VCR to get to my old-ass TV. And I enjoy making video mixtapes to put on while I do chores. I have to use a videocamera pointed at the TV to include cool scenes from movies I own that have copy protection on them. This annoys the living hell out of me, so I no longer buy movies from companies I know use copy protection I can't get around.
Nobody was ever up in arms about kids making mixtapes to listen to in the car. Why is this so different? It's fun. It's why I enjoy the media. If they take that away, then I'm no longer interested.
The bad guys, i.e., the MPAA, since they don't know anything about logic, haven't realized the mathematical implausibility of DRM, where you want to give and at the same time retain the right to play (which is completely equivalent to copy) content to the consumer.
But eventhough they don't understand the previous, they have a foggy idea about it, therefore know that the only way to keep people from sharing content (i.e. competing with them in the distribution) is through surveillance; which means that they will push legislation to monitor and supervise every consumer's use of content.
The sad thing is that politicians, those in power, as always, will want to have that increased power of surveillance over their subjects.
Then, the media industry provides the excuse: enforcement of content piracy prevention, and the politicians create their Police State.
It is happening now, DCMA.
The guy up who speaks about clarifications, who also works in the futile attempt to make DRM schemes, doesn't get it.
A quick refutation: I will never allow willingly a device of mine to behave like a device of someone elses that obeys their orders before obeying mine. I always shut off the serial number of my pentium III, etc. And guess what? the same is Joe Average going to do. So, I don't expect DRM trusted gadgets to be popular. Compared with the free options, they'll look so restrictive. Then, what will happen is the same that has happened with every device that has "elitism" built in: There won't be the network of supporters that give life to new technologies. What you don't get is that the sharing is an extremely important component of the network of supporters, and DRM alienates that.
What you have right, is what you say about DRACONIAN LAWS. In the end, even fools like you will discover that the only way to protect the content industries as they are known today, will be through police states.
But guess what? Are us going to give you so easily our liberties just to allow your content's industry friends to keep doing business as usual?
I think your friends who produce content don't have a business anymore, so, they have to play along with technology. Look around you, see the Software industry: They are realizing that there is more ways to recuperate the money invested in doing good software than selling licenses, the mere fact that someone is using your software is a business oportunity in which you have a large advantage to do follow up businesses.
Gentenfloor, you are an idiot. Just because I'm too lazy to explain why doesn't mean I lack a good reason. Now stop sucking the MP/RIAA's cocks.
That's the only thing that I can see to explain the lack of follow-up questions.
In reply to Geltenfloor.
Casual copying is definately not a problem. For every genius working to stop piracy, there is an equally smart guy working to do it. Almost every copy of videos are coming from one source and are re-encoded from there. Music is different in this case, but all movies, games, applications, etc... Are generally being shared from people that have the technical know-how to bypass anything that has been thrown at them thusfar.
Basically, stopping casual copying won't do anything. What needs to be changed. is the loose laws on Peer-to-Peer networks, and IRC networks.
> If piracy started to become as rampant
> again as it is now we would just mark
> all those compromised components invalid
> (over the air!) FORCING YOU to go out and
> buy new uncompromised hardware.
This shows the kind of disdain idiots like you and Valenti have for their customers. In all likelihood, millions of customers would THROW OUT all those compromised components. You and your arrogant ilk would thankfully be OUT OF JOBS.
There are plenty of non-technical solutions that would make the consumer happier, and in the long run make more money for your industry. But as long as you view the customer as the enemy, you're going to continue to deservedly lose money on piracy. Many of us don't even consider piracy, but given attitudes like yours, we don't really worry too much about it either.
> What do you think should happen to a bunch of
> criminals by whose action hundred-thousands of
> people are forced to buy new equipment because
> a bunch of crooks compromised content security??
> Throw them in jail? for ten years? for twenty
> years? throw away the keys??
Those would be *your* actions to destroy your customer base, not that of the criminals.
Let me refute this clueless post by a clueless individial.
>When you buy digital content such as a movie
>or a sound recording you have obtained the
>right to view/listen to the content AS IT IS
>on the medium it is supplied on (and within
>other limits of the license, such as not
>broadcasting, showing it to the public or
>lending it). That means, if you buy Jurassic
>Park on VHS which may retail at $5 in your
>market, you have acquired rendering of the
>content that is either formatted for analog
>PAL or NTSC with a resolution of about 500-525 [snip], and you have in no way acquired a
>license to the higher resolution digitally
>enhanced rendering of the movie just because
>you bought a low-res analog tape.
No law defines what you so-called "as-is".
By your logic, I don't have the right for a DVD version if I only bought a VHS. That's completely reasonable. However, your logic does not apply when I buy a DVD version and makes a backup of it on either VHS or DVD: since higher quality, resolution, etc. is not involved, I'll still have the right to watch it.
MPAA have repeatedly stated that when we "buy" a DVD, we don't buy the content but we buy the medium. Since we buy the medium, if the medium is damaged we have the right to repair it ourselves. If a backup is involved in the process, I think the Supremem Court would rule it as legit.
>Now to answer another question some of you
>had: Why should I upgrade to post-DVD
>equipment if I already know it will prevent
>me from arbitrarily pirating digital content?
Your behavior of labelling everyone who's pro-backup / fair-use here as "pirate", gives away how mentally mature you are.
>I'm not sure how well Valenti is into the
>technological side of this but I for one work
>in the field.
Being in "the field" may give you a better understanding of how things technically work, but you may still be clueless about the social implications of the technology.
>More (and better!) technology will indeed put
>an end to CASUAL copying.
>I can personally
>envision hardware components that authenticate
>each other with authentication keys
>deeply buried in the silicon and that exchange
>only encrypted content where someone with a
>circuit probe could get at it.
I can personally envision the pain of developers of these chips when they design and debug.
I reckon you probably will choose not to care what my personal vision is. Of course, neither do we care about yours.
>Oh and don't think, just because someone uses
>a million dollar lab and cuts one of the chips
>into slices and extracts key material that it
>will do him good. If piracy started to become
>as rampant again as it is now we would just
>mark all those compromised components invalid
>(over the air!) FORCING YOU to go out and buy
>new uncompromised hardware.
For some strange reason you seem to think that when your version of the future happens, people will still use technology available yesterday to reverse engineer it. You haven't seen a talented hacker yet I tell you. If your company shares this shortsightedness with you, better look for another job before it goes belly up.
>(No way to escape that, as your equipment
>would periodically want to hear from an
>activation-authority whether or not it is
>still okay to operate and just shutdown if you
>don't let the activation authority through).
Blah blah blah. We should rejoice if it is all your technology does. Sounds too easy to crack, not even worth trying.
>But don't worry. This will not happen very
>often and I can assure you that those
>criminals would be __VERY(!)__ sorry if they
>got caught.
I hope you are aware this is a crime only under controversal laws bought by the RIAA like DMCA.
And also, "if they got caught". This is a big "if". I'd say, it is not hard at all to release a hack anonymously without getting caught.
Heck, I can even make the hack a poem and print it on T-shirts. It is protected speech.
>For these technological countermeasures to
>really work they will be backed up by DRACONIC
>LAWS.
Glad you realize that. All of your technical measures mentioned above can be broken within weeks if not days. You better hope there is DRACONIC LAWS behind them.
>(What do you think should happen to a bunch of
>criminals by whose action hundred-thousands of
>people are forced to buy new equipment because
>a bunch of crooks compromised content
>security??
Define "content security". If the laws were confined to rights to make copies I don't think anyone would object here.
The MPAA's definition of "content security" includes measures of questionable legality and morality such as Region Coding.
Crackers who defeat these questionable schemes may be considered as "crooks" by you, but they're "heros" in a lot of places where people enjoy real freedom instead of the US of A "freedom".
>I guess most of you are so full of concern
>because you see your ability of "fair abuse"
>going away.
Refer to my comments above about the relationship between name-calling and immaturity.
>If content owners let you copy/cite their
>property then that is their choice. If they
>don't want to you to ruin their sales or
>misappropiate their property then that is
>their choice too.
It is their choice within the boundaries of the law. If the law allows fair use, so be it. If the law forbids price fixing, then defeating region coding is a good thing. It ruins your sales? Tough luck. Especially if a lot of those sales revenue is illegal to begin with.
>As far as I'm concerned the content owner
>makes the rules. Technology and legislation
>will enforce these rules hand in hand creating
>a safe environment where (almost) all
>interested parties will profit: Content
>providers will be empowered to market ever
>higher resolution content to consumers having
>access to a wider and far higher quality
>selection of entertainment.
You have it backwards. The laws are the rules. Content providers and the people obey them.
>Almost all will profit, of course, except the
>crooks.
Almost all who play by the rules of MPAA will profit. Who will not profit? Individual artists. Non-member content providers. The market. I guess they're all crooks. They are anyway in MPAA's point of view.
Couple of comments
1> let's stop pushing the backup thing. It's just hypocrisy - be honest, that's not the only reason we want to copy them! It's really just a side issue, and hurts more than it helps
2> they like to keep hammering this "stealing" word. Well. If I go into a store, and take 10 cognac glasses, it's stealing, because the store now has 10 less cognac glasses. I've deprived them of something. If I copy a DVD, I haven't deprived anyone of anything. I MAY have deprived someone of the POTENTIAL of me possibly purchasing it - but that's not necessarily true either. Therefore piracy != stealing, because there is no concrete loss involved.
3> as pointed out above, whatever stupid technology comes in is short term. In the long run, if you can watch it, you can copy it. Simple as that.
4> Most people I know who used to pirate mp3's don't anymore - they buy them. Why? because it's cheaper and easier now - these Russian 5c per song sites are great. People are willing to pay for a product if they feel that the worth they get out if it justifies the cost. That's the principle behind shareware, and it works!
5> as we enter an era where piracy is going up, the cost of making movies is plummeting. The Spielburg $100 million dollar budgets are pointless now - you can do it all with a computer program.. and effects which used to cost millions kids can do at home with Maya. As time goes on, the cost of making movies will be going down at the same rate piracy goes up. If those costs are translated into lower dvd costs, people will continue buying, not pirating. The only people who will eventually have to lose out is the "artists" - who at some point will have to take a more reasonable salary... does anyone really think walking on and saying a few lines actually justifies a $15 million dollar payment?
It'll do the industry good to lose a few bucks.
... but a cognac glass doesn't restrict you as to what regions of brandy (cognac versus Armagnac, for instance) that you can drink with it.
Also store-replacement of a cognac glass would be the equivalent of store-replacement of the DVD, which was not what was being suggested. If it was possible to duplicate cognac glasses in your home, would there be any problem with duplicating a replacement for a broken one? I think not!
While Valenti was babbling about cognac, the new MPAA boss gave a Q&A over at the L.A. Times (free registration).
Can't really tell if he's any better than Valenti. I guess in time we'll find out.
http://www.latimes.com/business/la-fi-glickman1sep01,1,5678686.story?coll=la-home-business
"That kind of insane copy protection will completely alienate casual consumers of media like myself. I already can't watch some of my DVD's cause I have to hook it through a VCR to get to my old-ass TV. And I enjoy making video mixtapes to put on while I do chores. I have to use a videocamera pointed at the TV to include cool scenes from movies I own that have copy protection on them. This annoys the living hell out of me, so I no longer buy movies from companies I know use copy protection I can't get around.
Nobody was ever up in arms about kids making mixtapes to listen to in the car. Why is this so different? It's fun. It's why I enjoy the media. If they take that away, then I'm no longer interested."
The reason that no-one was ever "up in arms about kids making mixtapes" is because people back then had the sense to read Title 17 and actually pay attention to the Fair Use section and the rights it grants including non-commercial private reproduction.
To the person who said that backups are not really the issue: they are to me! The only audio CDs I've ever burned have been trip/car backups of CDs I own (and still own), and I've never downloaded unauthorized copies of music.
The only reason I've bought as many DVDs as I've bought is because CSS was cracked, so I feel confident that I can back up my collection as soon as storage prices drop low enough (though even at $0.10/GB it will still cost me on the order of $2000-5000 to back it all up, not to mention the time it will take). At least that's only a factor of 2-8 times from the current price of storage - but density has to increase as well, I'm waiting for the terabyte 1" cube, or the petabyte memory card. I just hope the number of discs I've lost to media degradation is minimal.
I really don't see the point of going so far to protect the content of media when all current media is fundamentally flawed. There is and can be, given the interoperablility of current media, no way to prevent copying of the media's content. Your DVD example for instance. You go right ahead and encrypt it to hell and back and sell everyone outragously expensive players that connect to their existing TV. All I have to do is go out buy a $60 video capture card, install it in my computer, plug the player's svideo, f-connector, or component video into the card instead of my TV, get a $6 cord from radio shack and pipe the audio to my line in on my computer and record to any unencrypted easily distributable format I want without any loss of quality. You see it really don't matter what security methods you put into play, there will always be around it. Yes, I'm in agreement with those above that this guy is an idiot. I don't think i need to reiterate why. Now someone mentioned devices with authenticating trancivers. presuming your dvd player of the future authenticates it's connection to your TV and sends an encrypted signal that only the TV which was given the decryption key during authentication can decipher, what's to stop me from putting in a splitter and using a line anylizer with logging function to capture that data, save it, anylize it, and develop a pice of hardware to duplicate the authentication and decryption functions of the TV, or one could rip apart one of the new tv's and go through the hassle of marking down each component and build a circuit schematic of the TV, study this schematic and more or less chop out the display controller(s) and use what's left of the TV to build a device to authenticate and decrypt the signal before passing it out as PAL, NTSC, or whatever unencrypted standard is desired. I'm also quite sure video capture cards will still be around and will be made to support the newer standards.. so it's all an excercise in futility. They have to keep changing because with each new technology it's only a matter of time before it's security is circumvented. All new devices with such "features" do is delay the progression of mass piracy. Perhaps the RIAA and MIAA need to turn their focus inward instead of trying to control the masses. It would do them much better instead of pissing off the masses to instead better their reputation through less questionable practices and better products, services, and interpersonal skills. I judge companies by both their products and their actions. For instance Apache has a wonderful product, and their actions have yet to incite anything but applause from me, especially their recent rejection of Microsoft's unreasonable licencsing
I'm both a mother of three, with 2 of them toddlers. I can say with assurance that if it was easy to back up DVDs, I'd do it with every DVD we buy. I have lost 3 $20 movies and 2 $50 games in 2004 alone. Stuart Little II got snapped in half by my toddler. I now own a license to the content on a snapped DVD. Disk 1 of Shrek got hopelessly scratched when my toddler used it to dig holes in the back garden. I now own Shrek on a very scratched and unplayable DVD. And so forth and so on.
When I buy a CD for my kids, I immediately rip it and burn a copy for them to use. Then I put the original away. This is what Valenti wants to stop... and you know what, it's legal, perfectly and completely legal. What the law gives, technology can take away. And the DMCA can prevent you from getting it back. Nifty trick.
dej
in the crowd I run with, I was in the exact same situation as the woman above.
I must have had $300 woth of unplayable dvd's. I leanred about dvd decrypter and dvd shrink as a resultof the fallacy in Valenti's "congnac" example.
The content production, and marketing, prfit to retailer, etc., which I already paid for, supposedly comprise 95% of the cost, and the media 5%, Inalmost every case I would have been force to pay 100% again to replace the disks.
thanks jack valenti for making me learn dvd shrink. if yuowant to cherry pick your morality adn analogies cool. I now know all about $.20 blank dvds and dvd shrink. I have explained it it all my friends. you can guess the rest.