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License Revocation

By Ed Foster, Section Columns
Posted on Thu Nov 13, 2003 at 08:09:19 AM PDT

Enjoy this column while you can. You never know when I might decide to revoke your license to read it.

Over the years when UCITA was looming, I often talked about how its "electronic self help" provisions could allow a software publisher to unilaterally deprive customers of the right to use products they had purchased. While UCITA might now be toast, the spirit of electronic self help is very much alive with something called "license revocation" - a kind of electronic self help for content. And, particularly if Microsoft has its way, license revocation could make for a very strange world.


License revocation is not just a Microsoft thing. Not surprisingly, where it is really starting to become visible are the pay-per-tunes music services. Music services have no choice but to attach some form of DRM (Digital Rights/Restrictions Management) to the music tracks they sell in order to get the record companies to sign up with their service. But for at least some of the services, part of that devil's bargain is to let the copyright holder take back licenses to play those tunes whenever it so chooses. "Your copy of the Software and your access to certain applications that communicate with it are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied Content-protection policies," reads the Napster 2.0 EULA, for example. "You understand and agree that this would likely result in Content that was previously available for use being unavailable thereafter."

It's ironic that the files being sent to your computer from the new Napster will therefore include lists of revoked music files. And, as Napster is one of those music services that's employing Microsoft's DRM, its users will now come under Microsoft's Windows Media Player license agreements and privacy policies for those lists. "A list of revoked software is sent to your computer whenever you acquire a license," reads one relevant portion of the Media Player privacy policy. "Microsoft will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. The only way to avoid receiving revocation lists is to not acquire licenses for secure content."

Of course, just as Microsoft's DRM ambitions aren't restricted to music, its plans for license revocation go much further. Recently I wrote about Microsoft's Information Rights Management (IRM) technology that builds DRM capabilities into Office 2003 applications. Microsoft counts license revocation as one of the attractive features that IRM brings to Office 2003 on its website. For some time now, Microsoft has been talking about how license revocation will work with IRM, even warning that "revocation is a fairly large hammer" to use to eradicate individual documents.

Microsoft explains in some detail how licensing revocation can be used with its overall Rights Management technology. "When a license creator builds a publishing license, she can specify that, in order for the publishing license to be valid, the content consumer must obtain a revocation list from a specified URL at a regularly scheduled interval," notes notes one document for potential developers. "This revocation list is a signed list of content IDs, use license IDs, public keys, or other identifying information that specifies principals that are no longer valid. Therefore, if a company has terminated an employee and wishes to revoke their access to sensitive company files, or if a content key associated with a particular encrypted film has been compromised and made available on the Internet, the licenses granted to that employee or for that content ID can be revoked after use licenses have been granted."

Now, that's interesting to think about. How tempting will a Hollywood studio find the capability to revoke all licenses it sold to a movie when it decides it's time to re-release it to the theatres? Those sensitive company files that an ex-employee can be barred from accessing might include his original employment contact, for example. Or perhaps documents revealing company misdeeds that a whistleblower was about to leak to the press could suddenly disappear for all time. Would there be such a thing as false advertising when any traces of the misleading ad can be made to disappear?

A world in which all content is DRM'd and subject to license revocation is a world in which history can constantly be rewritten by the powers-that-be. But it does give me a good idea about the logical business plan for the GripeLog to adopt. Hey, GripeLog of Hall of Shame denizens, how much would you pay to make those columns about you disappear?

--------------------

Post your comments about this column below or write me directly at Foster@gripe2ed.com. To receive this column every week in my free e-mail newsletter, please go to my subscription page and follow the instructions to opt-in for the EdFoster mailing list.

< Reader Voices: DRM Disgust | Disney's Updated Privacy Policy Intrudes on Adults and Children >


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License Revocation | 24 comments (24 topical) | Post A Comment
History Already Rewritten[ Reply to This ] (none / 0) (#1)
by Anonymous User on Thu Nov 13, 2003 at 10:15:24 AM PDT

"A world in which all content is DRM'd and subject to license revocation is a world in which history can constantly be rewritten by the powers-that-be." History has been rewritten for decades in the Congressional record which can be [and is regularly] edited by the representatives to remove, change, or add whatever they submit before it is published with the previous - read truth - gone forever.

[ Reply to This ]


DRM?[ Reply to This ] (none / 0) (#2)
by Anonymous User on Thu Nov 13, 2003 at 10:22:23 AM PDT

I still think "memory hole" is a catchier name.

[ Reply to This ]


Back to paper![ Reply to This ] (none / 0) (#3)
by byelen on Thu Nov 13, 2003 at 11:48:58 AM PDT

I guess we'll have to go back to printing every copy of "sensitive" email or documents that might be needed to protect ourselves in the future. So much for the much vaunted "paperless office".

[ Reply to This ]


Except...[ Parent | Reply to This ] (none / 0) (#4)
by Jeff Foster on Thu Nov 13, 2003 at 11:58:56 AM PDT

IRM can prevent you from printing documents as well. It can even prevent screen captures. Everything will have to be copied by hand. Bic will make a killing.

[ Parent | Reply to This ]


screen capture by other means[ Parent | Reply to This ] (none / 0) (#9)
by Anonymous User on Sat Nov 15, 2003 at 04:41:01 AM PDT

With a small digital camera you could still photograph the screen.  Assuming you can't defeat the screen capture some other way.

And with Microsofts track record on security issues, how secure do you think this "feature" will be?  The worm writers have graduated to exortion and other crimes, you know.

[ Parent | Reply to This ]



DRM - what a crock[ Reply to This ] (none / 0) (#5)
by cnmck on Thu Nov 13, 2003 at 01:29:57 PM PDT

  As usual the paranoid powers that be have the hind end of the horse in the front.  What will result from these draconian efforts will be similar to what the video industry has dealt with for years.  They come up with an anti-copy scheme and within 3 months there are many devices to copy around the "protection" protocol.

  What we will see very quickly are many ads for software that will strip the revocation list of the revocation side of the file and leave the activate side alone.  Or we will see the equivilent of the all channel satellite activation cards where you get the content files and pass them thru "GEEWHIZZZ" software and it activates your content files.  The content owners will jump up and down, generally act like 5 year olds, and miss the point.

  I don't copy the video tapes I rent.  I either like it enough to buy it or I don't want it anyway.  The price of the video is low enough that it just isn't worth the time and trouble to copy it.  When they were $150.00 each then it was worth the time and effort if I liked the film.  The investment in a second VCR just to copy quickly paid for itself.  When they released DVDs the price was kept low enough that it was never worth the expense to build a copy setup.  Even now with the cost of a DVD burner down to $150.00 it is still not worth the investment just to copy pre-recorded movies.  

  The movie industry is crying the woeful tale of going broke due to these evil people copying their creations.  Given the industry's "creative" approach to accounting, I question their figures to begin with.  They are entitled to make money from their efforts.   If the results are very good they are entitled to make lots of money.  What they are not entitled to do is cause me hassles because they "FEEL" that they are entitled to even more money.  

  If you look at all the figures they are offering to show how much money they are loosing most of these are based on "... it is estimated..." and "... it is believed...".  Translation:  "We FEEL shafted.  We can't prove it but we FEEL it."  What they may do instead of cutting down on retail copying is to generate a whole new generation of "copy swappers"  like the groups that appeared when movie videos were either non-existant (eg. Disney films) or $150 a pop.  

  Audio and software vary in the particulars but the general altitude is the same.  Where the perceived  value for the dollars expended is too low then copying, reguardless of the number of DRM schemes used will continue.    

[ Reply to This ]



Making us all law-breakers[ Reply to This ] (none / 0) (#6)
by Anonymous User on Fri Nov 14, 2003 at 01:13:16 PM PDT

Around 1990 I had a big argument with a friend about e-books.  I thought they would become seriously available in about 15 years, he thought 50 years.  He thought that they would only be of interest to the small fraction of the population that read many books, I argued you'd end up with multi-purpose devices where reading was just one function so you weren't just paying for the book reading function.  It may not be as good for just READING as a regular book, but you could back up the e-books easily, electronically search your library, read them on any computer you wanted, have them reformatted, resized, or even read out loud to you. In other words:  Great flexibility.  And I couldn't wait.

When I saw good PDAs and started hearing about the real commercial e-books, I knew I had been proved right, and was ready to jump in.

Then I found out that most publishers INSISTED the contents be encrypted, in a proprietary file format, that could only be seen on specific (usually only one or two) computers.  You couldn't do anything unless they specifically allowed you, and had thought of it.  And there were numerous comments from publishers and others stating that nobody would want or need to do more, unless they intended to steal the e-books.  

I was stunned.  They had made these e-books USELESS.  I knew this version of the product was doomed.  

There are a few publishers who aren't doing this, and there are some programs that can break some of the idiotic DRM and convert format.  The same is and will continue to happen with audio and video formats.  Ultimately, if you can see it or hear it, they can't stop you from copying it.  But they can make it illegal, or at least difficult.  It is sad that to do the things you expect you should be able to, you have to WORK AROUND the rules, and more and more, break laws.  It is sad the people at the companies don't realize that they are probably hurting their own sales more than helping, making a lot of people mad, and forcing them to find ways to break the gimmicks just to use their products.  And consumers then get in the habit of breaking the rules, and come to feel justified doing it, which never would have happened if the companies just played fair.

[ Reply to This ]



Books on CD ROM[ Parent | Reply to This ] (none / 0) (#7)
by tscoff on Fri Nov 14, 2003 at 04:11:57 PM PDT

I buy Science Fiction books and I have one book which came with a CD ROM in the back cover with the entire series in PDF files on the CD.  Plus there was another entire series by the same author on the CD as an added bonus.

I bought every single book that was on the CD because I liked the author's work enough to want to read the books.  I read some of them on my computer first, but I can't take my computer everywhere that I want to go.

Some authors and/or publishing companies are doing things the right way, and they're going to be getting my money for years to come as a result.

[ Parent | Reply to This ]



Which author/publisher is this?[ Parent | Reply to This ] (none / 0) (#10)
by Ed Foster on Sat Nov 15, 2003 at 03:55:34 PM PDT

We don't just have to identify the bad guys here. Who is it that's providing CDs with their books?

[ Parent | Reply to This ]


Which author/publisher is this?[ Parent | Reply to This ] (none / 0) (#12)
by Anonymous User on Sat Nov 15, 2003 at 09:10:34 PM PDT

Baen. I got the whole "Honor Harrington" series of books on CD included with the hardcover edition of #10.

[ Parent | Reply to This ]


Baen & Honor Harrington[ Parent | Reply to This ] (none / 0) (#13)
by tscoff on Sun Nov 16, 2003 at 05:25:58 AM PDT

Yes, that's correct. The Honor Harrington book 10 from Baen is the series that had the CD. It also had another complete series by David Weber on the CD that I enjoyed reading on the CD so much I bought the entire series.

[ Parent | Reply to This ]


baen.com[ Parent | Reply to This ] (none / 0) (#16)
by Shari on Fri Nov 21, 2003 at 07:05:18 AM PDT

Baen also has complete books available for reading or downloading on their website--it's an experiment started by author Eric Flint, and it's caused me, at least to buy books by many new authors that I never would have even looked at.

[ Parent | Reply to This ]


Books on CD[ Parent | Reply to This ] (none / 0) (#17)
by QuickSHADOWMAN on Tue Dec 02, 2003 at 04:14:21 AM PDT

Well, I will have to check out Bean once again. I just love the Honor Harrington series. I have read the whole series, and am in the last chapeters of "Crown of Slaves" where David Weber and Eric Flint collaborated in the Honor Universe. Good book, too. Now while I waited till the Library got in the Hard Cover editions, I do want to have the whole collection for myself. By having it on CD, makes it more practicle to me, to have the whole collection, a lot less shelf space, and as I get older, just zoom in to have bigger print as the eyes go with age. Can't do that with the print of old.
Sincerely, Rich Aka: QuickSHADOWMAN 100% Windows Free, and loving it. M$, RIAA, MPAA, the leaders of all that is wrong with the Electronic Age. Lin
[ Parent | Reply to This ]


Baen leads the way[ Parent | Reply to This ] (none / 0) (#21)
by drcmg on Tue Dec 02, 2003 at 03:39:01 PM PDT

Not only does Baen put CDs with whole series of books on them and offer free ebooks on their Baen Free Library site (http://www.baen.com/library/), but they also offer all of the books they publish early as ebooks on their Webscriptions site (http://www.webscription.net/) These are released about three weeks before the books show up on the bookstore shelves. Baen offers all of their ebooks in multiple formats: HTML Zip, icrosoft Reader Zip, Palm/Win CE/Psion Zip (Mobipocket), Rich Text Format Zip, and Rocket/RCA REB1100 Zip. These are not encrypted nor crippled in any way. In the time since I bumped into the Baen Free Library I have spent hundreds on Baen books both in ebook and hardback format. I have also bought used books as well. One of the things I have found myself doing is buying a used book by an author I don't know just because it was published by Baen. Very often this gets me started on a new author and I end up buying new books by that author. Baen is doing what the record companies used to do when they sent records to radio stations to get them played. If a person heard the record and liked it they would buy it. No one ever used the excuse: If they can hear it on the radio free there's no incentive to buy it. Baen's actions prove that exposure results in sales. Eric Flint on the free site gives documentation of increased royalties on books that are given away on the free site. How does one explain this? Like me, after reading the ebook many want to have the physical book to put in their library. The Honor Harrington series has been mentioned. I have all of the in hardbacks of this series, I have the first of the series that I got free, I have the last 5 that I purchased on the webscriptions site, and I have the CD with all of them. Of these I bought all the hardbacks and the last 5 as ebooks. I bought the ebooks first and then bought the hardbacks when they came out. As far as I know I also have every other book written by David Weber, most in both ebook and hardback format. Although I do have a few in paperback that were purchased used simply because that is the only way they are available. I also have all the David Drake, Eric Flint, Elizabeth Moon, John Dalmas, John Ringo, and K. D. Wentworth that I can find. Most of these in two formats. Prior to find the free site I had not one book by any of these authors. Exposure brings sales. Now if we could just get the rest of the publishing industry and the music, movie, and software industries to understand this Ed could take about half of the gripes he gets and throw them out.

[ Parent | Reply to This ]


Amen to that![ Parent | Reply to This ] (none / 0) (#18)
by Anonymous User on Tue Dec 02, 2003 at 11:19:24 AM PDT

I'm in the same boat. Thought the e-book was a great idea, but didn't like the reader. When I bought my Visor Edge and realized that I had all that space to play with (hey, 8 MB is still a chunk when you're dealing with text) I thought "wonder what reading a book will be like on this...". Bought a reader and started looking for books. Couldn't find much worth buying, so I turned to the wonderful Pirate world of Usenet and Project Gutenberg.

Usenet is iffy...it's either Science Fiction, bad scans of Harry Potter, or 85 volumes of military protocol. Gutenberg is great for classic lit, but that's it.

Do I feel I'm stealing other author's works? No. Why? Because the stuff I'm reading I either own already (Harry Potter and a lot of the sci fi) or would check out from the library. It's just way more convenient to whip out the Visor on the bus than lug around a hard back book.

[ Parent | Reply to This ]



Crippled e-books[ Parent | Reply to This ] (none / 0) (#19)
by baldguy on Tue Dec 02, 2003 at 11:34:28 AM PDT

While I agree that e-books have not made the inroads that could be have been made, I think it is more of a problem with the delivery method rather than the encryption.

Who wants to read a book off a computer? Your eyes will be strained. The retention rate is about 35% less than reading off paper. Older people are less comfortable with it. The people that would jump on adoption, mainly 13-30 year olds, do not want to spent hundreds of dollars on a "reader" that may be dropped or abused by the kids.

You have to give the device the "day at the beach" test. If you can read it at the beach and it can survive the sand and sun, you've got a winner.

Although nobody has stumbled upon the perfect combination of copyright restrictions and encryption, there must be some limit on how you distribute the information. While there are legal limits on what you can do with a book, it is still possible to steal the content. You just need to put it on a copy machine with reasonable paper, then cut down the pages, then bind the book. It makes duplication difficult. No such barriers are in place with digital data. If there were no restrictions on copying these books, each publisher would sell at least 90% less, as everybody would freely distribute the content. Why buy the cow when you can get the milk for free?

-baldguy

[ Parent | Reply to This ]


l;kl;k;l[ Parent | Reply to This ] (none / 0) (#44)
by Anonymous User on Mon Nov 13, 2006 at 07:40:35 AM PDT

kl;kl;k

[ Parent | Reply to This ]


Making us all law-breakers[ Parent | Reply to This ] (none / 0) (#20)
by The Bassman on Tue Dec 02, 2003 at 01:00:23 PM PDT

I was reading a digital copy of PC Magazine until a problem with printing arose. At first, I "resolved" the problem reinstalling my printer and the reader software. After about three or four reinstallations, the fix no longer worked. The software distributor/manufacturer was unable to resolve the problem. They could only recommend to reinstall the printer and the reader software or tell me that the magazine publisher may not allow printing. My solution is simple, forget the digital copies that require special readers or restrict use and stick to the traditional, printed copy. The result is that I have no use for a digital magazine. By trying to control the creation of hard copies, the publisher is raising the cost of production (if only paper and postage) and is discouraging me from renewing my subscription. This seems like an excellent model for going out of business.

[ Parent | Reply to This ]


DRM[ Reply to This ] (none / 0) (#8)
by Anonymous User on Fri Nov 14, 2003 at 05:04:02 PM PDT

Ed, Not surprising. One of the "advantages" for UCITA's proponents inherent in the decision to shelve UCITA is avoidance of some of the restrictions -- including those concerning remote termination of use or use rights -- that had to be accepted in negotiations leading to UCITA's approval. Now, reliance on DRM provisions in DMCA, and how vendors choose to interpret what they permit by contract. Little cost. ProCD validated contract restrictions -- and held that they do not conflict with Copyright Act, and therefore are not preempted. UCITA really became irrelavent once the Federal Circuit decision in Bowers v. Baystate substantially extended ProCD preemption conclusion to hold that a standard shrinkwrap term that "preempts" Copyright Act "fair use" (reverse engineering) is not preempted because Copyright Act does not preempt state contract law and its terms, there was but one additional thing to achieve. That was done by victory in getting ALI and NCCUSL to agree that revised UCC Article 2 will not apply to "information" as subject matter of contract. In combination, the package of those things accomplished almost all that software and database industries insisted that UCITA spell out in endless pages of incredibly detailed and often purpose-obscuring language. Certainly enough so that it was no longer necessary to invest enormous time, effort and dollars in lobbying state-by-state with remarkably little success to get UCITA enacted by state legislatures.

[ Reply to This ]


Re: DRM[ Parent | Reply to This ] (none / 0) (#11)
by Ed Foster on Sat Nov 15, 2003 at 04:01:23 PM PDT

Yes, I'm afraid you're right. With the DMCA and Bowers v. Baystate, I think the big software publishers have gotten what they were angling for in UCITA's electronic self help section.

[ Parent | Reply to This ]


Disney[ Reply to This ] (none / 0) (#14)
by Anonymous User on Mon Nov 17, 2003 at 05:58:12 AM PDT

Five kids and a broadband connection. Too bad I've just blocked disney at the router.

[ Reply to This ]


Baen free library[ Reply to This ] (none / 0) (#15)
by cnmck on Tue Nov 18, 2003 at 12:05:19 PM PDT

Go to www.baen.com and look at the Free Library.  It has e-copies of selected titles.  These are selected by the respective authors and vary over time.  This has been operating for several years with the early joiners encouraging other Baen authors to try  it also.  It seems that, based on the royalty figures, every time a author puts a new book in the Free Library their sales takes a distinct jump. This includes the title listed in the Library.  For some reason, when people can decide whether or not to pay for something they want, a substantial number seem willing to pay for it.  David Weber is an extreme example but all of the authors asked reported the same phenomenon.  More dollars in the pocket.    

[ Reply to This ]


Hi[ Reply to This ] (none / 0) (#23)
by Anonymous User on Thu Aug 03, 2006 at 05:07:12 AM PDT



[ Reply to This ]


Castro shown standing, talking on phone[ Reply to This ] (none / 0) (#32)
by Anonymous User on Wed Nov 01, 2006 at 04:42:49 PM PDT

HAVANA (AP) -- Photographs of Fidel Castro standing and talking on the phone were published Sunday in Cuba's state-run media, a day after the ailing leader appeared in a video to dispel rumors he was on his deathbed. The Communist Youth newspaper Juventud Rebelde dedicated its front page to the Cuban president, printing a blown-up picture of a pensive Castro with the title "Always fighting for something, and fighting with optimism!"

[ Reply to This ]


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