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02.14.2007 (previous | next)
Good Cop/ Bad Cop

After watching the DRM debate rage on, I’m left wondering if there is a good cop/ bad cop game being played by DRM and DMCA critics. For discussion purposes, not simply to draw a strawman although I can point out citations, the discourse goes (roughly):

Good cop- "ah, come on, copyright holders don’t need DRM and the DMCA. Didn't you listen to Apple's PR department? Without DRM and the DMCA, you can still fight piracy and unauthorized use of copyrighed works through the pre-1998 Copyright Act. Because DRM and the DMCA do not stop piracy and unauthorized use, it is cost beneficial for you to figure this into your business model. Go with the flow, let consumers have what they want, you’ll still be fine."

Bad cop- "how dare copyright holders try to deter piracy and unauthorized use of copyrighted works; I, Time Magazine’s Person of the Year, am part of a revolution. Copyright holders benefit from me infringing their copyrights. Plus, illegal activity must also be immoral and unethical, because, I am important. I showed you that piracy cannot be stopped. Musicians can always make money selling T-shirts or giving music lessons- all activity is “economic”- so you should just let me enjoy entertainment."

What should copyright holders, and their representatives, do? I believe they're doing whats best; relying on themselves to look after their interests.

posted by Noel Le @ 7:00 AM | DRM & Watermarks, etc.

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Easily applied to the proponents of just about any position if you cast a wide enough net.

For example (like Noel I could point to actual quotes, but these are paraphrases):

Good Cop: "Ah, come on, that download only costs $3.99, and for $2.99 you can have one that self-destructs after three days. We're just offering you more options."

Bad Cop: "If you skip the commercials, you're basically stealing the product."

Your comment implies that "DMCA and DRM critics" are a cohesive group with a concerted rhetorical strategy - a charge that is much better applied to the four major music labels and the six major movie studios.

Posted by: John Gordon at February 14, 2007 3:37 PM

Also, would you describe asking Congress to empower the DOJ to enforce civil copyright violations (eg, have taxpayers pay some of Big Music's legal bills) as copyright holders "relying on themselves?"

Posted by: John Gordon at February 14, 2007 3:41 PM

Mr. Gordan, is this what I get for pointing you to law reviews:)

I was not implying that "DMCA and DRM critics are a cohesive group." My point is that everybody has advice and commentary for the music labels that are given, purportedly, to support the labels' interests, but that they are often contradictory. Thus the labels' only recourse is to do what they think is in their interests.

What exactly is wrong with dual-pricing?

As for the line about selling ads, I'm not sympathetic to that argument, at least not to the extent others may be.

Posted by: Noel Le at February 14, 2007 3:45 PM








 
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