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Apple Computer's video iPod may not be the first portable movie player, but it is by far the best.

The one serious flaw in this svelte little device is how difficult it is to load with video. Apple's otherwise handy iTunes application flatly refuses to transfer a legally purchased DVD to the iPod.

Don't blame Apple for this glaring oversight. You can thank our esteemed public servants in Congress.

In 1998, politicians bowed to pressure from the entertainment industry and voted overwhelmingly for the Digital Millennium Copyright Act. Part of that law made it a federal offense to sell or distribute software that can rip DVDs.

In other words, believe it or not, Apple CEO Steve Jobs would be guilty of a federal felony if iTunes transferred DVDs to an iPod as easily as it can music from a CD.

While these Draconian penalties have angered digital-rights types for years, the prohibition really hasn't affected a broader audience. But the recently released video iPod changes this and--if we're lucky--will prove to be a flashpoint that sparks actual reforms.

"Our best hope for getting amendments to the DMCA is for more regular consumers to feel the pinch of the DMCA," says Fred von Lohmann, an attorney at the Electronic Frontier Foundation.

Earlier legal tussles over the DMCA were more arcane and didn't cripple gadgets prized by millions of Americans. (About 14 million iPods, including the Shuffle, Nano and video versions, were sold in the last quarter of 2005.)

Take the court rulings against the now-defunct 321 Studios, which used to sell a DVD-copying program. A federal judge in February 2004 ruled that the DMCA outlawed it.

That decision was widely ignored outside of geekdom. So were legal threats against security researchers, DVD burning software, toner cartridge refills, computer-science graduate students, Russian hackers and Princeton researchers.

DMCA celebration border=
Credit: Declan McCullagh
Champagne was on hand in 2002
when politicians and lobbyists
gathered in Washington, D.C.,
to celebrate the Digital
Millennium Copyright Act.

There are some proposals in Congress that start to fix the video iPod problem, but the outlook is hardly sunny.

One bill is the Digital Media Consumers' Rights Act, introduced by Rep. Rick Boucher, a Virginia Democrat. Another is the so-called "Balance" bill introduced by Rep. Zoe Lofgren, a California Democrat.

But there are some problems. The latest version of the Boucher bill seems to be watered down from an earlier one. (The new language is ambiguous but not as consumer-friendly as it was in the earlier version). And even if it were enacted, you could legally transfer a DVD to an iPod, but it would continue to be unlawful to distribute the software that permits the transfer to take place.

The Lofgren bill comes closer to the mark. It says that in some cases, it is legal to distribute software that can "circumvent a technological measure" such as DVD encryption.

Unfortunately, her proposal has virtually no support. And because it's a bill introduced by a Democrat, it's hardly likely to receive a warm welcome from congressional Republicans.

More to the point, perhaps, a good portion of the U.S. technology industry is lined up against DMCA reform.

There's no shortage of enthusiasm for the 1998 law among the political class--various lobbyists and politicos actually toasted it with champagne a few years ago, and many software companies love it.

The Business Software Alliance (that is, Microsoft) says the law is necessary "to curb piracy and its economic consequences." The entertainment industry is just as emphatic, and so are video-game makers.

Still, some glimmers of hope exist for DMCA reform. At a hearing in November, Rep. Joe Barton, the Texas Republican who chairs the House Energy and Commerce Committee, seemed to take a common-sense approach.

"It boils down to this: I believe that when I buy a music album or movie DVD, it should be mine once I leave the store," Barton said.

Hardware makers and Internet providers have also expressed their support for reform. (The list includes Intel, Sun Microsystems, Verizon, Gateway and Red Hat.)

Will that be enough? We'll see. It may depend on how rebellious--or cranky--video iPod owners turn out to be.

Biography
Declan McCullagh is CNET News.com's chief political correspondent. He spent more than a decade in Washington, D.C., chronicling the busy intersection between technology and politics. Previously, he was the Washington bureau chief for Wired News, and a reporter for Time.com, Time magazine and HotWired. McCullagh has taught journalism at American University and been an adjunct professor at Case Western University.

More Perspectives

See more CNET content tagged:
DMCA, Apple video iPod, Democrat, lobbyist, Rep.

Add a Comment (Log in or register) 30 comments (Showing first 20 comments)
What is going to spark change
by kfsutops January 23, 2006 6:54 AM PST
Is all the new equipment coming out for the living room with Copy
Protection. Typically, most people have no clue what they can do
with a regular PC. But once things start not working on a TV
because Sony/Microsoft says "NO," people will then care about this.

It is unfortunate but true.
Reply to this comment View reply
What is going to spark change
by kfsutops January 23, 2006 6:54 AM PST
Is all the new equipment coming out for the living room with Copy
Protection. Typically, most people have no clue what they can do
with a regular PC. But once things start not working on a TV
because Sony/Microsoft says "NO," people will then care about this.

It is unfortunate but true.
Reply to this comment View reply
Media Companies need to License Fairplay
by jypeterson January 23, 2006 6:54 AM PST
I think that the next logical step is for the media companies to license fairplay (Apple's DRM). The media companies will never allow the law to change. They spent too much money getting the law passed, and now that Apple is here they will just allow the law to go back? This causes too many issues with illegal copying again.

If they license fairplay and put an iPod compatable version of movies on the Blu-ray (or Microsoft's backed next-gen disk) for downloading to iPods (with some sort of registration I am sure through iTunes to prevent copying) then we could see movies purchased on DVD availible for iPods. I bet Apple and some of the movie studios are probably working on this already in their skunkworks labs.
Reply to this comment View reply
Media Companies need to License Fairplay
by jypeterson January 23, 2006 6:54 AM PST
I think that the next logical step is for the media companies to license fairplay (Apple's DRM). The media companies will never allow the law to change. They spent too much money getting the law passed, and now that Apple is here they will just allow the law to go back? This causes too many issues with illegal copying again.

If they license fairplay and put an iPod compatable version of movies on the Blu-ray (or Microsoft's backed next-gen disk) for downloading to iPods (with some sort of registration I am sure through iTunes to prevent copying) then we could see movies purchased on DVD availible for iPods. I bet Apple and some of the movie studios are probably working on this already in their skunkworks labs.
Reply to this comment View reply
by far the best?
by Craig Jones January 23, 2006 7:30 AM PST
Curious that the author started this article with "Apple Computer's video iPod may not be the first portable movie player, but it is by far the best."

By far the best by what measure? Certainly not in it's ability to load and play video as evidenced by the author's rant. While other players don't take protected DVD's directly either, they all play more formats than the iPod.

While the video iPod is an appealing music player, possibly the best of breed, it's universally considered the worst portable video player, not the best. It supports the fewest video formats and has the smallest screen of all the offerings. Doesn't prevent me from owning one, but when I want to watch video on it I'm constantly reminded of how bad it really is.
Reply to this comment View all 3 replies
by far the best?
by Craig Jones January 23, 2006 7:30 AM PST
Curious that the author started this article with "Apple Computer's video iPod may not be the first portable movie player, but it is by far the best."

By far the best by what measure? Certainly not in it's ability to load and play video as evidenced by the author's rant. While other players don't take protected DVD's directly either, they all play more formats than the iPod.

While the video iPod is an appealing music player, possibly the best of breed, it's universally considered the worst portable video player, not the best. It supports the fewest video formats and has the smallest screen of all the offerings. Doesn't prevent me from owning one, but when I want to watch video on it I'm constantly reminded of how bad it really is.
Reply to this comment View all 3 replies
Music business...
by Willeisen January 23, 2006 7:51 AM PST
I just hope the film industry doesn't go down the same dark road as record companies have. History is certianly repeating itself here and unless they are careful they could end up lossing people to pirated media, like when they shut down Napster.

Which wouold they rather have? People downloading there movies online for free; or people loading there movies to there PC/Mac quickly and easily? (which would probably boost sales)
Reply to this comment View reply
Music business...
by Willeisen January 23, 2006 7:51 AM PST
I just hope the film industry doesn't go down the same dark road as record companies have. History is certianly repeating itself here and unless they are careful they could end up lossing people to pirated media, like when they shut down Napster.

Which wouold they rather have? People downloading there movies online for free; or people loading there movies to there PC/Mac quickly and easily? (which would probably boost sales)
Reply to this comment View reply
Getting Everything Wrong
by Hynes January 23, 2006 9:47 AM PST
I have concluded that Congress is tremendously ill prepared in virtually every stage of the current communications revolution.

I suspect most members of Congress wouldn't know an iPod from an iron. And they clearly have no idea that current telecom regulations hinder choice for consumers and weigh down our economy.

They are, in some ways, hopeless.

http://www.channelchanger.typepad.com
Reply to this comment
Getting Everything Wrong
by Hynes January 23, 2006 9:47 AM PST
I have concluded that Congress is tremendously ill prepared in virtually every stage of the current communications revolution.

I suspect most members of Congress wouldn't know an iPod from an iron. And they clearly have no idea that current telecom regulations hinder choice for consumers and weigh down our economy.

They are, in some ways, hopeless.

http://www.channelchanger.typepad.com
Reply to this comment
Think National 55 mph Speed Limit
by markdoiron January 24, 2006 5:38 AM PST
think about the 55 mph speed limit. there was a law whose backers were mostly tree huggers. as a fervent user of the wilderness areas of this great nation, i consider myself quite protective of our natural environs, but even i found the 55 mph speed limit a silly intrusion by a clueless federal government. and that remained the law of the land without major money supporters. it took years to get rid of, even under a very conservative government that alleged itself a strong supporter of state's rights.

now, dmca. backed by big money from content owners. still a clueless federal government. it won't be revoked or significantly modified .. ever.

however, like the 55-mph speed limit, despite its chilling effect, it will be almost universally ignored. enforcement will be spotty because those charged with enforcing it have more vital things to do.

mark d.
http://members.cox.net/mddoiron
Reply to this comment
Think National 55 mph Speed Limit
by markdoiron January 24, 2006 5:38 AM PST
think about the 55 mph speed limit. there was a law whose backers were mostly tree huggers. as a fervent user of the wilderness areas of this great nation, i consider myself quite protective of our natural environs, but even i found the 55 mph speed limit a silly intrusion by a clueless federal government. and that remained the law of the land without major money supporters. it took years to get rid of, even under a very conservative government that alleged itself a strong supporter of state's rights.

now, dmca. backed by big money from content owners. still a clueless federal government. it won't be revoked or significantly modified .. ever.

however, like the 55-mph speed limit, despite its chilling effect, it will be almost universally ignored. enforcement will be spotty because those charged with enforcing it have more vital things to do.

mark d.
http://members.cox.net/mddoiron
Reply to this comment
DeClan was reading my mind
by rgbyhkr January 25, 2006 4:26 AM PST
I have had this same thought about the video iPod sparking change since before it was released. See my comments on another story from TUAW last week about the TVMyiPod service (last 3 paragraphs):

http://www.tuaw.com/2006/01/20/tvmyipod-service-legal/2#c952161

Only a mainstream effort can get the DMCA changed. The video iPod has the best chance at sparking that change and the longer movie content is absent from ITMS, the better the chance that it actually happens.

Jeff
Reply to this comment
DeClan was reading my mind
by rgbyhkr January 25, 2006 4:26 AM PST
I have had this same thought about the video iPod sparking change since before it was released. See my comments on another story from TUAW last week about the TVMyiPod service (last 3 paragraphs):

http://www.tuaw.com/2006/01/20/tvmyipod-service-legal/2#c952161

Only a mainstream effort can get the DMCA changed. The video iPod has the best chance at sparking that change and the longer movie content is absent from ITMS, the better the chance that it actually happens.

Jeff
Reply to this comment
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