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Hardware 2.0

Adrian Kingsley-Hughes

Is the Kindle one massive DRM timebomb?

By | May 15, 2009, 2:32am PDT

Summary: Over the past few weeks I’ve come across a lot of both speculation and information relating to Amazon’s Kindle ebook reader. I’ve heard of kill switches and Amazon’s ability to remotely disable content and even the whole device. Is spending money on a Kindle (and content for the device)just too much of gamble?

Over the past few weeks I’ve come across a lot of both speculation and information relating to Amazon’s Kindle ebook reader. I’ve heard of kill switches and Amazon’s ability to remotely disable content and even the whole device. Is spending money on a Kindle (and content for the device)just too much of gamble?

The problem I have with the Kindle is that it combines a proprietary device with content that’s shackled with DRM (Digital Right Management). Now throw in the ability for Amazon to be able to access each and every Kindle remotely, snoop through it and disable content that it deems somehow dodgy.  I’ve also had first-hand reports from people who have had their Kindles (and Amazon accounts) disabled for odd reasons such as returning too many items. Once a Kindle is disabled all the purchased content is also disabled. That could result in the user being significantly out of pocket.

Poll

Is the Kindle one big DRM timebomb?

But there are even more unknowns. We know that there exists a kill-switch for the text-to-speech feature that allows publishers to disable the feature for specific titles. While this feature protects the publisher’s ability to control how content is distributed, it sucks for people who really wanted this feature. If there’s one kill-switch, it’s likely that Amazon, and publishers, have other kill-switches at their disposal. Personally, I’d be uncomfortable with so many players having the ability to remotely tinker with my Kindle.

What I’d like to see with the Kindle is clarity. Clarity as to what kill-switches exist, who has the ability to activate them, under what circumstances a Kindle can be remotely disabled, and what recourse the customer has to try to set things straight. Amazon (and the publishers for that matter) have no right to enter my home and remove books (or features from products that I have previously purchased) but with devices such as the Kindle companies seem happy to bestow these privileges upon themselves without even having the decency to lay out the terms clearly. When I buy a physical book or CD I’m buying the product as a whole, but when I buy a digital product what I’m buying could be very fluid. Today I might have text-to-speech ability for a book, tomorrow I might not.

Thoughts?

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Topics

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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Trying before you buy
bhartman36 14th Jun 2009
He goes about once a week and checks out
between 15-20 books a week. The only books he
is allowed to own are books he loves.

You download a book and it turns out you don't
like it or maybe you did but never want to read
it again .. bye bye money.


Amazon already has that covered. A user has the option of downloading a sample (a chapter). I've gotten many samples that way, and saved lots of money on books I would've otherwise bought.

As far as never wanting to read it again, that might be true, but it's true for most books. That's one thing that separates books from a form like music.

It also matters a lot what you like to read, though. I can't imagine that graphics-intensive books (science books with diagrams, art books, or graphic novels) would be a good fit for the Kindle. But I've found fiction to be especially good on it. It's much easier to refer to a given part of a text, or to take note of a certain passage, etc. And of course, it's great for reference.

The one place where the Kindle really shines is selection. With the possible exception of the New York Public Library, you're simply not going to find a library with the access to as many books as you can find in the Kindle store (and that's before you even factor in the fact that the Kindle can hold Gutenberg texts).
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When you download PDF books
Gel214th 15th May 2009
You have none of these fears, and none of these issues.

The illegal method is more convenient and has less problems associated with it than the legal method.

The removal of items and features from a device I have purchased should be seen as theft.

Why are consumers being asked to pay money for a right to view an item, rather than to own the item? Why is there any difference in ownership within the digital world (for the same price or more) to the book I hold in my hand?

Why?

Simply because companies have found a way to utilise technology to exploit the consumer and increase their own profits.

Consumers sometimes think, quite wrongly, that if the company were to go out of business they would release a 'key' to unlock all their DRM purchases. If Amazon decides the Kindle is no longer profitable and they shut it down, consumers think that all their books will become unlocked.I think history has shown us that is not true.

There needs to be a strong movement from the community at large against these business practices which are no longer about Intellectual Property,and encouraging innovation and are instead simply about milking the market.
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Three words
Yagotta B. Kidding 15th May 2009
Consumers sometimes think, quite wrongly, that if the company were to go out of business they would release a 'key' to unlock all their DRM purchases.

"Plays for Sure"
0 Votes
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but since they were a prime target for a lawsuit they decided it was better to leave them on.

http://boingboing.net/2008/10/10/walmart-now-says-the.html
Just burn it to CD and the DRM is gone. Genius... :\
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RE: Three words
fatman65535 15th May 2009
You are so right.

However, I think those three words ought to be:

Screwed For Good

To anyone considering a Kindle, just look the meaning of the acronym BOHICA!
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Even PDFs can be timebombed
Patanjali 15th May 2009
Standards Australia (and probably many other organisations) sold PDFs of standards that turned the pages green when they expired (1-2 years) - could not read a thing.

Bit of a rort really as these standards are often not referenced after a project has finished, but the design references need to be kept for a contractual period of time. No one wants to keep paying fees to keep the pages visible when they cannot be used to facilitate generating further revenue.
0 Votes
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DRM = broken business model.

DRM = old white men without a clue

DRM = trouble for the consumer

DRM = greedy corporations

DRM = corrupt laws
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Agreed.
NeuromancerLV 16th May 2009
The music or software may belong to corporations, but my hardware belongs to me. They want to turn YOUR property into some store kiosk system. This is foolish.

We need to get rid of this tired old distro. I have to buy an album on CD for my car, and then buy that same album for mp3 player? Screw that. The company should just sell a copy of the album and then PAYING CUSTOMERS can do what they want with it, as long as they don't make and copies for anyone else. A company that already has my money needs to leave me alone.
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"We know that there exists a kill-switch for the text-to-speech feature that allows publishers to disable the feature for specific titles."

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The ADA
bhartman33@... 15th May 2009
Maybe it should be, but it's not currently illegal to refuse to make your book accessible to the blind or people with other disabilities. It's really the publisher's choice as to whether they want to go that route. A blind user would (probably) be within their rights (under fair use) to convert the content to a form that the TTS would work with, or to transfer it to his/her computer to have it read, but the publisher isn't under any obligation (again, under current law) to supply it that way.
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ADA
Ralph Wells Updated - 15th May 2009
If you buy a product _because_ you can listen to the text due to a disability and the publisher or retailer turns off that option, I think you have a tort claim.
ripping off the blind is one of the lowest things I have ever heard of.
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Only if you lose the ability
bhartman36 15th May 2009
If you buy a book with TTS because you're blind, and the publisher disables TTS in that book, then you might have a tort case. But from all indications, that's not what's going on here. Rather, the publisher is selling the book with the TTS already disabled. As long as the publisher doesn't advertise TTS and then not deliver, they haven't renegged on anything. That's not to say it's right for them to disable TTS, but I don't see how it's actionable, unless they gave it and then took it away.
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The Author's Guild ...
RationalGuy 15th May 2009
... who headed up the effort to nerf the text-to-speech functionality of the Kindle 2, are in favor of enabling text-to-speech for print disabled consumers:

http://www.authorsguild.org/advocacy/articles/kindle-accessibility.html
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Text to Speech
bigtazz 16th May 2009
Authors may have audio right but the digital book are not being sold with audio. They are saying they have the right to deny you the right to use your one equipment to listen to it. They should not have a say on how the book is read after it has been sold. The text to speech to never be disable on the Kindle unless the person who owns it disables it.
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No, because ...
mwagner@... 15th May 2009
1) ADA applies to public access not products.
2) Presumably, the only content providers "killing" the text-to-voice feature are also selling audio books.

Ironically, the customer could buy audio books and play them on their Kindle. Generally speaking though, a blind person would not buy a kindle so the text-to-speech feature is a "bells & whistles" kind of feature.
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Surely they're emulating Microsoft's DRM success?
whisperycat Updated - 15th May 2009
If the points raised about the Kindle really are 'bad' points, then Microsoft's OSs take these bad points to a new level.

A PC with Windows loaded checks, 30 times a second, to see whether the user has started stealing DRM protected material yet. If Windows detects a DRM breach, the entire graphics sub-system of the machine will reboot. Even if it is mistaken.

And as for "snooping rights", have you read the Microsoft EULA you agreed to? You agree to give Microsoft un-restricted access to 'your' PC, you agree to let Microsoft install software on 'your' PC without them telling you, you also agree to Microsoft *disabling* software on your PC, at their discretion!

Kindle only supplies you with books to read, your entire business might be riding on your PC not suddenly having a DRM fit. And yet Kindle's DRM is worrying, while DRM features in Microsoft OSs are 'updates' and 'new features'. What a crock. Why is the combination of DRM and proprietary device so terrible when Amazon do it? If DRM is 'bad' then Microsoft OSs are 'bad', ain't that so?
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30 time a second? It looks like the tin foil you have wrapped around you is getting too tight.
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No tin foil here
say_what Updated - 15th May 2009
Vista's DRM has been well documented. Peter Gutmann covers it here:
http://www.cs.auckland.ac.nz/~pgut001/pubs/vista_cost.html

"In order to prevent active attacks, device drivers are required to poll the underlying hardware every 30ms for digital outputs and every 150 ms for analog ones to ensure that everything appears kosher. This means that even with nothing else happening in the system, a mass of assorted drivers has to wake up thirty times a second just to ensure that? nothing continues to happen..."

A cheap solution that doesn't work is neither,
Say What?
Logic?

Reason?

Acceptance of fact?

M$FT Fanbois are like Dick Cheney or Flush Limpbaugh - they believe what Darth Ballmer and Borg Gates tell them to believe. Don't confuse them w/The Truth, please - it makes their Redmond-Induced pea brains hurt....
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Couldn't have said it better myself!
Ole Man 15th May 2009
Thankew
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Congress should pass laws ...
P. Douglas Updated - 15th May 2009
... requiring content owners provide consumers warnings about the limitations of DRM content. (I therefore agree with what Adrian said.) The warnings should explicitly state that DRM content are continuously monitored and regulated by content owners, and users of the content give up their right to privacy when they acquire the content. I think Congress should also disallow the term 'purchase' to be used when users acquire DRM content, which can be, or is controlled remotely.
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And this too extends to other DRM embedded software products
no_zd_user_name Updated - 15th May 2009
...such as Windows Vista, Windows 7.

Much of what WV and W7 do is tunneled over http--including any management commands they wish--no Firewall is going to stop it.

And yes 'yo' I am [fill in with your adjective(s) here]

yo yo. wink

That's what you get with blackbox proprietary code.

Caveat Emptor!
0 Votes
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Maybe
wizardb@... 15th May 2009
They should just revoke the whole Digital Millennium Act as it's not in the USA's citizens best interest!
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I agree
P. Douglas Updated - 15th May 2009
There are already anti-piracy laws in place. There is no need for the DMCA, since it does not stop piracy, and is a major source of irritation for consumers. Also there are much better ways to deter piracy and the casual copying of media files.
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re: Maybe
none none 15th May 2009
They should just revoke the whole Digital Millennium Act as it's not in the USA's citizens best interest!

When it comes to copyright, the best interest of the public was ceded decades ago.









happy
0 Votes
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So sweet!
Chalfont 18th May 2009
They should just revoke the whole Digital Millennium Act as it's not in the USA's citizens best interest!
So sweet, he believes this Act was passed on behalf of consumers!!?
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I'm For ALL of the Above
drprodny 24th May 2009
Including revoking Apple's insistence on the DMCA to hide behind on putting OSX on Hackintoshes or breaking iTunes' DRM on movies or music.

I've got a friend who just switched from Windoze to Ubuntu for the first time in his life - and he loves it expect that he can no longer listen to his Audible downloadable audiobooks thanks to their built-in DRM.
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re: Congress should pass laws ...
none none 15th May 2009
Congress should also disallow the term 'purchase' to be used when users acquire DRM content

One of the silliest EULA clauses I read was on a website, don't remember which, claiming that notwithstanding the use of "purchase," "own," and other words like that in the large print, you don't buy nor own anything.






happy
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RE: Is the Kindle one massive DRM timebomb?
bhartman33@... 15th May 2009
Hi, Adrian.

Unfortunately, some of this article is simply FUD.

I?ve also had first-hand reports from people who have had their Kindles (and Amazon accounts) disabled for odd reasons such as returning too many items.

1) Amazon has not "disabled" a single Kindle. There have been reports of people having their Amazon accounts disabled, but even if Amazon cuts you off, you can still put other e-books from other stores on your Kindle (non-DRM books, books for which you get the proper PID (e.g., Fictionwise), etc.), not to mention all the content available from Project Gutenberg and Manybooks.net. It's a complete myth that if Amazon cuts you off from your account, suddenly your Kindle is a brick.

2) The text-to-speech switch is not "remote". It's built-in to the format. The only change that Amazon recently implemented was telling customers up front which content had this feature disabled. The publishers either enable text-to-speech, or not, for individual titles.


3) Amazon can obviously put content on your Kindle, but what evidence is there that they can take it off ? The only thing that Amazon has ever done, in regards to content, is to block a (former) customer's account so that they could not access material they had stored on Amazon's servers. If you rely on Amazon to store your content for you, then you get what you deserve, in my opinion. There are all kinds of ways that strategy can fail, whether Amazon decides they don't like you or not. But once you've bought the content, Amazon has already gotten your money, and Amazon has no stake in what you do with the content, as long as you don't distribute it (which the DRM prevents, to a degree). They have no incentive to remove content from your Kindle. The idea itself is nonsensical, as if a book club would bother to repossess the books you bought once you canceled your membership.

This is not to say that DRM, in and of itself, is a good thing. Certainly, there are scenarios under which you won't be able to read books you've downloaded (e.g., your Kindle breaks some time in the future, and no e-readers support the format). And DRM is fraught with limitations (like not being able to put content on other devices, or to lend out content like you could with a paper book). But there's a certain amount of paranoia being spread about the Kindle, and some of it is purely ideological in origin. It's disturbing to see ZDNet contributing to that.

And all the other Apple pips would fight to death any arguments against it.
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This Apple User Wouldn't
drprodny 24th May 2009
So stop being a M$FT Ballmer-Sucking Bush Nazi Fanboi, okay?

I don't like any form of copy protection no matter where it appears - period.
0 Votes
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Amazon.com and The Kindle
LaVerne Wheeler 19th May 2009
I suppose I am one of the few old fuddy duddies who prefer my reading material in book form. I don't even understand WHY a kindle. I guess if you just can't decide on any given day what book you want to read having access to many books, without the burden of carrying them all around, is worth the price of this machine. Otherwise, it seems to be another techie gadget that is appealing simply because of it's techie-ness. Certainly all this discussion about lawyers, kill switches, disabling content, etc., etc., turns the simple act of reading a book into some sort of Star Trek episode. People, libraries all over the country, and the world, are dying because of non-use. Stop giving that Amazon jackass your hard earned money and go support your local library. It's free, easy and very, very soul satisfying.
0 Votes
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bravo!
j3nzie 20th May 2009
I have a 13 year old son who loves to read and
loves tech. He wanted a Kindle, I said no. You
have the library.
He goes about once a week and checks out
between 15-20 books a week. The only books he
is allowed to own are books he loves.

You download a book and it turns out you don't
like it or maybe you did but never want to read
it again .. bye bye money.

I have instilled in my son a great love of try
before you buy! Public Libraries, Netflix,
Gamefly, etc are all great services to free us
of buying crap we don't end up wanting.

I have always thought the Kindle was kinda a
silly idea. Although I do read books on my
iPhone, but rarely.
0 Votes
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Trying before you buy
bhartman36 14th Jun 2009
He goes about once a week and checks out
between 15-20 books a week. The only books he
is allowed to own are books he loves.

You download a book and it turns out you don't
like it or maybe you did but never want to read
it again .. bye bye money.


Amazon already has that covered. A user has the option of downloading a sample (a chapter). I've gotten many samples that way, and saved lots of money on books I would've otherwise bought.

As far as never wanting to read it again, that might be true, but it's true for most books. That's one thing that separates books from a form like music.

It also matters a lot what you like to read, though. I can't imagine that graphics-intensive books (science books with diagrams, art books, or graphic novels) would be a good fit for the Kindle. But I've found fiction to be especially good on it. It's much easier to refer to a given part of a text, or to take note of a certain passage, etc. And of course, it's great for reference.

The one place where the Kindle really shines is selection. With the possible exception of the New York Public Library, you're simply not going to find a library with the access to as many books as you can find in the Kindle store (and that's before you even factor in the fact that the Kindle can hold Gutenberg texts).
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Why Kindle? Here's why.
datrappert 22nd May 2009
It's a very pleasurable reading experience for one thing, better than reading a heavy hardcover and a little better than reading a hard to keep open mass market paperback. When you add the built-in dictionary to quickly look up any unknown words, it's a great package. And no need to give up libraries of course - the Kindle is a supplement, not a replacement.
happy

Yes (94%)
No (8%)
Total Votes: 80

102% voting? Where are we, Minnesota?
0 Votes
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If you think that's funny
Yagotta B. Kidding 15th May 2009
You should see the results on a brand-new poll. The rocket scientist who coded the poll functions doesn't seem to have figured out how to do percentages, and nobody else at ZD knows enough about software to fix it.
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re: If you think that's funny
none none 15th May 2009
...nobody else at ZD knows enough about software to fix it.

Probably all ZDNet has are binaries.






happy
0 Votes
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The reasons listed above are very serious considerations against it in my book plus price alone is appalling, for less money I bought a nice netbook which has an e-book reader app... happy

Adrian you hit it right on the head when you mentioned coming into our homes. It should be treated the same as a book we purchase. They shouldn't be able to sell us their books then tell us they can at any moment take it back or alter it without our consent and reimbursement.


This is what kills the Kindle and it's ilk for me. Currently I can buy a book, read it as often as I want, then archive it for as long as I want, or give it away or even sell it to whomever I want. It is my property and except for reading it, things I can not do with an average e-book. The book will also not be unreadable over the years due to version changes in the reader where they may change formats and leave older ones behind.....


During our ice storm last year that killed power to many towns in our area some lost it for over a month, all they had to do was read.....paper books of course....An e-book reader would have run out of battery power leaving their books unreadable.
0 Votes
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The basic thing is this:
kcredden2 15th May 2009
If it's got DRM in it, it's under THEIR control, and therefor you have no rights, period. Hence I won't buy anything like that. Ipod can playback MP3s which is fine. But if an Ipod suddenly developed a link back to Apple, then I'd drop it in a heartbeat, or if the newest generation was fixed to only playback their own music files, then I wouldn't buy it.

Companies think they only "rent" their software and hardware. But if I pay $300 or such for a device or software, I "own" it. I have a physcial copy in my hands, and I'll do what I wish with it. If that means putting it on another computer, then I will. They don't give me my computers, or pay for my net access.

That's one reason why I dont' buy commerical software, and many computer and electronic devices. If the company has any control, they'll use it to beat me over the head with it, and shaft me with it.

To be honest, I can see a company using a kill-switch to make you buy more devices. There was accually such a threat early on in one piece of software I use for my business, but there was such an outcry they abandoned it.

- Kc
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Here's a novel approach...
LandonAB 15th May 2009
if you don't like it, don't buy it.
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True, given clear disclosure.
enduser_z 15th May 2009
I think the question is how many people would buy the kindle or titles for it from Amazon if they understood the arbitrary rights they were granting to Amazon.

So if the disclosure is presented in a way that forces buyers to acknowledge that they really understand what they are signing up for, more power to Amazon.
0 Votes
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Amazon = Apple.
T1Oracle 15th May 2009
nt
Even Jar Jar Binx needs proof about Apple... (and if they did, they'd use the bloody thing to disable all the h@ck1nt0sh pirated copies out there, for which some people mewl and whinny because they're installing ultimately-illegal hacks on unsupported hardware and wondering why installing Apple's latest update causes it to break...)
0 Votes
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I don't plan on buying into digital readers until they become a commodity and the content is free. If the intellectual property industry manages to kill the digital reader industry, then too bad, I'll be just fine without.
0 Votes
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Why should the content be free?
Chalfont 18th May 2009
jdudeck wrote: I don't plan on buying into digital readers until they become a commodity and the content is free.

So why should this content be free? Sounds very much like you don't think any content should be charged for at any time? Is that the case, and if so, how do you support that notion, how does teh content's author get any payment for their work and intellectual property.

And I am NOT defending DRM, i think that stinks, but i do think that propogating that all content should be free plays into the hands of the media organisations trying to shackle our ownership and fair use of content, so think carefuly about what you say.
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Content should not be free ...
j3nzie 20th May 2009
First; I do not agree with DRM at all and I
fully agree with the above statement.

Content should not be free just because you
want it to be. Books, Music, Games, Movies,
Software, etc. These products are the work of
talented people and those people deserve to be
paid for the work they create.

I have worked in the film industry for five
years as a post production producer and I
cannot stand the mentality of the general
public that we should be giving away our work
for free or the idea they have the right to
steal it from us.

Again, I do NOT support DRM, but I do not
support piracy either.

0 Votes
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Microsoft DRM is extremely relevant to this blog. The topic is a device that provides anti-features to remove the rights of the owner, comparing this device (the topic of the blog) with the worst, and most widely deployed system on the market is not only relevant, I would think that it should have been part of the article.
I suspect that one of the reasons that it wasn't was because Adrian knew that it would crop up in this space.
0 Votes
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Authors have the right to protect their intellectual property.
Publishers have the right to prevent people publishing their books and profiting from it.
BUT, if a Library can circulate a book, so can I. The problem is that if I circulate a digital copy of a book, how many copies of it will be made, and will I ever get it back?
THAT'S why DRM was set up. If it was just circulation, with the original coming back to me and no copies staying out there, I doubt if even Micro$oft would have bothered. But there you go; business is IN business to make MONEY and STAY in Business. It's the nature of the (filthy) beast. (Don't YOU like getting paid each week? I do.)
As far as Kindle or other eReaders are concerned; I started with a NuvoMedia Rocket eBook, when that one got too crowded and stopped production (and support went away) I moved to a Pocket PC iPaq, and used MS Reader. I built up a HUGE library for that until it died last year, and then I bought a Kindle and started building my library for IT, both buying books and converting my LIT files to Mobipocket format.
And if you're worried about Amazon "turning off" or "killing" your Kindle, turn off your Whispernet receiver. Download your books to your PC and they can go hang.
Such panic-stricken Chicken-Little's.

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