Andrew Orlowski
This archive is mostly work for The Register, except where indicated. For my most recent stories for The Register, click here.
On Creativity, Computers and Copyright

A neat technical caper, the psychology of Creative Commons advocacy tells us plenty about how real creativity is valued.

Or more accurately, how it isn't.

21/7/2004
Doonesbury savages Pepperland's copyright utopians

Bill Thompson was quickly slapped into line after asking what Creative Commons does for moral copyrights. (Quick answer: nothing).

So Creative Commons is emblematic of how even the best of the US fails to understand how the rest of the world works. Is this a failure of empathy? Or a deeper philosophical failure which places too much emphasis on the law, and therefore "hacking" the law? As we know, you can't throw an iPod in the United States without it hitting either a lawyer or an economist. And look where they've got us.

The price of membership of this ideological appears to be exaggerated deference.

25/2/2005
'p2p is leagal its already bought its in the air'
A quite extraordinary e-mail arrived one day, from a K-12 school in Kentucky
p2p fs is leagal its already bought its in the air how can it be illegal i looked into it and the courts just want money
5/10/2005
Why wireless will end 'piracy' and doom DRM and TCPA - Jim Griffin
Jim explains what carrots will bring the copyright holders to the negotiating table. One of the longest pieces we've ever run at The Register. You'll see why. "When I was 14, I told girls I loved them to sleep with them too. It was a fiction. Steve Jobs just leaves a little money on the table."
11/2/2004 [more » RIAA ]
Free legal downloads for $6 a month. DRM free. The artists get paid. We explain how...
Preview of William Fisher's alternative compensation model.
1/2/2004 [more » RIAA ]
drm
Sony unsinged by rootkit CD fiasco

... And given an atomized tech savvy population, tagging and bleating in the safety and comfort of their own PCs, Sony's nefarious tactics have failed to harm the business ...

Incredibly, sales were unharmed by the two-week media orgy. Why?

22/11/2005
The Real RIAA (and other True Crime Stories)
Gene Mosher's great letter defending his right to enjoy his cultural inheritance.
3/5/2003 [more » RIAA ]
MPAA, RIAA seek permanent antitrust exemption
The fascinating conversion of Senator Orrin Hatch, who once proposed compulsory licenses for the RIAA, is in Joe Menn's book about Napster, All The Rave.
26/11/2003 [more » RIAA]
Dirty rotten inducers - the law the IT world deserves?
Senator Hatch's conversion to the RIAA's cause contrasts with the ineffectual approach of 'digital rights activists'. It should be clear to anyone that for many DRM campaigners, the war is too good to spoil with a settlement.
26/4/2004

The blandness of digital culture is a problem. It's believed that experience isn't anything really special. And it undervalues things that are subjective. So the world of aesthetics starts to become ignored, or rebelled against, or rationalized, or just handled very poorly - so you get this feeling to digital culture of hyperblandness. Everything has a blurring into everything else, and nothing has an identity or flavor.

Jaron Lanier
DRM is doubleplus good for business, Congress advised

The Congressional Budget Office factored in the cost impacts of legislation on the private sector. But not much else. A victory for the Cult of Objectivity, but not for commonsense:

"One of our more obscure functions is that we do private sector mandate estimates, calculating the impact of legislation on the private sector," a staff source told us. Indeed that's very apparent. But what about the public cost?

"We don't do that. It's not part of our responsibility. That's a much more subjective analysis," said our source.

"The report does acknowledge that creative people are driven by attributes other than price," said our source.

14/8/2004
Biometric DRM is 'empowering' says iVue maker
Brant thinks that the iVue will be as revolutionary as the Walkman, which knocked him out when he first saw it in 1979.

"I've tried to read as many replies as I can and as many pages of what people are feeling about this. But I believe this technology can really empower the end user," he says. "You'll have the ability to lock up and secure stuff in this digital diary. That's a part of it I would really like to see brought into the light - the Victorian Diary in the padlock, the journal in a leather case that held the secrets of the owner."

Evoking the era when piano legs were covered with fabric because their wanton erotic displays of wooden-leggyness might upset the stability of the Empire, and when adolescents were forced to wear metal contraptions which would inhibit masturbation, hardly seems to set the right tone for a new era of empowerment, we thought.
11/6/2004
DRM begins to work its magic
How the music biz can sell our old stuff as new, all over again. If you can recreate the inconvenience of physical goods in a digital form, then it's a marketing opportunity.
27/7/2004
iTunes DRM cracked wide open for GNU/Linux. Seriously
"Johansen cracked iTunes DRM scheme in November by releasing code for a small Windows program that dumps the stream to disk in raw AAC format. This raw format required some trivial additions to convert it to an MP4 file that could be played on any capable computer.

But in the best Apple ease-of-use tradition, Johansen has now made this completely seamless, integrating it with the VideoLAN streaming free software project..."
5/1/2004 [more » Music and Digital Rights more » Apple]

Lock-down CD scores No.1 hit
A harbinger of the later Sony 'rootkit' fiasco. Sony's notorious XCP left PCs open to malware, and a disabled CD drive. But XCP was on the market for eight months before the story broke, and in fifty CDs. A depressing testament to the uselessness of 'internet activism': it takes a rare slip before anyone notices.
18/6/2004
RIAA attacking our culture, the American Mind
The RIAA's president Cary Sherman is lamenting that there's a lack of civility in the debate over sharing the music we love. He's complaining that people object to his effort to plant bombs in your computer. He says such people are irrational.

The New York Times reveals that the record companies are preparing a program called "silent", which "Locks up a computer system for a certain duration - minutes or possibly even hours - risking the loss of data that was unsaved if the computer is restarted," the Times tells us. "It also displays a warning about downloading pirated music."

This latest bombing campaign follows the RIAA's attempt in October to get bombing prohibited from limited damages: a daring and unusual move for a bomber. Bombers usually light a fuse and then run away, or fly away at a very high altitude, but this bomber wants to return to the scene of the crime and deny the victims their right to get recompense for the destruction. That was the Berman Bill.
4/5/2003 [more » Music and Digital rights]
The Real RIAA (and other True Crime Stories)
Gene Mosher's great letter defending his right to enjoy his culture.
3/5/2003 [more » riaa ]
RIAA's Rosen 'writing Iraq copyright laws'
"Under Iraqi copyright legislation, passed by The Revolution Leadership Council in 1971, a copyright lapses 25 years after the death of the author, but no more then fifty years after the publication of the work. It's shorter for private works, and there are several public interest exemptions.

We wonder which member of The Revolution Leadership Council penned this, or whether someone wrote it for them, but the real author of this enlightened document ought to step forward. Maybe they could help liberate the USA - which extended copyright to seventy years after the author's death - from Hollywood?
29/4/2003

Perhaps the truth is less interesting than the facts?

Amy Weiss, RIAA


Stealth plan puts copy protection into every hard drive
The discovery of Hollywood's attempt to copy control hardware (by putting CPRM in the ATA hard drive specification) ultimately failed, but was the first widespread public awareness of the Evil That Men Do. Palladium, or share-denial "by consent" followed.
20/12/2000 [more » Stuckist Net more » RIAA]
A CPRM FAQ
Why the silly name? The Register broke this story just before Christmas, and held the fort for ten days while reaction made its way around the Internet. On December 29, Dawn C. Chmielewski of the San Jose Mercury wrote a front page lead about the plan. The consternation created by the story had by then reached boardroom level at IBM and Intel, who quickly sought a compromise measure. ZDNet covered it a month later. No series has ever had such an impact on traffic, which trebled over the period.

The Scientific American
The Industry Standard
Counterpane - Bruce Schneier
... A list of CPRM stories at The Register from December 2000 to March 2001
29/12/2000
The open PC is dead - start praying, says HD guru
An open letter by the chair of the standards committee, Hale Landis was prescient. "Basically your 'general purpose personal computer', aka 'home computer', is history. This should not surprise anyone since Microsoft has done everything in its power to convert the home computer into an Internet appliance. And Intel still thinks it can convert home computer into the central house and consumer electronics 'control center'. But I think both Intel and Microsoft will find they can't fight the entertainment industry either. They too will end up doing anything so they can continue to sell hardware and software to the 'home computer' market. But we probably should start talking about the 'computer enhanced consumer electronics' market."
7/3/2001 [more » Stuckist Net]
Stealth copy protection - where we are now
"CPRM is alive and well: as we reported in October it's being built into anything that supports a SD card. Microsoft, Palm and the Symbian operating systems all support, or will support, CPRM. That's where most people would agree it belongs. ...

The future of the PC however, looks bleaker. The righteous crusade against CPRM by the EFF may have made detecting and blocking CPRM a lot more difficult, some EFF members now privately acknowledge. In March, the T.13 committee blocked a proposal erroneously described as 'son of CPRM' but which was simply documented an interface where otherwise hidden commands may be detected. The important context in all this, is that with much of each hard drive's command set undocumented, the DRM-lobby never needed to approach the standards body at all."
29/12/2001 [more » Stuckist Net]
The Stuckist Net - what is your post-Palladium future?
A discussion on the viability of post-Palladium open hardware. If we build it, will they come?
19/8/2002
A Stuckist Net - you want in
This coincided with an orthogonal series of articles by Bill Thompson at The Register and The Guardian: Damn the Constitution: Europe must take back the Web Bill Thompson, The MeatSpace Mailbag and Bill Thompson answers critics. There's a Wiki entry you might want to help along here.
22/8/2002
Webcasters slap RIAA with antitrust suit
"The Webcaster Alliance has filed a suit against the Recording Industry Association of America and five major record labels for anti-competive behavior. The case arises from a deal last year, details of which were first reported by The Register, between a handful of small webcasters and the RIAA to set performance royalty rates.

"The WA alleges that the plan was part of a strategy to wipe out an entire industry at birth - the independent webcasters - and the suit has explosive political implications for senior Congressman Sensenbrenner who forced the deal. Sensenbrenner later admitted taking $18,000 from the RIAA for a trip to the Far East."
28/8/2003 [more » RIAA ]
Radio royalties: the ticking timebomb under the RIAA
"We believe RIAA and members control 85 to 90 per cent of the dominant market for music. They're seeking to eliminate a distribution channel that is absolutely vital to competing music from independents," he argues. "Music has a very difficult time getting exposure through traditional means. And yet the regulatory barriers are very low - Internet radio is a great way to distribute music in a convenient fashion." Raising the barrier to entry cuts off the air supply to thousands of smaller webcasters.
12/7/2003 [more » RIAA ]

96 pc of Net Radio' to close after backroom deal screws grassroots 'casters
The smallest, non-profit webcasters accuse a cabal of thirteen small commercial operations of misleading Congress and the public by negotiating a deal which saves the wealthier stations from performance royalties, while many smaller operations, college stations and amateurs - the core of the grass roots broadcasters - will go to the wall.
Privately, even members who support HR.5469 agree that it will "seal the fate of this industry to be dominated by big webcasters," according to correspondence seen by The Register.
So behind the closed doors, the two paragraph measure intended to buy the nascent industry a six month breathing space before royalties became due, was mushrooming into a thirty page royalty plan. Net casters only found out minutes before the Congress vote, giving them little time to react.
12/10/2002 [more » RIAA ]



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