When will they learn?

Only one month after the AACS LA announced updates to PowerDVD and WinDVD to thwart the highly publicized cracking of the 128-bit processing key used in decryption of HD DVD and Blu ray movie discs, they are back to square one. The new key has been cracked already. The most comical thing about this whole situation is that the key was cracked before the May 22nd debut of the first movie titles using the new key.

Just another episode of the never-ending cycle. When will they learn that DRM is a losing battle?

All I have to say is that they better not have used MY 128-bit precious, or there will be hell to pay! Hell, I tells ya!!!

The Accident -- Part I

Today is the six month anniversary of an event I will never forget. An event that has become known simply as The Accident. I've lost count as to how many times I've told this story, and who I have and have not told it to, so I thought I'd just let everyone read about it here. I apologize if you've heard this story already. ;)

Synopsis
November 14, 2006
I-80 mile marker 98, just east of Stuart, Iowa

Shortly after sunset, a co-worker and I were returning to Des Moines from a business meeting in Council Bluffs. We were traveling in the left lane of I-80 near Stuart when a large deer ran up out of the median and struck the front left of the Jeep Liberty my friend was driving. There was essentially no time to react. We hit the deer at 70+ mph. The impact sent us through the right lane and into the right-side ditch where we rolled the Jeep at least once, and eventually came to rest on the driver's side. We both managed to climb out of the Jeep through the broken sunroof. After a brief check that we were both "OK", I called 911. Approximately 20 minutes later, two ambulances arrived at the scene and transported us both back to Des Moines.

Vague Details
Essentially, my recollection of the accident is somewhat vague. I remember the impact, but do not remember seeing the deer. I vaguely remember the vehicle swerving, but do not remember it rolling in the ditch. After the impact and initial veering of the Jeep to the right, the next thing I remember is hanging up in the air, belted into the passengers seat. I can recall the blood starting to partially rush to my head as I waited for Scott to climb out of the sunroof. If I had tried to go first, I would have immediately fell on top of him after unlocking my seatbelt.

After we made it out of the Jeep, I remember us both exchanging more than a few "holy shit, what the hell just happened!?!?" comments. Scott was bleeding profusely from a large gash in his head. The image of his blood-soaked face and hands is permanently etched in my memory. I think the sheer surprise of the accident in combination with the gory scene of Scott's bloody face, hands, and clothes sent me into shock, as I do not remember the nearly 20 minutes that it took for the ambulances to arrive. Apparently, I was speaking coherently with Scott during that time, but I do not remember any of it. None. Zilch. Zero. I remember feeling pretty good after getting out of the vehicle -- only some minor cuts here and there. Funny that I should be the one who goes into shock, when Scott was the one with the huge gash on his head that was bleeding everywhere.

The next thing I remember after calling 911 is sitting in the ambulance being evaluated by the EMT. The specifics of the evaluation and the ride back to Des Moines are sketchy at best. The next several hours of poking and prodding in the emergency room, and the night spent in the hospital wearing a neck-brace are also very sketchy. I'm sure Cindy could recount everything that happened that night in the hospital, as she was there shortly after I arrived and was there for the duration.

The Aftermath
Despite the 12 staples required to close the gash in Scott's head, and the burns on his wrist from the airbag, he managed to be discharged from the hospital the night of the accident. As far as I know, he's back to normal (he transferred to our Seattle office in January to be closer to his family).

As for me, all I suffered was a few cuts and some bruised ribs which are now long since healed. Initially, they weren't sure if I had fractured my left wrist or if I had some sort of neck injury, but luckily that turned out not to be the case. Unfortunately, I still had to frequent the doctor's office for several weeks after the accident.

Looking back at the photos of the wrecked Jeep (see below), it almost feels like it didn't happen to me...like it happened to someone else. I think that is primarily due to the fact that I don't remember so much of the actual accident. Remembering the night in the hospital , the numerous aches and pains afterwards, and the frequent doctor visits that followed quickly remind me that it did, in fact, happen to me.

I think we are extremely lucky to be alive.

My 128-bit Precious

The Advanced Access Content System Licensing Administrator (AACS LA) group, founded by such companies as Microsoft, IBM, Intel, Sony, Toshiba, Panasonic, Walt Disney, and Warner Bros., has been in a legal uproar in the past several months over the publishing of a "processing key" used to decrypt HD-DVD and Blu-ray movie discs. They have issued takedown notices to numerous websites that have published the 128-bit hex number, claiming that hosting the number is a violation of the DMCA's ban on trafficking of circumvention devices. How can a number be considered a circumvention device on its own? The AACS LA is relying on language in the DMCA that defines a circumvention device as:

"primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title",

and

"has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title"

or

"is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title"

Basically, they claim that there is no significant commercial purpose for that particular 128-bit number other than for use in the decryption of HD-DVD and Blu-ray discs, thereby classifying it as an illegal circumvention device under the DMCA, and hosting or publishing the number would be considered trafficking.

Following the lead of AACS LA, I hereby lay claim to the following 128-bit, 16-hex-pair, number for purposes of encrypting/decrypting all my intellectual property:

FF 25 77 64 00 81 4A 4C E3 59 4F BF 06 98 C7 32

This is my number. There are many like it but this one is mine. My number is my best friend. It is my life. I must master it as I must master my life. Without me, my number is useless. Without my number, I am useless. I must encrypt with my number true. I must encrypt better than my enemy, who is trying to circumvent me. I must encrypt before he circumvents me. I will. Before God I swear this creed: my number and myself are defenders of my intellectual property, we are the masters of my enemy, we are the saviors of my life. So be it, until there is no enemy, but peace. Amen

My Precious. Get your own you dirty, circumventing leaches!

UPDATE: The day internet radio DIES

Internet radio receives a stay of execution -- sort of...

"The day internet radio DIES" has been pushed back a month to July 15, 2007 following the publication of the Copyright Royalty Board's (CRB) "Final Determination of Rates and Terms" in the May 1, 2007 Federal Register. The CRB ruling states that webcaster's first payments are due 45 days after the end of the month in which the "final" determination is published (Sec. 380.4(c)), which results in the July 15, 2007 date.

House Resolution 2060, The Internet Radio Equality Act (H.R. 2060), which is currently under review by the Energy and Commerce Committee, has gained significant steam since it's April 26 introduction by Jay Inslee (D-WA) and Don Manzullo (R-IL) in the House of Representatives. Strong support for the proposed legislation has has emerged over the last few weeks, with 41 current co-sponsors to the bill (31 D, 10 R). The bill would nullify the March 2, 2007 CRB ruling for increased royalty rates, and apply a more mutually beneficial and economically feasible rate structure. In addition, the bill would unify the royalty standards between internet radio, satellite radio, cable radio, and jukeboxes. It appears that unification with terrestrial radio royalty requirements is not addressed specifically.

The sponsor of the bill, Jay Inslee (D-WA) is a member of the House Energy and Commerce Subcommittee on Telecommunications and the Internet, which oversees "Interstate and foreign telecommunications including, but not limited to all telecommunication and information transmission by broadcast, radio, wire, microwave, satellite, or other mode; and, Homeland security-related aspects of the foregoing, including cybersecurity."

Contact your representative and urge them to co-sponsor H.R. 2060, The Internet Radio Equality Act, and help save internet radio!

30th Birthday Surprise Party

Thanks to everyone that showed up at the surprise party for my 30th birthday last month. It was really good to see you all.

Special thanks go out to:
- Cindy for orchestrating the whole thing without me finding out about it. Having it a month after my actual birthday was pretty sneaky!
- My brother Brian for letting us use the bowling alley and providing the food
- My mom for the birthday cake

Here are a few pictures for your enjoyment.

Thanks again everyone. It was really fun!

The day internet radio DIES - Part II

The following is a continuation of my blog entry entitled: May 15, 2007 -- The day internet radio DIES.

Another aspect of the Copyright Royalty Board proposed fee schedule that deserves mentioning is that it continues the unbelievable disconnect in royalty payments between terrestrial stations and internet/satellite radio (at least as far as I can tell). Ever wonder why your favorite FM station, with all the backing of a mega-conglomerate like ClearChannel, doesn't offer an online stream? I know I've thought about it before (the local ClearChannel rock station here does not offer such a service). The (likely) answer: It's because as soon as they cross over to streaming their station online, they are required to pay additional royalties that they are not obligated to pay as terrestrial stations. That's right -- internet radio stations are actually required to pay royalties beyond those that terrestrial stations are required to pay. Now tell me that makes sense.

I'm sure that the additional royalties are not the only factor driving the decision not to stream online for these FM stations, but it's got to be a major player at the very least. And don't tell me they lack the capital to purchase the necessary equipment to get a stream off the ground. If Joe Blow the internet radio hobbiest can stream his favorite Led Zeppelin tunes at 192 kbps mp3 using his P.O.S. home computer and COMPLETELY FREE SOFTWARE, then certainly a ClearChannel owned FM station can find a way to afford to simulcast their terrestrial signal. In the end, I've got to think that the additional royalties make venturing into online streaming significantly less attractive to terrestrial radio.

As noted above, the gap in royalty payment requirements between terrestrial and internet radio is unfortunately a continuation of the status-quo. The Digital Millennium Copyright Act of 1998, which was built upon the Digital Performance Rights in Sound Recordings Act of 1995, says that internet radio stations have to pay performance royalties on songs played, in addition to composer royalties on those songs. Terrestrial radio stations pay composer royalties, but are not obligated to pay performance royalties. Why, you ask? Because of the long-established rationale that recognizes record labels benefit from the promotional value of songs played on terrestrial stations. In essence, the logic is that the promotional value to record labels offsets any performance royalties that would be due. So why is it that internet radio is not afforded the same rationale??? If anything, internet radio provides more promotional value for a wider artist-base than terrestrial radio. It just doesn't make sense. Unfortunately, the CRB ruling set to go into affect May 15, 2007 not only increases the royalty fee schedule, it also appears that it fails to address this disconnect.

I'll admit that I do not know exactly how the fee schedule is setup for the composer royalties terrestrial stations must pay. Perhaps they are somewhat inflated to try and balance with the total royalties paid by internet stations, I don't know. But from the reading I've done, it doesn't appear to be this way.