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Hardware 2.0

Adrian Kingsley-Hughes

Yes, even Amazon's DRM sucks

By | November 24, 2011, 3:07am PST

Summary: If it looks like DRM, and smells like DRM, then it IS DRM!

Thinking of buying an Amazon Kindle or Kindle Fire for yourself or as a gift over the holidays? You might want to think again, because Amazon’s DRM (Digital Rights Management) policies stink just as bad as everyone else’s DRM policies.

Exhibit A:

The Consumerist tells the story of Ryan. Ryan has been a Kindle owner for a year, but for the last month he’s been locked out of his Kindle account by Amazon. Here’s the kicker:

I no longer have access to the nearly $1000 in Kindle content I have purchased.

And it seems that no one at Amazon can help Ryan:

I have filed a complaint with the BBB, emailed everyone I could at Amazon, called the Customer Service Line, the Kindle “Executive” support line, and Corporate. I have been apologized to by everyone I have spoken to and been told that they have never seen this situation before.

Hmmm, I’ve heard from quite a few people who have been locked out of their Kindle accounts in the past, but none on this scale. You might also remember when Amazon took the Orwellian step of deleting copies of Animal Farm and 1984 off Kindles with no warning.

The depressing part:

None of them can tell me if I will ever receive the content I have paid for.

Come on Amazon, you can at least refund the guy’s money!

So who really owns that digital content you’ve paid good money for?

Exhibit B:

Next up, a piece by Joe Wikert. Now Wikert knows a thing or two about the publishing business because he’s the general manager and publisher at O’Reilly Media. Prior to that he was VP and executive publisher at John Wiley & Sons.

Amazon has a default maximum of 6 devices for any given Kindle ebook. Once you try to get it onto the 7th device you’re greeted with an error message saying, “License Limit Reached”, and they nudge you to buy another copy of the product. No way. I already bought it once and I’m not buying it again.

This is yet another example of why DRM sucks. Someone decided 6 was a magical number and so no title can be read across more than 6 devices. Sure, I could de-register or maybe even just delete the book from one or two of my older devices but why should I have to?!

You might find it harder to have sympathy for Wikert given that he’s not lost access to his media or anything, but he has a point. That six device limitation is arbitrary. It’s a number pulled out of the air. What annoys me more than the limit is the nudge to buy another copy. While the limit annoys me, I understand that there has to be one, but the attempt to get you to repurchase something based on that arbitrary limit is offensive.

Amazon, you need to tidy up your act!

DRM sucks because users get, at best, an illusion of ownership. Buy a book or CD or a DVD and you have that content until you lose it, bust it, or pass it on to someone else. But with virtual DRMed content, you’re at best borrowing it and you can lose access to your paid for content in a heartbeat. All it takes if for the company to go out of business, your PC to get wiped or for someone somewhere to make a bone-headed decision and press the wrong button somewhere and your content is gone in the blink of an eye. If you’re lucky you get your money back, but I know plenty of people who are out of pocket thanks to DRM.

If it looks like DRM, and smells like DRM, then it IS DRM!

Image creditMarcin Wichary

Disclosure: I wrote several titles for John Wiley & Sons while Wikert was VP of the company.

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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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RE: Yes, even Amazon's DRM sucks
Lerianis10 28th Nov
@rgor@...

Not everyone agrees that downloading something online is 'stealing' the thing in question. I could go to a library, borrow a book, and scan it for my personal usage at home very easily.

These people just do NOT want to live in the real world where their things, now that they are 'intangible', aren't worth 10 dollars a book.

Maybe 4-5 dollars a book.
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Six seems reasonable
MG537 24th Nov
But I would be willing to listen as to why a higher number is better. Unless you're saying there should be no limit, in which case a few people can get together and split the costs of an e-book. That however would be a form of piracy since let's say 10 people can pitch in to buy a $15 e-book and all of them would have access to 100% of the e-book, on an unlimited number of devices for the price of $1.50. Wouldn't that be like stealing from the author?
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@MG537 Pirates will have already downloaded a DRM-free version without paying for it. The only people who this DRM limits are legitimate users.

Upping the 6-device limit won't change that or encourage more piracy. It's the opposite; when the amateur pirated version is BETTER than anything you can buy, they're practically begging people to steal it.

It's baffling that they haven't realized this.
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RE: Yes, even Amazon's DRM sucks
Lerianis10 Updated - 24th Nov
@phronk

phronk, you hit the 200 foot high nail on the head with the 2megaton hammer!

The fact is that when the NON-DRM'd stuff is better than the DRM'd stuff from the reputable company? People are going to go for the non-DRM'd stuff and these companies will lose MORE money.

It's simply time to BAN DRM PERIOD AND DONE WITH! FOREVER! It adds NO value for the regular consumer and is an attempt to make people and families pay one time for one thing on one device for only one family member.

I am sorry, but I am not going to do that douchebaggery.

You get me to play ONCE for something and then I had frigging well better be able to put it on ANY device I myself own. Or, my children own.
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6 seems reasonable?
theo_durcan 24th Nov
@MG537
not to me. When I bought a 33 lp, or any analog content, I can listen to it anywhere, in any device I want. Even I can make any copy It, as many times I want. Because the purchase it was based in al old principle that seems forgotten by those greedy corporations:
I own what I buy.
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@theo_durcan But it's the 21st century and you're dealing with new technology. You couldn't easily go and press a copy of your 33 lp, could you? Digital has to be treated differently.

It is more than reasonable. How many people own more than six cell phones, kindles, desktops and laptops? If you do, you can really afford a second copy of the book. And if you have a Kindle you don't really need to be reading on laptops and desktops anyway, so 6 ought to be more than enough for 99% of us.
to pay as little as possible for the widest possible use for something.
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RE: Yes, even Amazon's DRM sucks
condelirios 27th Nov
@jgm -- 6 ought to be enough? What if you have 4 children? and you each have a kindle and a cell phone? that's 12 devices. Why should you need to buy 2 copies? If you bought one physical book, everyone could read it. Why is there a difference? Secondly...ease of copying is not the issue. Pirates always find it easy to copy. Normal people don't. And putting it on everyone in the house's device should just be part of it.
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@condelirios: The difference is: If you buy one physical book, only one person can read it at a time. If you buy one ebook, 6 people can read it at a time.
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@MG537 Doesn't seem to bother Baen Publishing, Webscriptions and some others, all their books are sold non-DRMed. When I buy an eBook, I BUY it I don't rent it, borrow it, or license it! I own it, I can read it on anything I want, and when I am done I can wipe it off my devices and give it to my son, or whatever!
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@leopards
Not entirely true. When you used to buy a book (not e-book), it was illegal to reproduce the entire book, exact copy, including cover, table of contents, index, bibliography etc. and then sell it or even give it away for free on the street corner.
You could definitely lend the book to friends or family, but it was in your best interest to take it back when they were finished with it, since you are the one that paid for it.
In the case of e-books, it's different. You could easily reproduce and exact copy of it, sell it or even give it away without any extra cost to you. Hence the DRM limits that Amazon wants to implement.
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RE: Yes, even Amazon's DRM sucks
Lerianis10 28th Nov
@MG527

That doesn't make sense. The fact is that the ONLY thing that will do is to push people to the NON-limited 'illegal' version of the thing that they want.

DRM needs to disappear.
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RE: Yes, even Amazon's DRM sucks
condelirios 27th Nov
@MG537 Why would that be different than 10 people buying a printed book for $15 and passing it around until all have read it? That isn't piracy, and sharing the digital copy shouldn't be either.
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Nice one! But you provide WRONG reasons why DRM sucks. Basically you have described why STREAMED content is risky. It will be risky with or without DRM! Company may went out of the business, someone can press wrong button, your PC to get wiped, etc.

DRM differs from DRM-free, that you CAN make backups, no-one decide for you on what you want to consume content, and no one tell you how long you can do it!

DRM is not about instability of companies, or content, this is common to ALL IT based businesses.

It is about LIMITING consumer rights. Enforcing payment for limiting consumer rights. About making criminal things that every sane person would do (like making back ups, sharing with friends, etc.). Etc. RIGHTS not TECHNOLOGY limitations.
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@przemoli DRM isn't about limiting consumer rights. It's about allowing consumers their rights while also protecting the rights of content producers.
@jgm@...
everything I read here is all "me! me! me!" anymore.

I'll agree that DRM isn't being done all to smartly sometimes, and they're has to be a better way of making everyone happy, but we all know where DRM free leads to - people giving out someone else's content, free for all to have.

I wonder if they even bother to think about the content creators when doing so.
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RE: Yes, even Amazon's DRM sucks
Lerianis10 27th Nov
@William Farrell

William, we already have that even WITH DRM because DRM is easy to crack when it comes down to it. For every person trying to make the 'unbreakable' DRM, there are 10 out there trying to break that DRM and they WILL find a way to do that.

Why? Because you HAVE to give someone a key of some form to view their DRM'd stuff.

It's time to realize that DRM is a remnant of insane thinking. If you PRICE YOUR PRODUCT CORRECTLY (which means 5 dollars for a DVD, 7 dollars for a Blu-Ray, and 30 dollars at most for a PC/console game) you will sell product.
When I buy something, I own it no I do not 'rent' it as companies want you to think. I buy a CD, or DVD. I own it, I'll back it up to the HD, or to another CD/DVD, I'll resell it (the original, not the copies). If I resell it, I don't want it, and it's taking up space.

So IF I ever get a Kindle, or Nook. I'll unlock it, remove the DRM and I'll back up the files I bought and paid for. Unless Amazon or Apple or anyone else, pays for my ISP connection, and gives me those files for free, then they can say what I can do with them. If I buy them with my money, I own it.

Too many people let companies tell them what to do. This case listed above in the article is an extreme example. $1,000 worth of files locked away? Amazon could at least wipe and reload all those files off his Kindle for free instead of locking them away for a year.

No...unless DRM is erased and Amazon (or others) stop this 'come into your system and wipe out what they want without notice, or compensation' then I'll stick with paper books. I've yet have a big company come to my house and take back a book.

-Kc
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RE: Yes, even Amazon's DRM sucks
Lerianis10 24th Nov
@kcredden2

Actually, I am sure that what Amazon is doing here is illegal. They should NOT be giving this guy the run-around and they SHOULD be having an anti-trust investigation done, for RICO.

Yes, something like this if it is happening to many people illegitimately DOES fall under RICO.
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@Lerianis10 For all we know the guy was locked out of the account for using a stolen credit card or hacking the system or something. We don't know the other side of the story.
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RE: Yes, even Amazon's DRM sucks
Pete "athynz" Athens 24th Nov
@jgm From the article: I have filed a complaint with the BBB, emailed everyone I could at Amazon, called the Customer Service Line, the Kindle ???Executive??? support line, and Corporate. I have been apologized to by everyone I have spoken to and been told that they have never seen this situation before.

This hardly seems like the course of action someone using a stolen credit card or someone hacking the system would take... such people would not go the route he chose but would go out and steal another card, rehack the system, or simply download pirated copies.
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Here is where your brain fails ....
wackoae Updated - 24th Nov
@kcredden2 You may "own" the CD/DVD media but you DON'T own the music or movie stored in them. You have a LICENSE to play to it on compatible devices. You are not the owner of any of the digital (or analog) media you buy ... just a paid licensee.
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No, it doesn't fail
ScorpioBlue Updated - 24th Nov
Because I have the same attitude he does.

Within Fair Use limits and what the law allows, of course.

Nowadays, corporations have forgotten who their customers are so it's no wonder there's this much hostility out there. Especially in situations when it becomes institutionalized and there are no viable alternatives available.
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@Scorpio... what fair use is being denied by Amazon? In the first we don't know what triggered the lockout and the complainer may be at fault or it may just be a software glitch (especially since no one seems to know why it happened, according to the complainer). In the second case, six devices seems more than fair and the limit was known before purchase.
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@wackoae That's not what the advertising says. It says "own it on DVD", not "own the DVD but not the stuff on it". You go to a CD/DVD store, they sell CDs and DVDs, nowhere is there any signage saying they are only selling the licences to the content.

Somebody is obviously lying. I wonder who?
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RE: Yes, even Amazon's DRM sucks
Pete "athynz" Athens 24th Nov
@wackoae In this I fully agree with ScorpioBlue... I own the physical media (i.e. a VHS tape, DVD, CD, laserdisk, printed pages) the content is on. With the ereader - in my case a Nook Color - I own the physical media the content is on. In other words I bought it, it's mine. Which is why I'm had a hard time with Amazon's presumptuous deletion of the Orwell books that AKH mentioned in this article and why I think it's total crap the gent in the first example is locked out of the nearly $1,000 of Kindle content he purchased. Are you saying Amazon was RIGHT to delete those books and lock out a customer without any sort of explanation?
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RE: Yes, even Amazon's DRM sucks
lehnerus2000 24th Nov
@wackoae
Based on that logic, I can "borrow" all of your optical media and as long as I replace it with the equivalent blank media, you haven't lost anything.
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@ScorpioBlue

When customers remember that without content creators there would be no content, maybe then they would realize that the creator's content is not theirs to reproduce, distribute freely or sell. At this point much of the hostility would most likely disapate.

Unfortunately. too many people feel that since they paid for it, they are now owners and part of the process in refernce to the creator's materials and rights, which is not the case.
plain
@Pete "athynz" Athens

Just purchasing an item does give you rights to the physical media, but not what is on it.

My full time occupation is head of IT for a company, but for 25 years my "part time job" is that of comic book artist.
I do not draw for Marvel or DC, instead an independent company. Who I am is unimportant (Yes, John Zern is not my real name) but what is important are my rights.
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Part 2
John Zern 27th Nov
@Pete "athynz" Athens
Too many people here want to believe that purchasing one of our comic's would somehow grant that person rights to my characters which I, as other artist also do, own. Though reading the posts here, I am under the impression that many feel that the fact they own the physical comic, they are now extended rights to my characters to do with as they please. I own the rights, not you.

I have no problem with fair use: If you make a Halloween custome of one of my characters, more power to you! (I would love to see the pics!) If you want to scan the cover and frame it, I'm cool with that.
Many of us like fan art, so once again do it up!
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Part 3
John Zern 27th Nov
@Pete "athynz" Athens
What I don't like is that people feel since they bought the comic maybe they can scan the whole thing to their website. Sorry, I don't allow that. I don't want it reproduced and emailed to a brother or friend, either.

I don't want the characters used in a homemade movie or comic used in conjunction with some other character, no cartoons, or making your own action figures.

I work hard working up back stories and attitudes of my characters, I really don't want anyone ruining my hard work with their interpertation of the characters. You see, I own the content even though you bought the comic.

Feel free to burn it, tear it, draw moustaches on the characters, line the bird cage if you want: it's your paper to do with as you please.

Just don't believe that you somehow are allowed to do with the characters as you please, beyond what rights I grant our publisher, and he grants to you.
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@kcredden2 I'm curious... are you a Windows or OS X user?
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RE: Yes, even Amazon's DRM sucks
Gvilleguy Updated - 24th Nov
This is an inflammatory headline looking to get clicks with very little meaningful content. The users experiencing an account lockout certainly need to be addressed by Amazon, but without more data provided by the writer we can only assume they are in the minority out of millions of customers. And a six device limit is generous considering it takes seconds, for example, to remove a book off your 1st gen Kindle and download it to your iPad. The digital trade-off is one I am willing to make for the convenience of not having dozens of books gathering dust on the shelf. This article makes ZDnet look petty.
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My wife and I love our new Kindle Fire. It's lightweight, easy to use and has a great interface. The first thing I recommend anyone with a new Kindle do is install the nook app. We got our instructions from www.kindlemad.com through google.

It basically unlocks all the Android marketplace apps and unlocks the device. I am one very happy Kindle owner!
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That six device limitation is arbitrary. It???s a number pulled out of the air

Why not ask Amazon? maybe they did a study and found that the avarage home has 4-5 devices maximum, and added a sixth item just for a cushion?

You're assuming they just picked 6 as the number.
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A logical statement
Mister Spock 25th Nov
@William Farrell

It would be interesting to discover how Amazon came to the number they did.

plain
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All DRM sucks
WinTard Updated - 25th Nov
Imagine going to a restaurant. All the food is licensed, and somehow can be revoked? It may be true that all beer is ultimately rented, however, having no choice but suffer 'shrink wrapped' SLA, EULA and other crap, we the consumers generally have no real choice? Well I bought a Kindle 2 months ago, and this article is the spark that motivated my curiosity in googling un drm kindle. Apparently it's trivial?

Q. Why do people climb mountains?
A. Because it is there? (The Human Spirit likes a challenge)

The way I see it, they should do whatever to protect their interests. The corollary to this is we should do whatever to protect ours. It's fair. Ethical. Moral. And the right thing to do. And when someone tramples on someone else's rights, game on!

~~~~~~~~~
If privacy is outlawed, only outlaws will have privacy.
~ Philip Zimmermann, creator of PGP (Pretty Good Privacy)

The world is a tragedy to those who feel, but a comedy to those who think.
~ Horace Walpole, 1717-1797
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DRM is instituted by the owners of the copyrighted material i.e you write a book and then you sell it to someone who then tries to make money of the book. Some people feel that they are entitled to everything for free others feel that you should make it cheap enough or they will have no choice but to steal the author's book, and there are others who feel that if you can't afford, you shouldn't have to have it. There is some crossover i.e a musician who feels people should pay for hi/her album but they should be able get a certain author's book for free etc
In general, there is no media item that is so essential to me that I have to either steal it or cry when it isn't offered for free.
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RE: Yes, even Amazon's DRM sucks
Lerianis10 28th Nov
@rgor@...

Not everyone agrees that downloading something online is 'stealing' the thing in question. I could go to a library, borrow a book, and scan it for my personal usage at home very easily.

These people just do NOT want to live in the real world where their things, now that they are 'intangible', aren't worth 10 dollars a book.

Maybe 4-5 dollars a book.

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