• 0 Posts
  • 21 Comments
Joined 1 year ago
cake
Cake day: June 22nd, 2023

help-circle



  • My good faith response to your good faith question: because having a DRM-free copy on your own server or hard drive is the only way to be sure you will be able to play it tomorrow.

    Streaming services are a complex collection of licensing deals that are by design temporary. You may not hear beforehand when your favorite artist’s label’s parent company’s conglomerate’s CEO decides to pull their content because they’re going to start their own streaming service, or another service gave them a lucrative exclusive deal.

    And while you’re never going to have a hard time finding Taylor Swift, that one 70s esoteric album may become instantly impossible to find once it drops off a streamer.

    In the end there are no promises with a streaming service. On the other hand, you put in a small amount of work to grab MP3s or FLACs, set up your own Plex server (or Emby, etc), and you’re good for pretty much forever.

    Similarly, support artists by buying their direct merch, going to shows, and so on, but they are barely seeing any Spotify money. Between Spotify and the labels, they are cleaning the plate and artists are getting whatever crumbs fall off the table (unless you’re Taylor Swift or another global artist).







  • It’s whether the OS has hardware to make the platform “trusted.” Android does by default with Widevine, Windows does by default with TPM and Widevine, Linux does not by default.

    “Trusted” here of course means, trusted by the company, not by the user. If it’s a trusted platform, it has a cryptographic key exchange space that the user does not have access to. This prevents a spoofed DRM certificate or other interception of the HD stream, which in theory prevents a stream from leaking.

    “In theory” of course, because every piece of content is ripped and available DRM-free as soon as it’s released.


  • The headline is misleading, but the article reports it correctly.

    In copyright law in the US, there is a 3-year statute of limitations. However, some jurisdictions follow the “discovery rule.” This is a court-made doctrine that allows a lawsuit to be filed beyond 3 years if the plaintiff can show they only discovered the infringement after the statute of limitations ran out, with some other extenuating factors. However, there is also the issue of damages. Under a sister legal doctrine, damages that are more than 3 years old have been barred regardless of whether the discovery rule allows a lawsuit. Effectively negating the discovery rule.

    The Supreme Court in this situation held that damages follow the discovery rule. Meaning, if the discovery rule applies, then damages can be sought. The Court explicitly said it wasn’t ruling on whether the discovery rule applied.

    The decision doesn’t expand or create the discovery rule that allows lawsuits beyond 3 years. That already existed.

    Interestingly, this is a rare time when I agree with Gorsuch on the dissent. He basically said, “The damages is moot because the discovery rule is made up and shouldn’t even apply, so the majority is wasting its time even entertaining that damages can be sought.”




  • Under US law (I see someone else posted about EU law):

    Physical property has a long tradition of legal rights that are a part of ownership. There’s a thing called “right of first sale” that means you have the right to sell an object that you own. This legal framework falls under property law, even if the media on the disc is also governed by copyright law. In this case, property law is inviolate - it trumps copyright law.

    Digital files are instead governed only by copyright law. Further, media companies could not modify copyright law fast enough to keep up with the digital revolution, so more than copyright, digital files are controlled by digital rights management (DRM) code, and contract law (the long TOS when you access a service or site).

    The contract law in the TOS, and code in the DRM, do two things: they force a digital file owner to treat it as a “license,” and give media company the ability to severely restrict use after the purchase.

    So basically, when you buy a disc, you are simply getting a lot more rights to use that content. You literally own the copy.

    This is why media companies are doing everything that they can to switch customers over to streaming services and stop selling physical content. It’s also why it’s a literal lie when you are told you can “buy” digital copies that have DRM, because those companies will simultaneously charge you the higher “purchase” price and deny you ownership rights as if you bought a disc.