422013 Team Guts CSC 540 1 DRM history 422013 Team Guts CSC 540 2 DRM Timeline Too Much CRAP 422013 Team Guts CSC 540 3 DMCA 422013 Team Guts CSC 540 4 DMCA Highlights ID: 708088
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Slide1
Digital Rights Management
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DRM history
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DRM Timeline: Too Much CRAP
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DMCA
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DMCA: Highlights
Crafted in 1996, passed in 1998 to “protect” copyrighted content that could be delivered digitally
Reads like a document designed to protect an out of date business modelMakes it a crime to circumvent “anti-piracy” measures
Makes it a crime to distribute, manufacture, or sell DRM cracking technologies
Provides exemptions to researchers, ISPs, certain libraries, educational institutions, and certain content providers
Requires “content providers” to pay a licensing fee to copyright holders (RIAA, MPAA, etc.)
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DMCA: Section 1201
Details the “Anti-Circumvention” Regulations
‘‘§ 1201. Circumvention of copyright protection systems
‘‘(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES.—(1)(A) No person shall circumvent a technological measure that effectively controls access to a work
protected under
this title
.”
‘‘(2) As used in this subsection—
‘‘(
A) to ‘circumvent protection afforded by a technological measure’ means avoiding, bypassing, removing, deactivating, or otherwise impairing a technological measure; and
‘‘(
B) a technological measure ‘effectively protects a right of a copyright owner under this title’ if the measure, in the ordinary course of its operation, prevents, restricts, or
otherwise limits
the exercise of a right of a copyright owner under this title
.
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DMCA:
Screwing the Consumer
Protects “copyright holders”Protects “content providers”
Protects “delivery providers”Protects law enforcementSort of protects researchers, libraries, and schools
Puts the consumer at the mercy of all of the above
Actually encourages piracy and
jailbreaking
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DMCA: Encourages Piracy
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DRM Failures:
Macrovision
through HDCP
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Macrovision
Original copy protection scheme
Used on VCRs in 1984Later added to DVD players – still in use
Macrovision now known as
Rovi
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CSS and DeCSS
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SDMI
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Sony Rootkit CDs
Would you say an audio CD that installs hidden software on your PC, without your consent, that compromises your computer's security to the point that hackers could use it for malicious purposes, was:
a) a really great product,b) an average product,
c) an extremely bad product, ord) the worst product anyone has ever released in the history of the music industry
?
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BD+
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HDCP
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Emerging trends
DRM IDs: A Violation of Your Privacy, a Limit on Your Transactions
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Who Tracks Your Purchase?
Um, everyone.
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Big Brother IS Watching
"The war on privacy, which comes to us courtesy of the National Security State, is the means by which the government wages all of its other wars. Without the ability to monitor, track, and catalog the day-to-day individual behavior, the centralized state is unable to carry out all of its other freedom-crushing activity."
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Who Owns Your Purchase?
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Ownership
If you’re a pirate – you own your ill-gotten gains.If you’re a legitimate consumer, the content provider still “owns” your stuff.Limits on how many times you can copy.
Limits on what device can be used.If the provider discontinues support, your stuff “disappears”.
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Emerging trends
Eliminating the Producer and Going DRM free
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DRM Free Options
AmazoniTunesWalmartAudiophile (
www.hdtracks.com)eMusicNapster
LimeWireAudio LunchboxLiveDownloads
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Eliminate the Producer
Trent Reznor
Stephen KingJ. K. RowlingTor/Forge eBooks (the ONLY publishing house to do so)
Many content producers have opted to join with major resellers in offering DRM free content, but not many are going direct to the customer. And don’t forget the EME controversy with HTML5.
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Emerging trends
DRM in HTML5
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EME in HTML5 = no DRM?
“Because
it's clear that the open standards community is extremely suspicious of DRM and its interoperability consequences, the proposal from Google, Microsoft and Netflix
claims that "[n]o 'DRM' is added to the HTML5 specification" by EME. This is like saying, "we're not vampires, but we are going to invite them into your house".
“Proponents
also seem to claim that EME is not itself a DRM scheme. But specification author Mark Watson admitted that "Certainly, our interest is in [use] cases that most people would call DRM" and that implementations would inherently require secrets outside the specification's scope. It's hard to maintain a pretense that EME is about anything but DRM
.” – Cory Doctorow
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DRM consumers’ Rights
Protected or Infringed Upon?
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Infringement
"There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back." - Robert A Heinlein,
Life-Line
“The purpose of DRM is to give content providers leverage against creators of playback devices.” - Ian
Hickson
, on overseeing the HTML5 standard at the W3C
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Protection
Um, yeah. Couldn’t find any. Crickets.
I guess the only “protection” you have is protection against prosecution – but that’s iffy.
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Questions?
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Sources
All of the images Karen used in this presentation were flat out STOLEN with no attribution. Sorry, boys.
105th Congress of the US, 2d Session. (1998, January 27).
H.R. 2281. Retrieved March 17, 2013, from Digital Millenium
Copyright Act: http://www.gpo.gov/fdsys/pkg/BILLS-105hr2281enr/pdf/BILLS-105hr2281enr.pdf
Anonymous, the Hacker Collective. (2001, April 20).
RIAA Challenges the SDMI Attack
. Retrieved March 28, 2013, from Extras - The Register, UK: http://www.theregister.co.uk/extra/sdmi-attack.htm
Bradley, P. (2013, March 20).
DRM encourages piracy, not libraries!
Retrieved March 27, 2013, from Phil Bradley's Weblog: http://philbradley.typepad.com/phil_bradleys_weblog/2013/03/drm-encourages-piracy-not-libraries.html
Defective By Design. (2012).
What Is DRM?
Retrieved March 27, 2013, from DRM - Defective By Design: http://www.defectivebydesign.org/what_is_drm
Electronic Information Privacy Center. (2004, March 29).
Digital Rights Management and Privacy
. Retrieved March 17, 2013, from Privacy - EPIC: http://
epic.org/privacy/drm/default.html
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Sources
Goble, G. (2011, June 16). DRM from 1998 to the Present: A Brief History of Copy Protection
. Retrieved March 17, 2013, from Articles - Maximum PC: http://www.maximumpc.com/article/features/drm_1998_present_brief_history_copy_protection?page=0,1
James, D. (2003, August). Digital Rights Management & Music: A Barrier to Creativity?
Retrieved March 29, 2013, from Music Business Articles - Sound on Sound: http://www.soundonsound.com/sos/aug03/articles/drm.htm
Jantakahalli
, P. (2012, Second Quarter).
To DRM or Not To?
Retrieved March 22, 2013, from
Impelsys
Official Newsletter: http://www.ipublishcentral.com/campaign/IPC-Newsletter/newsletter_q2_2012/technology.html
Lanxon
, N. (2007, November 20).
Top Ten Terrible Tech Products
. Retrieved March 22, 2013, from CNET UK - Gadgets: http://crave.cnet.co.uk/gadgets/top-ten-terrible-tech-products-49293700/9/
Layton, J. (2013).
How Digital Rights Management Works
. Retrieved March 22, 2013, from Tech Articles - How Stuff Works: http://
computer.howstuffworks.com/drm.htm
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Sources
New Media Rights. (2007, November 1).
A Citizen's Legal Guide to the Digital Millenium
Copyright Act (DMCA). Retrieved March 23, 2013, from Copyright Articles - New Media Rights: http://www.newmediarights.org/guide/legal/copyright/citizens_legal_guide_digital_millenium_copyright_act_dmca
Pfeiffer Consulting. (2001, February 8).
The Hidden Dangers of Digital Rights Management
. Retrieved March 15, 2013, from The Pfeiffer Report: http://www.pfeifferreport.com/trends/ett_DRM.html
Roettgers
, J. (2010, September 17).
DRM FAIL: Five Broken Copy Protection Schemes
. Retrieved March 30, 2013, from Tech News and Analysis -
Gigaom
: http://gigaom.com/2010/09/17/drm-fail-five-broken-copy-protection-schemes-2/
Suehle
, R. (2011, November 3).
The DRM Graveyard: A brief history of digital rights management in music
. Retrieved March 27, 2013, from Life Articles -
OpenSource
: http://opensource.com/life/11/11/drm-graveyard-brief-history-digital-rights-management-music
Suehle
, R. (2012, July 9).
The DRM Graveyard Part 2: A brief history of digital rights management in video and TV
. Retrieved March 27, 2013, from Life Articles -
OpenSource
: http://
opensource.com/life/12/7/drm-graveyard-brief-history-digital-rights-management-video-film-and-tv
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Sources
Suehle, R. (2012, July 9).
The DRM Graveyard Part 2: A brief history of digital rights management in video and TV. Retrieved March 27, 2013, from Life Articles -
OpenSource: http://opensource.com/life/12/7/drm-graveyard-brief-history-digital-rights-management-video-film-and-tv
Vora
, P., Reynolds, D., Dickinson, I., Erickson, J., & Banks, D. (2001, January).
Privacy and Digital Rights Management: A position paper for the W3C workshop on Digital Rights Management, January 2001
. Retrieved March 30, 2013, from WC3: http://www.w3.org/2000/12/drm-ws/pp/hp-poorvi.html
Wikipedia. (2013, March 30).
Digital Rights Management
. Retrieved March 30, 2013, from Wikipedia: http://en.wikipedia.org/wiki/Digital_rights_management#E-books
Wikipedia. (2013, March 14).
Sony BMG Copy Protection Rootkit Scandal
. Retrieved March 17, 2013, from Wikipedia: http://
en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootkit_scandal
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The Rise and Fall of Ownership
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EULAs. EULAS EverywhereSteam (Valve)
Origins (EA)Dropbox
You are now free to take off your tinfoil hat.
Or keep it on. Your choice.
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Steam
Steam subscriber agreement
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“Limited terminable license”You don’t actually ‘own’ the games and content we sell, but you’re purchasing access to use/play them.
“The Software is licensed, not sold. Your license confers no title or ownership in the Software.”
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Now you’re thinking with Portals!
Break copyright laws. (DMCA)Violate their “Online Code of Conduct”Upload Trojan horses, defame other users or otherwise make people hate you.
Modify the delivery software.
Resell or trade their content outside provided trading system.
Modifying content source code;
Employ protocol emulation or protocol tunneling
Obvious illegal behavior.
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Terminable?
Your account may be suspended for, guess what, violating our EULA. When that happens, you’re not getting a refund for the stuff you bought.
“In the event that your Account or a particular Subscription is terminated or cancelled by Valve for a violation of this Agreement or improper or illegal activity, no refund, including of any Subscription fees, will be granted.”
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Origin
Terms of Service
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Limited terminable = Limited non-exclusiveAgain, you don’t actually “own” the content you purchase from us. We’re allowing you to play it for the time being
“EA grants you a personal, limited, non-exclusive license to use Content and Entitlements…”
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Don't you use your fancy mathematics to muddle the issue.Obey all local, state and federal/national laws relating to their services.
Copyrights (DMCA)
Prohibited from content resell and modification.
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Spam a chat channel or engage in “disruptive” behavior.
Improperly use in-game support or complaint buttons.
Use and communicate exploits and/or cheats.Abuse undocumented game bugs/features.
They suspect you are using software to hack/cheat
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Aaaand Boom goes the Dynamite.
EA can and will terminate your account at any time after giving 30 days notice or lessOr none at all. It’s all up to them, really.
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EA’s Policy on User Generated Content (UGC)
EA respects the intellectual property rights of others.
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“When you contribute UGC to an EA Service, you expressly grant to EA and its licensors a non-exclusive, perpetual
, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish,
use, adapt, translate, archive, store, reproduce, modify, create derivative works from
, syndicate, license
, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party….
You waive and agree not to assert any moral or similar rights you may have in such UGC
.”
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TL;DR: We own your stuff. Get over it.
Pictured: An every day experience with always online DRM
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DropBox
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Huh? You actually “own” your data here?
“You retain full ownership to your stuff. We don’t claim any ownership to any of it.”
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EULA violation
Violating the DMCA.DMCA takedown NoticesViolating the law in any way or the privacy of others.
Breeching security authentication.Malware, Trojan horses, virusesGeneral interference with network.
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Crime and Punishment
Violation of EULA will result in action left up to Dropbox’s discretionReserves the right to terminate account at any time, though promises to “try to let you know in advance and help you retrieve data”.
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Sources:http://store.steampowered.com/subscriber_agreement/
http://www.ea.com/terms-of-servicehttps://www.dropbox.com/termshttp://www.rockpapershotgun.com/2012/02/01/thought-do-we-own-our-steam-games/
http://gigaom.com/2008/07/03/who-owns-your-online-documents/
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Consumer ProtectionWhat could keep me from using the stuff I paid for/host with the service?
Yeah that sounds bad but is that really happening?How can I recover from/circumvent that?Well then what are some services that get it right?
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Always-OnUser must always be connected to server in order to play.
Used even in Single Player campaigns.Content you have purchased is rendered unusable without internet connection.Causes problem for those with bandwidth caps.Progress may be lost.
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Always-On - Implementation
SimCityServers only used for authentication. Game could easily run locally.City of HeroesMMO that used servers for more computations. Was shut down in late 2012.
Uplay systemGame stored locally but incomplete. Uplay tracks progress and downloads code as game progresses.
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Always-On - Recovery
Depends entirely on the communityMore popular content get hacks/workaroundsLegal – Not if your life depended on itVirtually all EULAs contain a clause about altering/enhancing the application
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Limited DownloadsContent may only be downloaded a specified (or unspecified) number of times or is limited by a time frame.
If you go over the number of downloads and your machine dies, you’re SOL and must repurchase content.
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Limited Downloads - Implementation
Amazon Kindle BooksLimits you to an undefined number of downloadsAmazon MP3Limits number of devices you can registerWii U
Account tied to one (1) console.
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Limited Downloads - Recovery
Again, no legal recovery.Depends entirely on hacks.
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Required Programs/Proprietary File types
Services deliver their content in a file type only readable/launched by proprietary software.Makes it much easier to revoke licenses/access to content.
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RP/PF - Implementation
Amazon Kindle KF8 (notice a trend?)2009 – Sold Animal Farm without rights to it. Refunded users and remotely deleted content from devices.Origin
Content purchased on service must launch the service to play.
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RP/PF - Recovery
Third-party services exist that can convert proprietary file types to open source types.Ex: KF8 to TXT with CalibreLegal: Questionable. Most likely not in your TOS though.
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User Account BanningRogue admin doesn’t like criticism and bans you.
You lose access to all purchased, free, and uploaded material.There are no refunds.
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User Account Banning - Implementation
EVERY EULA has a clause allowing this.Often have very generalized requirements.Give more flexibility to the provider.
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User Account Banning - Recovery
Contact Customer ServiceMake sure you weren’t breaching the TOSAttempt to appeal banMost will attempt to settle it out of courtLast ditch effort: spread it to the media
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Transferring LicensesLimits may be placed on transferring licenses between accounts, devices, etc.
Time limitsCount limits
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Transferring Licenses - Implementation
Xbox 360Can transfer content licenses from one console to another once every four monthsCan not transfer content between Xbox LIVE accountsSteam
License cannot be transferred between accounts…period
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Transferring Licenses - Recovery
No legal method to circumvent transfer restrictionsRemember: licenses are (for the most part) limited, terminable, and non-transferable
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Be ProactiveDo your research
Compare EULAs and TOSMost services have an alternativeEx: Dropbox/Google Drive, Steam/Origin, iTunes/Amazon/Google Play
Compare reputations with users
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Choosing the Right Service
Content DistributionLook for:No “Always-On” DRM
No limited downloadsAbility to access content on multiple devicesHeavy-handed admins
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Choosing the Right Service
Content Storage (Lockers)Look for:Reputation (Are they hosting copyrighted materials?)
Local mirroringMake sure what belongs to you remains yoursDon’t forfeit ownership
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Sources
http://arstechnica.com/gadgets/2009/07/amazon-sold-pirated-books-raided-some-kindles/http://arstechnica.com/gaming/2010/02/ubisoft-details-drm/
http://calibre-ebook.com/about
http://www.cinemablend.com/games/SimCity-Now-Available-Always-DRM-Causes-Major-Launch-Day-Issues-53303.htmlhttp
://consumerist.com/2011/05/12/amazon-cloud-player-locks-user-out-of-music-collection/
http
://consumerist.com/2009/06/23/amazon-tries-to-clarify-download-limits-for-kindle-books-doesnt-quite-succeed/
http://consumerist.com/2009/06/22/amazon-kindle-books-can-only-be-downloaded-a-limited-number-of-times-and-no-you-cannot-find-out-that
/
http://geardiary.com/2009/06/19/kindles-drm-rears-its-ugly-head-and-it-is-ugly/
http
://store.steampowered.com/subscriber_agreement/
http
://
support.xbox.com/en-US/xbox-live/marketplace-and-purchasing/download-content#transfer
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