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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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« Mark Cuban Has Questions About the Macrovision DMCA Lawsuit | Main | Clear Channel Reveals Own Weaknesses »

June 16, 2005

Macrovision's Magical DRM that Drastically Reduces P2P Distribution

Posted by Ernest Miller

Well, my last two posts have been about Macrovision's copy-protection, this one might as well be too. See, Macrovision Invokes DMCA for Analog Copy-Protection Technology and Mark Cuban Has Questions About the Macrovision DMCA Lawsuit.

Anyway, the copy-protection scheme that Macrovision provides for DVD players is called Analog Content Protection. Macrovision claims that,

Macrovision ACP prevents or distorts copies of DVDs made over an analog interface to DVD recorders, PCs, digital video recorders (like TiVo, ReplayTV and Media Center PCs), in addition to D-VHS recorders (DVRs) and VCRs. By preventing copying onto digital devices, Macrovision ACP dramatically reduces the digital sharing of this content, including sharing among PCs, DVRs, and over peer-to-peer networks.
When you don't want to call something a lie, you might use the phraseology, "it is, at best, highly misleading."

Well, the above claim by Macrovision is, at best, highly misleading. At best, Macrovision prevents some users from uploading new files onto filesharing networks. It reduces this initial dispersion of the files. Unfortunately, that is a pretty high cost for very low return: Speed Bumps on Your Car.

In this next paragraph, Macrovision demonstrates excellent use of qualifiers and half-truths. I shall annotate.

Macrovision ACP is the world’s leading device-to-device analog content protection system [Thank you, 17 USC 1201(k), which mandated use of the technology], protecting over 4.5 billion DVDs for Hollywood and other rights owners since the format’s introduction [Protecting them from what? The internet? Commercial infringers? It is interesting that they protect "DVDs" and not "copyrighted works"]. Macrovision ACP closes the analog hole on nearly every DVD player, DVD recorder, PC, and digital video recorder. [Nearly. In a world where reproduction is effortless, "nearly" doesn't count for much.] It is supported through a worldwide ecosystem which includes extensive licensing to PC, CE and IC manufacturers. [Why does Macrovision act as if legal mandates aren't the real reason for this extensive licensing, like they did it themselves or something?] In support of this worldwide content protection ecosystem, Macrovision has developed industry-accepted test and certification facilities used to support proper functioning of ACP on nearly all manufacturer’s DVD players, drives, and recorders prior to market release. [There's that "nearly" again.]
Gosh these guys are good. No wonder they got Congress to mandate their technology.

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