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The W3C's plan for DRM in HTML5 is a betrayal for all web users

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Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#141

Consumers don't care about implementation, they only care about the content, and until they do, suppliers of content hold all the cards. There is nothing to be won by resisting hooks for DRM in the browser however appealing it seems to take a principled stand. The content suppliers will gleefully go with native apps, flash, silverlight, even Emscripten-cross-compiled codecs. With content consumption going mobile, the…

The web doesn't need DRM any more than broadcast TV needed the broadcast flag. Content producers said that the broadcast flag was necessary, and that without it they wouldn't allow their content to be broadcast. In that case, there was a bunch of push-back against the broadcast flag, the proposal died, and now all kinds of stuff gets broadcast in the clear. When push came to shove, the content producers didn't actual…

And then the content producers will just demand Flash or Silverlight to stream their content, which is the status-quo. It's not really a similar situation.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#142

Earlier quoted context omitted.

The fact that such people consume big media content now does not mean they wouldn't rather dispense with such content in exchange for the elimination of such laws. That is true. In fact, an argument could be made that the production of such content smothers other, less capital intensive content made with lower expectations of large returns That is also true, I agree. However, the overwhelming majority of commentary I…

Frankly, I don't get your argument. You said that there was a problem because the critics of DRM and current business models were consuming the content while circumventing the economic framework, so the situation is unsustainable; now you said that the people who complain about DRM still buy the products anyway. That doesn't sound unsustainable to me.

I was talking specifically about paying customers, and how DRM probably doesn't reduce the revenue from that market very much even though it's clearly hostile towards those people.

Obviously the point of DRM is to try to reduce the number of people who are consuming the content without becoming paying customers, and given the assumption I'm making above, it doesn't need a very high success rate to be economically worthwhile.

If people still buy EA games like lemmings even after things like the SimCity fiasco, how many pirates do they really need to deter using DRM, and for how long, before it becomes an absolutely guaranteed revenue booster? Most games or major movies make an extremely disproportionate chunk of their revenue in the first few days after launch. If the suppliers can hold off piracy for even a week or two before a crack is out and get even a few percent of would-be pirates who are desperate to play the game or see the film to do it through a legitimate channel instead, that's potentially millions in extra profits on a AAA game or Hollywood blockbuster.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#143
post #139

Earlier quoted context omitted.

By not treating these people who are potential customers with respect (by the mere fact of using DRM), content industry hurts itself. Yes, it does. I don't think anyone is seriously disputing that. The question isn't whether DRM causes harm, it's whether it also causes a greater benefit for a net win. But in my view, their inner desire for control outweighs any reason and logic. You might also want to consider the po…

You might also want to consider the possibility that the executives running these Big Media giants are well aware of the balancing act we're talking about, have access to much more information about the real costs and benefits of DRM schemes than you or I do, and have made a sound business decision based on the empirical data in front of them. The logic they use to justify DRM (to the public) is so flawed and based o…

You're still assuming that the extreme, one-sided positions they present in propaganda, whether in press releases or making a case in court, have anything to do with how they make decisions internally. Assuming that what their marketers say and what their managers actually believe are anything like the same thing seems... unsound.

You're also stating repeatedly that it's a fact that DRM doesn't work but without any sort of evidence or argument to support that position. I'd love to see your hard evidence, because I've been following the industry for years and have yet to see much conclusive proof of anything. The people who have serious empirical data typically keep their cards very close to their chest.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#144

Earlier quoted context omitted.

The web doesn't need DRM any more than broadcast TV needed the broadcast flag. Content producers said that the broadcast flag was necessary, and that without it they wouldn't allow their content to be broadcast. In that case, there was a bunch of push-back against the broadcast flag, the proposal died, and now all kinds of stuff gets broadcast in the clear. When push came to shove, the content producers didn't actual…

And then the content producers will just demand Flash or Silverlight to stream their content, which is the status-quo. It's not really a similar situation.

Both flash and silverlight are deprecated by their makers. The question is whether they'll go away, it's what will replace them and what specifically it will do.

Flash and silverlight lost to an open, interoperably-implementable standard (html). This EME proposal just standardizes an interface to something that's not standard or open (the CDMs).

Some people like to say that content producers will never let up on their demands for DRM. But that's happened already in music and with the broadcast flag, and it's starting to happen in book publishing as well. We should keep fighting for it to happen in web video.

Everything is available pirated already, but people still pay for netflix & friends because they're convenient and most people are honest. If DRM doesn't make it into HTML, there will still be a viable business model streaming video to paying customers without DRM.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#145
Whether or not Encrypted Media Extensions(EME) is included in HTML5 SHOULD NOT be construed as a referendum on DRM. The HTML5 standard is not the place to determine if something is ethically/morally good, advancing humankind, or will even work.

If some orgs or people want a means to retrict the playing of media in HTML5 by downloading keys from a license server then so be it. The HTML5 standard should be as inclusive as it needs to be to represent the needs of all parties. If enough parties desire this functionality then who are we to say they cannot or should not have it.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#146
post #139

Earlier quoted context omitted.

You might also want to consider the possibility that the executives running these Big Media giants are well aware of the balancing act we're talking about, have access to much more information about the real costs and benefits of DRM schemes than you or I do, and have made a sound business decision based on the empirical data in front of them. The logic they use to justify DRM (to the public) is so flawed and based o…

You're still assuming that the extreme, one-sided positions they present in propaganda, whether in press releases or making a case in court, have anything to do with how they make decisions internally. Assuming that what their marketers say and what their managers actually believe are anything like the same thing seems... unsound. You're also stating repeatedly that it's a fact that DRM doesn't work but without any s…

You're also stating repeatedly that it's a fact that DRM doesn't work but without any sort of evidence or argument to support that position.

The proof is available all around - i.e. movies, games, ebooks and etc. released with DRM start getting pirated almost right after the moment they are being released. What kind of other proof you need to see to admit that DRM doesn't affect piracy? If you think otherwise, bring at least one example where DRM prevented illegal copying. Some even bring examples where DRM promoted pirating, creating an incentive to break it. (I.e. when content is offered without DRM there is less incentive to show off by pirating it, than to show off by breaking the DRM and pirating it. CDPR found it out by seeing that the pirated copy of their Witcher game was the cracked DRMed copy of their early retail version, and not their DRM free copy which they sell through GOG. They don't use any DRM since then).

* http://www.pcgamer.com/2011/11/29/interview-cd-projekts-ceo-...

* http://www.forbes.com/sites/erikkain/2013/04/24/talking-the-...

* http://truepcgaming.com/2011/09/20/relive-the-classics-drm-f...

I honestly don't care what DRM proponents in the industry internally believe or base their push for DRM on, since none of those reasons make DRM any more acceptable or ethical. But if you yourself propose to assume they are doing it in bad faith, hiding their real reasons, it should be even a stronger reason to oppose it according to your logic.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#147
post #146

Earlier quoted context omitted.

You're still assuming that the extreme, one-sided positions they present in propaganda, whether in press releases or making a case in court, have anything to do with how they make decisions internally. Assuming that what their marketers say and what their managers actually believe are anything like the same thing seems... unsound. You're also stating repeatedly that it's a fact that DRM doesn't work but without any s…

You're also stating repeatedly that it's a fact that DRM doesn't work but without any sort of evidence or argument to support that position. The proof is available all around - i.e. movies, games, ebooks and etc. released with DRM start getting pirated almost right after the moment they are being released. What kind of other proof you need to see to admit that DRM doesn't affect piracy? If you think otherwise, bring…

The proof is available all around - i.e. movies, games, ebooks and etc. released with DRM start getting pirated almost right after the moment they are being released.

That would only prove that people can pirate the game. It doesn't tell us whether the same number of people actually do or whether any casual copying is deterred because not everyone knows where to look to get a safe pirate version.

What kind of other proof you need to see to admit that DRM doesn't affect piracy?

Something involving hard data on sales and piracy trends with and without DRM. It's obviously impossible to compare like-for-like since you can't launch an identical game to an identical market with and without DRM and see what happens unless you have two versions available at once, which itself distorts the situation. However, you can look for indications of trends. For example, for games where the creator can detect a ratio of legal to cracked copies hitting their servers during on-line play, do titles with DRM significantly improve that ratio or not?

If you think otherwise, bring at least one example where DRM prevented illegal copying.

Assassin's Creed II from Ubisoft was infamous for its always-on DRM and the problems associated with it. The DRM was not cracked for several weeks after launch.

Interestingly, although you say the executives don't listen to anyone, Ubisoft did change their stance on the DRM after the PR disaster associated with the AC2 launch, and toned down the always-online requirement later and in the sequel. The AC2 launch might also be an example where the negative PR was so bad that legitimate sales were hit hard and the excessive DRM was not cost-effective.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#148
post #146

Earlier quoted context omitted.

You're also stating repeatedly that it's a fact that DRM doesn't work but without any sort of evidence or argument to support that position. The proof is available all around - i.e. movies, games, ebooks and etc. released with DRM start getting pirated almost right after the moment they are being released. What kind of other proof you need to see to admit that DRM doesn't affect piracy? If you think otherwise, bring…

The proof is available all around - i.e. movies, games, ebooks and etc. released with DRM start getting pirated almost right after the moment they are being released. That would only prove that people can pirate the game. It doesn't tell us whether the same number of people actually do or whether any casual copying is deterred because not everyone knows where to look to get a safe pirate version. What kind of other p…

> That would only prove that people can pirate the game.

You said it. It means that DRM doesn't do anything useful about pirating. The moment "you can pirate the game", it will be pirated. Or you can put it this way - the moment someone puts a DRM stripped version to bittorrent - it becomes available for anyone who wants to pirate it. And it happens all the time. So, again, what other proof do you need, to admit that DRM doesn't affect piracy?

> It doesn't tell us whether the same number of people actually do or whether any casual copying is deterred

Forget about casual copying. The bulk of pirating happens through the networks like bittorent and the like. If you claim that DRM is needed to stop "casual copying" - it's very silly, since any "pirate" who is determined to copy something won't go to ask friends for casual copies. They'll go to torrent networks. So what good did DRM achieve?

> Something involving hard data on sales and piracy trends with and without DRM

You'll never get hard data, since it's not possible. You can only use heuristics, and they all point in the same direction - DRM does not hurt pirates in the least. It hurts legitimate users.

> Ubisoft did change their stance on the DRM after the PR disaster associated with the AC2 launch

Will, major DRM fiascos happen. SimCity fiasco demonstrated that. Sometimes it's enough to clear their brains, but often not. I meant that in most cases execs don't care at all. As CDPR said in the interview I linked above:

Fortunately and unfortunately at the same time, games are becoming huge business. And as with every growing business, there are a lot of people coming in who… have no clue about games and could work in any other industry. They are not asking themselves the question “What is the experience of a gamer?” Or “Is this proposition fair?” But rather, they just look to see if the column in Excel adds up well or not, and if they can have a good explanation for their bosses. As funny as this might sound, DRM is the best explanation, the best “I will cover my ass” thing. I strongly believe that this is the main reason the industry has not abandoned it until today, and to be frank this annoys me a hell of a lot. You are asking, “So why is it taking so long for them to listen?” The answer is very simple: They do not listen, as most of them do not care. As long as the numbers in Excel will add up they will not change anything.

I agree with that 100%. Because if those execs would care about user experience, DRM wouldn't exist.

And what he said about using piracy/DRM as an excuse for incompetence - that was very well spotted. I.e. imagine someone makes a film, game etc. and gets poor sales. They can admit the product was really not so good, so people don't care to buy it, or these execs can point to others and say - Look, so many sales were lost due to pirates! But with DRM - we did all we could to stop them, so it's not our fault.... I.e. DRM can easily be used as a fake excuse to avoid being blamed for the poor quality of the stuff they produce.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#149
post #148

Earlier quoted context omitted.

The proof is available all around - i.e. movies, games, ebooks and etc. released with DRM start getting pirated almost right after the moment they are being released. That would only prove that people can pirate the game. It doesn't tell us whether the same number of people actually do or whether any casual copying is deterred because not everyone knows where to look to get a safe pirate version. What kind of other p…

> That would only prove that people can pirate the game. You said it. It means that DRM doesn't do anything useful about pirating. The moment "you can pirate the game" , it will be pirated. Or you can put it this way - the moment someone puts a DRM stripped version to bittorrent - it becomes available for anyone who wants to pirate it. And it happens all the time. So, again, what other proof do you need, to admit tha…

"That would only prove that people can pirate the game."

"It means that DRM doesn't do anything useful about pirating."

I'm sorry, I've tried to be reasonable in this discussion, but if you really can't see why those are completely different statements and the second does not follow from the first then there is little point in continuing this conversation.

Re: The W3C's plan for DRM in HTML5 is a betrayal for all web users

#150
post #148

Earlier quoted context omitted.

> That would only prove that people can pirate the game. You said it. It means that DRM doesn't do anything useful about pirating. The moment "you can pirate the game" , it will be pirated. Or you can put it this way - the moment someone puts a DRM stripped version to bittorrent - it becomes available for anyone who wants to pirate it. And it happens all the time. So, again, what other proof do you need, to admit tha…

"That would only prove that people can pirate the game." "It means that DRM doesn't do anything useful about pirating." I'm sorry, I've tried to be reasonable in this discussion, but if you really can't see why those are completely different statements and the second does not follow from the first then there is little point in continuing this conversation.

I was reasonable. If it's easy to demonstrate that DRM still means people can copy it (the moment DRM is broken, which usually happens pretty fast), it means DRM has no effect on preventing piracy. That's a solid logic and you can put nothing against it.

In essence though it's simply irrelevant, since even if DRM slightly hinders some casual copying as you assumed, it doesn't make its existence justified in the least, and it can't serve as a reason behind pushing such horrible preemptive policing practices on consumers. The bottom line and the practical lesson that we can take out of this discussion was already expressed above. Those who push for DRM must be doing it for other reasons than piracy. And it should be strongly opposed, since DRM has no justification and it's an unethical practice.

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