joegratz.net

Princeton computer scientist John Halderman has this report on the latest attempt to copy-protect CDs. This one is actually rather clever; it installs a driver that prevents programs from directly accessing the CD drive while the CD in question is inserted. Of course, the driver is only installed if the software on the CD runs when the CD is inserted … and if you hold down the shift key while inserting the CD, the software won’t run and you can copy the CD with no trouble at all. This has led some wags to claim (erroneously, but amusingly) that under the DMCA, shift keys may no longer be sold, since they are devices that can be used to circumvent a technical measure effectively reventing access to a copyrighted work. More seriously, though, holding down the shift key when you insert this CD is probably a violation of 17 USC 1201(a)(1)(A).

To its credit, this new scheme does allow some unregulated uses of the music — burning it to CDs, sending limited-time copies to friends, and transferring it to portable devices. But this really solves no problems. Computer enthusiasts (or even those with a mildly above-average level of skill or information) will still be able to rip the CD, and it is precisely this group that, I think, tends to provide the “seed” copies on P2P networks. The CD is already out there on the P2P networks, and while the number of “seeds” does affect availability, the first-order effect is the popularity of the music. In all likelihood, then, all this will stop is lawful, private copying by technically unskilled users.

UPDATE, 10 October 2003: Since my original post, the company behind the technology, SunnComm, has threatened to sue Halderman, then backed down. None of the claims described in the press release would have gotten SunnComm very far, but you can’t blame them for being mad after watching their stock tank because of the report.