The solution to the DRM problem

Steve Jobs now says he’s against DRM, and urges the record industry to drop it altogether. In other news, RIAA sues a guy because he downloaded and shared 5 songs, seeking damages of $750 per song. See a slight problem there?

Among other things, Steve Jobs says the following:


“The third alternative is to abolish DRMs entirely. Imagine a world where every online store sells DRM-free music encoded in open licensable formats. In such a world, any player can play music purchased from any store, and any store can sell music which is playable on all players. This is clearly the best alternative for consumers”

But I’m feeling generous today. I’m going to go a step further and offer a solution that will be a great alternative for consumers, and an even better alternative for the industry.

This is a good time for a short recap of my previous posts about DRM, piracy, copyright, and the music industry.

My first and foremost claim is that the music and movie industry - the RIAA in particular - is pushing the idea of copyright too far. They want us to think that copyright is the right to completely and fully control any use of the copyrighted information.

It is wrong. Copyright should cover an exact set of rights: for example, the rights to sell the information. However, information cannot and should not be fully controlled. We should be able to borrow and exchange music, books, and other forms of information, copyrighted or not.

An example: the RIAA would want you to think that if you buy a CD, and play it to a friend, you’re violating the law because this friend did not buy the rights to listen to this CD. This is a big generalization and it can be argued against, but it is in my opinion the core of the problem. Furthermore, they want you to think that this activity is OK, but only because they’re willing to turn a blind eye. However, you owe them one.

I’m of the opinion that when you buy the CD you can play it at home, at parties, rip it and play it in whatever music player you want, make a copy for your girlfriend. Furthermore, I want to emphasize that all of this is your natural right, and not some loophole in the law.

My second claim is that piracy is at this point not a completely negative phenomenon, and it’s entirely the industry’s fault. By stripping negative DRM from the content (I’ll get to the definition of negative DRM in a second), crackers and pirates are actually increasing the value of the content, while by putting negative DRM into content the industry is reducing its value. What would you rather have: a rootkit infested CD or a plain CD without protection?

My third claim is that DRM is not, by definition, negative, although the industry is making it so. DRM means Digital Rights Management. It does not imply that these rights must be enforced via various invasive methods of protecting content from unauthorized copying. It can also mean that the rights of the buyer can be increased; that content can be enriched. This is what I mean by negative and positive DRM. Negative DRM is reducing the value of content, while positive DRM is increasing the value of content. Negative DRM is copy protection; positive DRM is an extra video included on a DVD, or a code that gives you a discount for a band’s shirt or a concert.

The conclusion is that the industry is making a big mistake by reducing the value of its content with the usage of DRM. They should fight piracy by making their content more valuable than theirs, because - as it stands now - pirated content is in many cases better than DRM-ed content. I’m proposing that the RIAA and MPAA and other similar organizations should do exactly the opposite of what they’re doing now: they should try to be competitive instead of being restrictive. Then, and only then, DRM will stop being a problem.

For more on this subject, read these articles: Can DRM ever be good? and Why pirated software is better than bought software.

26 Responses to “The solution to the DRM problem”

  1. kilps Says:

    I fully agree with you (nice post …) - what I asked on Digg was if Steve Jobs is against DRM why doesn’t Apple offer non-DRMed songs from labels with would allow it - don’t they have a huge independent base?

  2. Stan Schroeder Says:

    kilps: good question. I think that there’s no secret that Apple prefers closed business models and that DRM suits them just fine. But whether I think that Jobs’ intentions are genuine or not doesn’t really matter, I must welcome another voice against (negative) DRM, and I hope that others will follow.

  3. Jerry Says:

    DRM is a joke…any kid can turn a song with DRM into an mp3. Labels need to lower prices of albums/songs and sell direct to consumers. The middle man is slowly dying; this is good because frankly, when I went to Tower Records, the heavy metal selection there was just pathetic. Brick and Mortar is dead, and so should be the middleman’s cut of the pie.

    Also, The RIAA’s efforts against file sharing are soon going to be a thing of the past with all of these new softwares that offer encrypted exchanges. Look at GigaTribe for instance ( http://www.gigatribe.com ), their free software lets users exchange entire folders of albums in a few easy clicks, and not even the ISPs will be able to spot what’s being exchanged.

    The music model is changing rapidly, and consumers and small/medium artists are going to be the winners.

  4. The solution to the DRM problem « Tons of Fresh News Says:

    […] February 8, 2007 at 9:16 pm · Filed under Uncategorized The solution to the DRM problem I’m feeling generous today. I ’m going to go a step further and offer a solution that will be a great alternative for consumers, and an even better alternative for the industry.[news][entertainment][music] […]

  5. SomosPC - Yo soy un PC ¿Y tú, qué eres? » Processing Key, o cómo saltarse el DRM de Blu-ray y HD DVD elegantemente Says:

    […] Via: The Inquirer, Engadget, FranticIndustries Intel 80-core, viable en 5 años […]

  6. celio Says:

    Hey Stan,

    I’ve been reading your blog for a while now…
    Great Ideas about the DRM!!!
    Thinking about getting a job at RIAA… and chagint it’s course??
    hehehe
    Regards from Brazil,

  7. 15 key articles on DRM - franticindustries. Says:

    […] Besides these 15 articles, you might be interested in the coverage of DRM-related topics here at franticindustries: The solution to the DRM problem Can DRM ever be good? Why pirated software is better than bought software […]

  8. Find MP3s with Google - does this make Google liable to a lawsuit, too? - franticindustries. Says:

    […] And it’s true. With the RIAA throwing their John Doe lawsuits everywhere they can, people are looking for different ways to share music. Some of them would even go legal - if there weren’t for DRM. So, they pursue other alternatives. […]

  9. Take That, RIAA! at franticindustries - web 2.0, social networking, IT technology trends. Says:

    […] ‘piracy’, and that I’m all for free sharing of music; you can read more about it here, here, and […]

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