Steal This Essay 2: Why Encryption Doesn't Help
 -----------------------------------------------
 by Dan Kohn

  "Doveriai no proveriai." (Trust but verify.)
    - Russian proverb, as quoted by Ronald Reagan

 Even as content becomes a public good, content creators (or at
 least the publishing and recording industries that claim to
 represent them) have been led to believe that encryption can
 protect their revenue streams. As I noted in the first of these
 essays, they are lambs being led to the slaughter.

http://db.tidbits.com/getbits.acgi?tbart=06604>

 Why is all content becoming a public good? It has realistically
 been nonrival for some time now, meaning that I can copy your CD
 of music or software for a few pennies or less, and you are in no
 way disadvantaged. (Of course, the author of that content may feel
 quite disadvantaged by this "theft," but as long as I don't
 scratch your CDs, there's no reason for you to care that I
 borrowed them for a few minutes.) In fact, the central concept
 of digitization - converting all content to streams of zeros and
 ones - entails making it infinitely copyable without any loss of
 quality, the very essence of nonrival goods.

 What has only become clear in the last couple years (although
 the Recording Industry Association of America - the RIAA -
 still has its head in the sand) is that digital content is also
 nonexcludable. Of course, tens of millions of dollars have been
 spent on a variety of means to make digital content uncopyable.
 Supposedly unremovable watermarks are embedded in images to detect
 copies (e.g., SDMI and Macrovision), content is encrypted so that
 it can only be viewed through an authorized player (e.g., DVD CSS
 and Microsoft's and Real Network's digital rights management
 systems being used in the music industry's Napster competitors,
 PressPlay and MusicNet), or some form of registration is required
 for activation (e.g., Office and Windows XP).

http://www.riaa.org/
http://www.sdmi.org/
http://www.macrovision.com/
http://www.dvdcca.org/
http://www.pressplay.com/
http://www.musicnet.com/



 **Encryption Is Ultimately Futile** -- The problem with the
 security of these approaches is that, as cryptographer Bruce
 Schneier points out, there are basically only two types of users:
 regular ones against whom _any_ form of copy protection will work,
 and experienced hackers, whom _no_ form of technology can stop.
 Your technophobe mother represents the first category, and your
 geeky nephew exemplifies the members of the second category. Why
 can't the hackers be stopped by encryption? If the challenge were
 just to transfer a file from one point to another without letting
 someone get to see its contents, encryption is up to the job. But,
 consumers don't listen to or watch encrypted versions of content.
 (I have, and it looks like static). They watch the regular,
 unencrypted version. So, somewhere close to the user, the content
 must be decrypted. And that decryption process typically runs on a
 PC, where experienced hackers can watch it work one instruction at
 a time, and change those instructions to enable the unencrypted
 content to be copied.

 Phrased differently, as long as the intention is ultimately to
 deliver the content to the customer (and hopefully even the RIAA
 is still trying to do that), then it's impossible to stop wily
 hackers from getting at the content in its unencrypted form and
 having their way with it. "Trying to secure [digital goods] is
 like trying to make water not wet," Schneier said recently. "Bits
 are copyable by definition."

 In early 2000, a 16-year-old in Norway named Jon Johansen was
 upset because he wanted to be able to play DVD movies in his Linux
 box's DVD drive, but the movie industry had not authorized any
 players for Linux. So, working with several anonymous contacts on
 the Internet, he cracked the copy protection scheme used by all
 DVDs, enabling them to be played on his machine and, incidentally,
 to be copied endlessly and perfectly. (The Norwegian police
 actually confiscated his computer at the request of the Motion
 Picture Association of America several days after he distributed
 the code on the Internet, providing a classic example of tardy
 barn door closing.) More to the point, one could ask what chance
 any copy protection scheme has, when random 16-year-olds with an
 Internet connection can succeed in breaking it in their spare
 time.

 But the news for authors such as myself, who might want to get
 paid for our work, gets worse. There are many in the music
 industry who believe that a 98 percent copy protection rate would
 be just fine, the same way that department stores calculate a
 presumed level of spoilage (i.e., stolen goods) in their
 inventories. That works for department stores because their goods
 are rival, so that even if a few shoplifters get their items for
 free, everyone else still has to pay. The problem for the RIAA is
 that nonrival content means crack once, run everywhere. That is,
 all it takes is one smart hacker to defeat the copy protection
 schemes for everyone. Then, your nephew can either distribute his
 hacks in an easy to use format that even your mother can install,
 or, more directly, he can just distribute the unencrypted content.


 **Advertising Support?** If content can't be made excludable (and
 thus easily charged for) via encryption, perhaps there are other
 ways to build business models around content. What about
 advertising? After all, broadcast television is essentially
 nonrival and nonexcludable, and it's financed by advertising.
 Unfortunately, no. First, as they have become ubiquitous, banner
 ads have dropped dramatically in effectiveness, as measured by
 click-through rates, which have fallen from 4 percent to 0.1
 percent. This is not too surprising, given that most people hate
 banner ads and do everything to try to ignore them. Ad rates for
 some large sites have fallen correspondingly from 40 cents per
 impression to less than 0.1 cents, one of the primary causes of
 the many new applications of former dot-com employees for
 Starbucks barista positions.

 And for content providers, the news grows still worse. The
 downturn in the economy has made it harder, particularly for
 publications without loyal readers, to attract advertisers, even
 at the lower ad rates. Then there's software such as WebWasher
 that automatically detects the banner ads on any given Web page
 and strips them out, which incidentally causes the page to load
 faster (just as a 30 minute television sitcom can be viewed in 22
 minutes without the ads). Ad blocking software replaces the ads
 that are supposed to be funding the content with blank space,
 which is what content providers' revenue models are starting to
 look like. The software is not perfect, but it's getting better
 and is already effective enough to strike fear into the hearts of
 content publishers and advertisers.


http://www.webwasher.com/en/products/wwash/functions.htm


 Even the soap companies that have funded so many years of daytime
 drama may start reconsidering their advertising budgets over the
 next decade, as digital video recorders such as TiVo become
 increasingly common. These enable viewers to have their favorite
 shows easily stored to a hard drive, where they can be
 conveniently replayed at the time of the viewer's (rather than the
 programmer's) convenience. Imagine setting your own viewing
 schedule rather than having it dictated by snotty network
 executives in LA and New York. Plus, these devices let you skip
 right past the commercials with a few clicks of the remote,
 thereby crumbling the foundations of 50 years of a profitable
 broadcast industry. New PC-based recorders such as SnapStream even
 support sharing recorded shows across the Internet, enabling video
 to take its place next to MP3s on the new peer-to-peer networks
 that are quickly replacing Napster. Why schedule your evening
 around a broadcast schedule and sit through brain-numbing
 commercials, when the show is available whenever you want it with
 the commercials already edited out? A world full of digital video
 recorders is one in which the couch potato is liberated from the
 slings and arrows of network programming (how dare they put that
 promising new show against Survivor!), and once again is empowered
 to make real choices about how, when, and what to watch. [For more
 on TiVo, see Andrew Laurence's two-part article series "TiVo:
 Freedom Through Time Shifting" and be sure to read the in-depth
 TidBITS Talk discussion on how personal video recorders are
 changing advertising. -Adam]

http://www.snapstream.com/
http://db.tidbits.com/getbits.acgi?tbser=1204
http://db.tidbits.com/getbits.acgi?tlkthrd=1461

 Are there any categories of content from which individuals can be
 excluded? Only two that I can see. The first is showing movies at
 movie theaters. With a significant investment in digital
 distribution, and an even bigger investment into physical security
 at the theater, studios should be able to distribute movies
 without them immediately being copied onto the Internet (but watch
 out for those 16-year-old projectionist/hackers). The other
 category would appear to be Web services, where software is split
 into components that are loosely coupled and distributed across
 the Internet. Since you're interacting with numerous other
 computers, your identity can be continually reaffirmed (what
 Microsoft is planning with Hailstorm), making it nearly impossible
 to avoid paying. But any software that supports a disconnected
 mode (such as an operating system), can be easily (by hacker
 standards) modified so that it no longer "calls home" to ensure
 authenticity. The registration system for Windows XP was cracked
 so that running a simple program will remove the requirement for
 online activation, six months before the software was even
 released.

 Content won't truly be a pure public good for another ten years or
 so until broadband home Internet connections are ubiquitous,
 making it trivial to transfer large files around. But, since the
 process is already accelerating (Napster began with college
 students who already have broadband connectivity, and some new
 peer-to-peer file sharing services are designed explicitly for
 downloading very large files in the background), it's worth asking
 why anyone will create content when the old models for getting
 paid don't work. The answer will have to wait for another essay.

 [Dan Kohn is a General Partner with Skymoon Ventures. His writings
 are announced through <[EMAIL PROTECTED]> and can
 be discussed through <[EMAIL PROTECTED]>.]
 
http://www.dankohn.com/ 
http://www.skymoonventures.com/ 


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