Wyden on the Analog Hole

I just like saying “Analog Hole”. It sounds dirtier than it really is. That said, click the jump for Senator Wyden’s letter to me about DRM and consumer rights.

After the massive blockquote, look for my interpretation.

Dear Mr. Kaplin:

Thank you for contacting me with your concerns about restrictions on converting anlog content to digital media. I appreciate hearing from you.

Currently the analog reconversion problem, otherwise known as the analog hole, is a basic limitation in copy prevention techniques for digital media that is intended to be played back using analog means – like music and video. If the information is converted to an analog form from that digital media, there are no restrictions to prevent unauthorized redistribution of the resulting analog content. Because conversion produces an unrestricted digital representation of analog content, even though it was initially restricted, publishers view this as a “hole” in the protection that trademarks and copyrights afford them.

While most consumers will benignly convert analog signals to digital media for their personal use, some people have tried to take advantage of the analog hole to distribute media without compensating content providers.

I believe we must find an appropriate solution to take advantage of new consumer capabilities while protecting copyrights and trademarks. Any legislation that would attempt to remedy this situation must not stifle consumer choice, the portability of content for non-infringing uses on all consumer electronics owned by the consumer, and innovation in the consumer electronics industry. Please be assured, should legislation on this issue come before me in the Senate, I will keep your views in mind.

Again, thank you for keeping me apprised of your interest in this issue. If I may be of further service, please do not hesitate to contact me.

Sincerely,
>sig

I think I like this, towards the end. In the middle, he sounds like he wants to punish all consumers to prevent copying by a few, a completely untenable position.

Personally? I’m on the side of the DRM activists. I’m totally cool with completely transparent DRM, even though I feel treated poorly, but I worry.

What if a better DVD player comes along, and the DVD player association refuses to license the decoding software because it’s so much better that it might put them all out of business? What’s to ensure that the rights management hard/software will actually be transparent, and all my music will play on all of my devices? It’s not strictly PDX related, but it’s close enough.


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