[IP] more on Trying to Plug the Analog Hole -- An Exercise in Futility
Begin forwarded message:
From: Bob Frankston <Bob2-19-0501@xxxxxxxxxxxxxxxxxx>
Date: November 2, 2005 11:54:26 AM EST
To: dave@xxxxxxxxxx, ip@xxxxxxxxxxxxxx
Cc: 'Lauren Weinstein' <lauren@xxxxxxxxxx>
Subject: RE: [IP] Trying to Plug the Analog Hole -- An Exercise in
Futility
Apologies for getting a bit philosophical on this but I think it's
useful to build on the "spite" point because it has far reaching
policy implications. It also helps understand the appeal of strict
enforcement by the police vs an emphasis on civil liberties.
If you believe people only behave out of fear of punishment than
clamping down makes sense. But so does evading the rules -- it's
necessary to make the rigid system work!
I argue that such systems are ultimately dysfunction because they are
zero summed -- you are behaving because of what you can lose, not
what you can gain.
The more powerful dynamic is based on the notion that you are part of
a common purpose and have something to gain by contributing. Of
course dynamic systems have risk – just like dynamic memory does in a
computer (bad digital analogy?)
Our social systems aren't perfect and I am not arguing for altruism –
perhaps the opposite -- participation. Lauren’s point is telling --
strict rules not only breed resentment but also make evasion necessary.
Our language for describing dynamic systems is very new, thanks to
computing, and even then there is still a tendency to look for rigid
algorithms. It's far easier to describe static systems which tend to
be more comforting in their certainty.
It's really an illusion of certainty and at the price of disallowing
discovery and innovation. Unfortunately its appeal is evident out in
today's politics and the abhorrence of the idea that we've evolved
out of such uncertainty.
-----Original Message-----
From: David Farber [mailto:dave@xxxxxxxxxx]
Sent: Wednesday, November 02, 2005 09:14
To: ip@xxxxxxxxxxxxxx
Subject: [IP] Trying to Plug the Analog Hole -- An Exercise in Futility
Begin forwarded message:
From: Lauren Weinstein <lauren@xxxxxxxxxx>
Date: November 1, 2005 9:09:42 PM EST
To: dave@xxxxxxxxxx
Cc: lauren@xxxxxxxxxx
Subject: Trying to Plug the Analog Hole -- An Exercise in Futility
Dave,
I won't even bother itemizing here the long list of ways in which
attempts to "copy protect" analog sources are outrageous,
oppressive, anti-consumer, and expressions of hubris on high, with a
vast range of negative technological and social consequences, both
planned and unintended by the proponents of such malarkey.
Instead, I have a simple comment for the would-be
"analog hole pluggers":
Take a memo guys, it ain't gonna work! You will put yourselves,
politicians, and the rest of us through the wringer, and in the end
the video piracy situation will be as bad as before -- probably even
worse since otherwise law-abiding and anti-piracy viewers may be
driven to piracy just out of spite from your overreaching.
The main reason that the plan is doomed from the word go is that it
only takes *one* digital copy of any given material to render the
analog hole meaningless for that item. And that digital copy will
be able to saturate the Internet despite any attempts at controlling
ISPs, blocking file sharing, or even the return of Hypnovision!
There will always be very large numbers of "uncontrolled" analog
conversion points. It is guaranteed that unauthorized
analog-to-digital conversions will take place, in most cases at
multiple locations. And once that happens, it's game over for
controlling the digital existence of that particular item. This
*will* happen with every single desirable item of media that you're
attempting to control down by the ol' analog hole.
So in the end, what you'll have accomplished is inconveniencing
honest consumers -- who aren't your real enemies -- while living
up to old Soviet-style information control philosophies (which,
by the way, were largely ineffective for them, too.)
I don't like piracy. I'm sympathetic to *legitimate* concerns about
piracy. But as a famous fictional starship engineer once said,
"Ya' cannot change the laws of physics!" Attempts to plug the
analog hole won't do any good, but will do a lot of damage to
technology, society, and -- oh yes -- to you.
--Lauren--
Lauren Weinstein
lauren@xxxxxxxx or lauren@xxxxxxxxxx or lauren@xxxxxxxx
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
- People For Internet Responsibility - http://www.pfir.org
Co-Founder, EEPI
- Electronic Entertainment Policy Initiative - http://www.eepi.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com
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