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Old 07-10-2008, 02:09 AM
"Sam Kuper"
 
Default Fwd: Circumvention of DRM and TPM

2008/7/10 Bill <bill3@uniserve.com>:



If you have had reason to infringe or circumvent copyright

please reply to me off list with a short message giving

details of its type, need and purpose. All confidential.


There's no need for me to be confidential about the following example, since all actions performed were legal.

A friend and I ran a fairly serious amateur recording studio set-up about ten years ago. We recorded school concerts and local bands. We used to master to DAT or SADiE and give clients audio CD-Rs of the results. Sometimes we'd just master direct to CD-R. All these CD-Rs were recorded with a Philips CDR870 consumer audio CD recorder.



The CDR870 had two kinds of copy-protection mechanism. The first, SCMS, is well documented: http://en.wikipedia.org/wiki/Serial_Copy_Management_System



The second mechanism was this: the CDR870 would refuse to record on non-"consumer" CD-Rs. "Consumer" CD-Rs were, effectively, taxed by copyright owners: they would be sold at a higher price than regular CD-Rs (at that time, in London, they were typically 3 to 5 per disc, versus 1 to 2 for a regular CD-R) and the excess profit would be, in theory, distributed to people or companies holding copyright in sound recordings. The idea was that, if, for instance, I used my CDR870 to make copies of Madonna CDs for my friends, Madonna would not go uncompensated for those copies as long as they were made using "consumer" CD-Rs.



The trouble was we weren't interested in copying Madonna CDs. The CD-Rs we were making for our clients were not in breach of any copyright laws, and no license fee was due on them. To enrich unrelated third parties like Madonna simply so we could make CD-Rs for our clients of their own music (to which they owned the rights) on their request, was patently unjust. So we circumvented the system. It turned out that the CDR870 would record to regular discs if it was fed a "consumer" disc before setting it to pause/record and then prising open its tray to replace the "consumer" CD-R with a regular one. This way, we only needed to pay for one "consumer" CD-R in total, for the lifetime of the machine.



(NB. Why did we persist in using the CDR870 given that it had a lame copy-protection mechanism that we had to work around every time we used it? Because it was the only CD writer on the market that had the features we needed at a price we could afford, that's why.)




Sam
 
Old 07-10-2008, 07:40 AM
Brad Rogers
 
Default Fwd: Circumvention of DRM and TPM

On Thu, 10 Jul 2008 03:09:30 +0100
"Sam Kuper" <sam.kuper@uclmail.net> wrote:

Hello Sam,

> that, if, for instance, I used my CDR870 to make copies of Madonna
> CDs for my friends, Madonna would not go uncompensated for those

Except that they could not know what, if anything, you were copying.
All monies raised on such CD-Rs goes to the big record companies, not
to the artistes.

--
Regards _
/ ) "The blindingly obvious is
/ _)rad never immediately apparent"

Where the grass is green and the girls are pretty
Paradise City - Guns 'N' Roses
 
Old 07-10-2008, 09:30 PM
"Sam Kuper"
 
Default Fwd: Circumvention of DRM and TPM

2008/7/10 Brad Rogers <brad@fineby.me.uk>:

On Thu, 10 Jul 2008 03:09:30 +0100

"Sam Kuper" <sam.kuper@uclmail.net> wrote:



Hello Sam,



> that, if, for instance, I used my CDR870 to make copies of Madonna

> CDs for my friends, Madonna would not go uncompensated for those



Except that they could not know what, if anything, you were copying.

All monies raised on such CD-Rs goes to the big record companies, not

to the artistes.


Hi Brad,

Do you have any evidence that this is really the case, and that the monies are not disbursed via collections agencies or suchlike? I'm genuinely interested.


Sam
 
Old 07-11-2008, 07:22 AM
Brad Rogers
 
Default Fwd: Circumvention of DRM and TPM

On Thu, 10 Jul 2008 22:30:42 +0100
"Sam Kuper" <sam.kuper@uclmail.net> wrote:

Hello Sam,

> Do you have any evidence that this is really the case, and that the

News reports, things said by musicians, a father that worked as a song
plugger and later, and A&R man, and so forth. In fact, my father wrote
a book about the music industry and the way songs/music were promoted
at that time and just how underhand it all was. Does the term 'payola'
mean anything to you?

Admittedly, this was/is all in the UK, but there's no reason to suppose
it's different anywhere else.

Things have been cleaned up somewhat since my father's day, but there
are still ways of skewing the charts, etc.

> monies are not disbursed via collections agencies or suchlike? I'm

How would they know who to distribute it to? As I said, with no way of
knowing what was being recorded on those CDs, tapes, etc. with a levy
applied, the only "fair" distribution is to pay the record companies
and publishers based on numbers of units shifted.

Record companies, music publishers and so forth, are like any other
business; They're in it for profit first, anything else is secondary.

--
Regards _
/ ) "The blindingly obvious is
/ _)rad never immediately apparent"

Bet you thought you knew what I was about
Problem - Sex Pistols


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