I received this email from Jake Fisher of iPac today, and I’m taking the liberty of reprinting it in full. It’s an important topic – the Big Media companies are threatening to take away our Fair Use recording rights.
Here’s the letter in full:
Dear IPac supporter,
In June we brought attention to S1RA (The Section 115 Reform Act), which
has the laudable goal of bringing mechanical licensing into the 21st
Century. However, buried deep within the legislation was a provision that
required all incidental copies of a song to have their own separate
license. In other words, a copyright holder could charge you for every
copy that exists in a caching server, your ISP’s own cache, or even the
buffer on your computer. It’s double dipping, redefining fair use, and now
it’s back and worse than ever. S1RA lives on under the title of the
Copyright Modernization Act of 2006. Sounds ominous enough. It still
includes all the terrible provisions of S1RA by taking aim at Internet
radio and satellite radio by gutting the Audio Home Recording Act, which
explicitly allows devices to time-shift radio.
CMA is trying to elbow itself into law by wrapping itself in a good bill:
the Orphan Works Act of 2006. This bill is an important piece of
legislation that removes significant hurdles that artists have to jump to
create their art. Right now, with our over-reaching copyright regime, if a
documentary film makers wants to include an image, film clip, or song in
their work, but no copyright holder can be found, the film maker is out of
luck. OWA allows the artist to include the work, assuming they employed due
diligence to track down the copyright holder, and would severely limit any
damages stemming from an infringement suit if the owner suddenly
reappeared.
However good the Orphan Works Act is, S1RA is worse and negates the
benefits that come from OWA. We cannot sacrifice our technological future
by imposing an innovation tax on internet and satellite radio.
For a FAQ on CMA and to find out how to stop it please see:
http://ipaction.org/campaigns/cma/
Thanks very much for your continued support of IPac.
Sincerely,
Jake Fisher
Executive Director
IPac
Posts Tagged: drm
Fair Use Threatened
To the Zune, Alice!
This article from the EFF highlights a curious feature of the new Microsoft Zune – namely that it won’t play songs purchased using Microsoft’s own Plays For Sure system. And it apears they may be abandoning the technology altogether.
If you were unlucky enough to purchase songs using Plays For Sure, you can at least re-record them for your own personal use.
I guess now that Microsoft is competing against its former partners with their own Media Players it’s time to throw them all under the bus. While Microsoft does use their hardware/software business model effectively in the PC business, burning your hardware partners can’t bode well for future projects. Microsoft PC anyone?
Personally – I’m a big fan of the iPod, and I also welcome a serious challenger to the media player space. I hope the Zune does well, but if this flops, nobody’s going to break Apple’s stranglehold for a long while.
Engadget weighs in on Sling Encryption
This article is a party-neutral summary of the At-Large Recorder and Slingbox device encryption issue.
It’s always a delight to read well-written articles. Way to go Engadget!
PC Mag Editor not happy about Sling Encryption
From Stu, one of our best customers and sources of information:
Jim Louderback, the editor of PC Mag, made a mention that his favorite add-on no longer works. He was referring to your Slingbox recorder. This was done on his podcast – What’s New Now? (July 21)
Looks like Sling is going to be facing more competition – not just from Sony’s LocationFree, but also new companies called HAVA and AirEpoch. It’s going to be hard to maintain the encryption policy, especially if the competition is open to recording.
I predict that there will be a permanent recording solution for Slingbox devices by January 1, 2007. Or even earlier if they want to HAVA good Christmas season.
Another great reason to record Sling streams
Here’s an At-Large Recorder customer who used At-Large Recorder and Slingbox to record closed-circuit surveillance video:
“I love the software and it helped catch a break-in at my house. Turned it over to the authorities.”
– Art Gimpleton
This is one example of a very good use of recording technology via a vis Sling.
Fight for your right to record
I posted this on the Sling Community forum, and liked it so much, I decided to share it with you. It’s in response to why it’s such a big deal about Sling encrypting their stream. I feel it expresses what Applian stands for as a company really well.
Why should anyone care? It’s important to fight for your right to make recordings for your personal use. If you have a TiVo, imagine a world without it. Or what if ripping MP3s from a CD became illegal? Every so often, a piece of horrible legislation is proposed to curb your personal recording rights, and so far, none have passed. Even if you don’t own At-Large Recorder, you have a vested interest in retaining the status quo vis a vis your rights to record.
So far nobody’s been able to come up with a good law-based explanation why being able to record your Sling stream is illegal, or puts Sling in any legal risk. Granted there is the desire for Sling not to do more to rock the boat with the Content Owners, but recording and place-shifting are really two distinct, separate issues.
You’re already paying for your Cable or Satellite TV. You can record it via TiVo or your PC and copy it to your iPod. You should be able to do the same with your Sling stream.
Sling and Applian in PC Magazine
We’re still hoping Sling comes up with a way to work with us so their customers can make recordings for their personal use.
In the meantime, PC Magazine has hooked onto the story:
http://www.pcmag.com/article2/0,1895,1991289,00.asp
Sling Encryption & At-Large Recorder Solution
From Applian’s standpoint, here’s the solution to the SlingBox encryption and At-Large Recorder compatibility issue:
It would be great if SlingPlayer could play an encrypted feed that At-Large Recorder captures. SlingPlayer would just need to recognize a specific file extension to launch, which At-Large Recorder could easily save files with.
In this way, customers could record, and Sling stays protected.
How about it Sling?
(Cross Posted at SlingCommunity.com)
The Sling Encryption Mystery
There’s quite a thread going on at the Sling Community forum regarding Sling’s new encryption “feature” and its impact on At-Large Recorder. Jeremy T from Sling is doing his best to answer the critics, and has made his third post.
The money quote (emphasis mine):
Finally, I’ve tried to be clear that there are issues regarding this topic that I simply cannot discuss. Some of the other users in this thread have guessed at them, and I appreciate those posts. In my last comment I asked readers to sit back and really think about our motivation here. You think we are motivated to try to “screw third parties”? I already stated we plan to have some form of API/SDK coming out down the road. You really think that we want to “screw Slingbox owners”? Why on Earth would we want to do that??
I guess Jeremy didn’t really make it clear that there were other motivators to the decision. Web users, and especially early adopters like those who buy Slingbox devices, are very sophisticated, and the attempt to say encrypting the stream to “protect users privacy” didn’t really make sense to anybody. Likewise with the protecting “content owners” reason. He probably would have been better off saying “I simply cannot discuss” like he finally did in the third post. While nobody likes that excuse, they can respect it at least. I respect it.
The fact that Sling cannot discuss the rationale for the decision makes for an entertaining game of speculation. The Sling Community forum participants certainly have a lot of theories. Since I have no inside knowledge, I get to speculate, too!
Sling has received a huge amount of investment money – $55 million or so. One of the investors is EchoStar. The content people are always paranoid about these new technologies (TiVo has investments from the major networks), and investing in these companies is a good way to keep the technologies under control. One theory is that as a condition for the investment, Sling agreed to ensure the stream couldn’t be redirected. They probably didn’t think it could be done until At-Large Recorder appeared, hence the need to quickly add encryption, and the fact that this was “always on the product roadmap” as Jeremy suggests.
This also keeps them out of possible legal trouble with HBO, MLB any anyone else concerned with geographic rebroadcast issues.
Sling has taken great care to ensure the streams couldn’t be “split” and beamed to several people at once. Theoretically, if the stream can be recorded, it can be retransmitted to several people at once. This breaks the legal protections they have put in place.
I don’t think the “recording” aspect is the cause for the consternation. The way At-Large Recorder works, you can’t really retransmit in real time anyway, as the file isn’t viewable until recording ends.
Anyway, that’s MY theory. We’ll probably never know.
Sling is in a bit of a pickle, in that they can’t do anything and everything to make their product the best it can be. It would be great is they could be more open about the reasons behind the decision, but this may leave them open to legal trouble by recognizing any legal weaknesses publicly, so it’ll likely remain a secret. I believe that if Jeremy T could say more he would – he’s clearly (and rightfully) a little upset about being beaten up on the Sling forums.
Sling and Applian are a little similar, in that we both are pushing the envelope of what people can do with their media. Sometimes we can’t market our products the way we’d like either. Fortunately, people are still able to find us when they want the best tools for recording online video, music or radio, and they tell their friends.
If Sling wants to work with us to make a recording solution that doesn’t put them in legal jeopardy, that would be terrific. It would be great for Sling, and their users. Or maybe products like HAVA and others will add this capability, and they’ll just open it up, as it will cease to be an issue if everybody is doing it. I hope we’ll be able to come up with a solution soon.
Slinging in the Rain (of criticism)
Sling is trying to be more out in the open about the Encryption controversy in their latest firmware. “Jeremy T” from Sling gave this clarification:
I’ve noticed a few posts wondering why we encrypted the stream (and lots of assumptions, both good and bad), and I realized I should’ve explained when we posted the build. We’ve actually been planning to enable encryption for quite some time, this just happened to be the build in which it went live.
Our goal with the Slingbox is to have a device that not only offers consumers new freedom in their ability to placeshift their content, but also a product that protects the rights of the content owners and creators as a whole. Additionally, we feel protecting the stream also helps secure your rights and privacy as a consumer. To this end, enhancing SlingStream protection has been on our roadmap for quite some time.
Unfortunately, it’s clear that the Applian At-Large Recorder has gotten caught in the middle of this. As a small company, we haven’t had the resources to properly support third-party developers at present, although it is our goal to eventually have an API or SDK for third-parties to use. If you consider the numerous ongoing software developments we have at Sling (Windows, OSX, Windows Mobile, other platforms, etc), we have to pick and choose where our engineering efforts go extremely carefully, and while we have very ambitious goals, we still have a lot of realities to deal with!
On a technical note, a few people have surmised that the encrypted stream either increases CPU overhead or decreases stream quality. We have done quite a lot of testing and have not seen these negative results. Our tests show the encrypted stream in the new beta firmware performing side-by-side with the unencrypted stream in the current firmware with no difference. Don’t forget: if you are not doing exact side-by-side comparisons, no two streams are exactly alike!
I hope this helps clear up the issue. I welcome any feedback and comments.
Here’s our response:
Hi Jeremy –
Thanks for the explanation, and your willingness to address the issue in the open. Let’s break it down. You said:
Our goal with the Slingbox is to have a device that not only offers consumers new freedom in their ability to placeshift their content, but also a product that protects the rights of the content owners and creators as a whole.
Ummm… ever hear of TiVo?
Additionally, we feel protecting the stream also helps secure your rights and privacy as a consumer. To this end, enhancing SlingStream protection has been on our roadmap for quite some time.
If that’s really an issue, just make it a selectable option like other customers have suggested.
I challenge you to give me the name of ONE customer who requested encryption for “privacy”. Or do a forum search for anybody who has requested this feature. Keyword searches for “encryption” or “privacy” come up empty.
As a small company, we haven’t had the resources to properly support third-party developers at present.
No, but you went out of your way to un-support a third party developer.
Jeremy, I look forward to continuing the dialog with you. Feel free to respond on the Applian blog.
Best Regards,
Bill Dettering
Applian Technologies Inc.
www.applian.com
Of course, reader comments are welcome, too. I especially am looking for ANYONE who’s in support of the encryption.