Walt Mossberg, whose Personal Technology column in the Wall Street is a must-read for many influential but non-geeky technology enthusiasts, discusses the DRM issue in today’s column. No much in the column will be new to regular readers here, or to anyone immersed in the digital copyright issue. But of course Mossberg writes for a different audience, and the column serves that audience well by explaining the issues clearly and maintaining a moderate tone.
In my view, both sides have a point, but the real issue isn’t DRM itself – it’s the manner in which DRM is used by copyright holders. Companies have a right to protect their property, and DRM is one means to do so. But treating all consumers as potential criminals by using DRM to overly limit their activities is just plain wrong.
Let’s be clear: The theft of intellectual property on the Internet is a real problem. Millions of copies of songs, TV shows and movies are being distributed over the Internet by people who have no legal right to do so, robbing media companies and artists of rightful compensation for their work.
Even if you think the record labels and movie studios are stupid and greedy, as many do, that doesn’t entitle you to steal their products. If your local supermarket were run by people you didn’t like, and charged more than you thought was fair, you wouldn’t be entitled to shoplift Cheerios from its shelves.
On the other hand, I believe that consumers should have broad leeway to use legally purchased music and video for personal, noncommercial purposes in any way they want – as long as they don’t engage in mass distribution. They should be able to copy it to as many personal digital devices as they own, convert it to any format those devices require, and play it in whatever locations, at whatever times, they choose.
Mossberg urges music and movie companies to use DRM to limit large-scale pirates, while giving ordinary users wide leeway for personal use.
Instead of using DRM to stop some individual from copying a song to give to her brother, the industry should be focusing on ways to use DRM to stop the serious pirates – people who upload massive quantities of music and videos to so-called file-sharing sites, or factories in China that churn out millions of pirate CDs and DVDs.
This is a nice vision, but it’s not really possible. It’s abundantly clear by now that no DRM system can stop serious pirates. A DRM system that stops serious pirates, and simultaneously gives broad leeway to ordinary users, is even harder to imagine. It’s not going to happen.
Although he doesn’t address it directly, Mossberg implicitly rejects the other argument for DRM, which says that DRM can enable new pricing models for content and can therefore foster market efficiency. Mossberg says flatly that consumers should have a broad right to make personal uses of content they have bought.
The most surprising part of the column – remember that this is in the Wall Street Journal – is Mossberg’s call for a boycott of products with restrictive DRM, such as copy-protected CDs.
Until then, I suggest that consumers avoid stealing music and videos, but also boycott products like copy-protected CDs that overly limit usage and treat everyone like a criminal. That would send the industry a message to use DRM more judiciously.
Whether it’s a flat boycott, or just a disinclination to buy such products, this would have an impact on the industry’s DRM choices.
To make it happen, people need to learn which CDs use DRM and which don’t. One way to tell on CDs is to look for the official CD logo on the package. If the CD logo is missing, the disc probably doesn’t comply with the CD standard, and the noncompliance is probably caused by DRM. Alternatively, somebody could set up a website with information about which discs used DRM. It would be nice, too, to have a site with information about DVDs, to keep track, for instance, of which discs force viewers to watch movie previews before seeing the movie they bought.
It can’t be too hard to set up such a site. If you put ads on it, you could probably make a profit. Who wants to build it?