Ears On

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Mark Fleischmann  |  Feb 13, 2006  | 
The file format that turned music distribution into free-for-all has acquired a watermark. Actually, a method of embedding digital rights management into MP3 is nearly two years old. But this latest wrinkle is not a thou-shalt-not anti-copying flag. It's more a method of identifying who has been doing what with downloads. A combination of psychoacoustic manipulation and spread-spectrum modulation makes the watermark inaudible to human ears, but it can be picked up by a watermark detector, and can survive both encode/decode processes and analog transmission. According to the Fraunhofer Institute, developer of both MP3 and the new watermark, "watermarking can provide a useful mechanism to track illicit copies or to attach property rights information to the multimedia content." Don't say I didn't warn you.
Mark Fleischmann  |  Oct 23, 2006  | 
Which is more likely to corrupt America's youth: The temptation to steal copyrighted works? Or the temptation to shill for a trade association that fights consumer fair-use rights as fervently as it does overt piracy? Fifty-two thousand Boy Scouts and Cub Scouts in Southern California are about to face that moral dilemma. The Motion Picture Association of America has teamed with their leadership to offer "a curriculum designed to educate kids about copyright protection and change attitudes toward intellectual property theft." There will be five ways to earn the "respect copyrights" patch shown, to include grabbing dad's camcorder to make a public service announcement, or visiting a local studio to see people at work and their local economy in operation. The reward is an activity patch, not a merit badge, and therefore not a requirement for advancement.
Mark Fleischmann  |  Mar 22, 2007  | 
Should the Motion Picture Association of America add a sixth rating? The current set of five includes G, for general audiences: PG, parental guidance suggested; PG-13, parents strongly cautioned; R, restricted; and NC-17, no one 17 and under admitted. Pressure is building to subdivide R into two new ratings, one for fleetingly racy material, and another (already informally known as hard-R) for extremely graphic horror pics. There are precedents for subdivision and name changing. After all, before there were PG and PG-13, there was a single M rating, for mature audiences. And X changed its name to NC-17 when the terms obscene and pornographic became "legal terms for courts to decide," as the MPAA notes in its explanation of ratings (a comic masterpiece of hairsplitting and equivocation). Now pressure is building from parent groups who feel, as Variety explains, that the current R "is too broad, encompassing everything from a few swear words or brief flashes of nudity to repeated scenes of stomach-churning mutilation and disembowelments." Hollywood is listening, but doesn't want to shove hard-R titles into NC-17 because exhibitors shun films in that ultimate category almost completely and Blockbuster won't stock them at all. My suggestion: Rather than complicate the system with a sixth rating, keep the hard-R material within R, and move soft-R material down into a broadened PG-13. The MPAA's rating guide already uses 306 words to describe PG-13 versus a mere 65 words to describe R. I say add another hundred words of fork-tongued bureaucratese to PG-13 and call it a day. (The illustration is facetious, not a serious proposal.)
Mark Fleischmann  |  Dec 06, 2006  | 
Will the pink Zune become the next collector's item? Apparently Microsoft gave 100 of them as gifts to the development team and sent another 100 into the holiday shopping mêlée to titillate consumers. Inevitably, one of the latter has ended up on Ebay. The pink Zune has inspired curiously heated commentary from folks who seem to have, um, issues with the color. Then again, Apple didn't catch hell for the pink iPod nano so maybe the real bias is merely garden-variety anti-Microsoftianism. I think the worst Microsoft can be accused of is me-too-ing. After all, in addition to the pink nano, there are many pink cell phones from LG, Motorola, Nokia, and Samsung. Pink just might be the new black.
Mark Fleischmann  |  May 08, 2009  | 
My favorite LP-hunting story takes place in a Lower Manhattan store sometime in the 1980s. For several years I had been looking for The Compleat Dancing Master, a compilation of English Morris dance tunes charmingly mingled with spoken-word material. The only copy I'd ever seen was an unsealed one and I wanted a virgin sealed copy. So there I was in this record store, when a guy walked in and asked the manager if the very album I was seeking was in stock. The manager said yes and I went into a collector's frenzy. I had one advantage over the competing shopper--I knew what the jacket looked like, with its distinctive graphics against a hunter-green background. I began scanning the tops of the rows of LPs, looking for a slim stripe of hunter green. It took me less than a minute to find my prize, a sealed copy with a price sticker that read $2.49 (a lot less than online prices today). As I took it to the cashier, I made no attempt to lock eyes with my vanquished rival. Actually, I was half triumphant for my accomplishment and half embarrassed for my greed, if the truth be known. But I still remember that day whenever I see that hunter-green spine on my shelves. Perhaps we live in a better world now, a world where shoppers needn't compete for collectibles because downloads can reach vast numbers of people if the artist is lucky. But this item remains hard to find in any form--and downloads are never this much fun.
Mark Fleischmann  |  Feb 17, 2006  | 
To hear the music industry talk, you'd think its sinking profits were entirely the result of little criminals downloading copyrighted material and going hee-hee-hee. A thousand adults beg to differ. Polled by Ipsos on behalf of Rolling Stone and the Associated Press, they attribute record-company woes to: illegal downloads (33 percent), competing forms of entertainment (29 percent), music getting worse (21 percent), and too-costly CDs (13 percent). In other words, fans say two-thirds of the industry's problems stem from market forces. At least three-quarters buy CDs at least occasionally, and the vast majority don't download anything, either legally or illegally. Among those who do download, 80 percent regard illicit peer-to-peer sharing as tantamount to stealing, though only 38 percent care. The most common way of hearing about new music is not the Internet (4 percent) but FM radio (55 percent). Click the external link for full poll results.
Mark Fleischmann  |  Jun 14, 2006  | 
Today MusicGremlin started selling the first player to download without a PC and The Wall Street Journal has got hold of it. (We all can't be Walter Mossberg and Katherine Boehret.) The Gremlin downloads via wi-fi for 99 cents per song. You can also use a PC but it must be a Windows PC. For music sharing, it can even beam music from player to player, as long as both parties subscribe to MusicGremlin Direct for $14.99/month. The WSJ does describe a few DRM limitations: "you can't share certain kinds of songs, including legally obtained MP3 files that you transfer to the Gremlin from your computer." Also, while the player downloads from T-Mobile hotpots, it can't do some forms of PC-enabled wi-fi-ing. The player has a two-inch LCD, 8GB capacity, and sells for $299 from musicgremlin.com.
Mark Fleischmann  |  May 05, 2017  | 
Over the past year or two my concertgoing life has accelerated and intensified. I love music, and I live in a great city with a first-class symphony orchestra and several concert halls, yet until recently I've rarely taken advantage of them. Only lately has the desire to attack my classical bucket list taken hold. I mentioned some of this in a previous blog, but never discussed why. So you may be wondering: Why this, why now?

Mark Fleischmann  |  Nov 15, 2006  | 
Looking for a way to get free music without being attacked by the Recording Industry Antichrist of America? Napster will keep you out of court with its "Free Download of the Day," which began last week. Each day will feature a different track, with initial sponsorship from Intel, which will push its Viiv technology for the next three months. Today's featured artists: Airpushers, with MoZella. The codec is good old DRM-free MP3 and tracks posted to the Napster Free Downloads page—gosh, how I love the sound of that—will remain up for a week. So plan at least one day a week to visit Napster and check out the free goodies. Oh, there's one catch: You'll have to register to get your free downloads and provide an email addresss. But you can opt out of emailings and needn't supply a credit-card number. Napster, for those who were literally born yesterday, was once the nexus of P2P file sharing on the net but has been reborn as a music-industry-sanctioned paid download service.
Mark Fleischmann  |  Apr 12, 2006  | 
Blockbuster's online DVD rentals have attracted a patent-infringement lawsuit from Netflix. At issue are two patents. The first one, granted in 2003, concerns the method of letting users choose and return titles. The second relates to the waiving of late fees, obtaining new discs at no extra charge, and prioritizing want lists. For Netflix, the timing is interesting—that second patent was granted just last week! For Blockbuster, it's disastrous. The company is a billion bucks in the red, spent $300 million to set up Blockbuster Online, and has only one million subscribers, versus four million for Netflix. Compulsive letter writers, here's a hot question for your senators and congressthings: Why is the federal government granting business-methodology patents that squelch competition and raise prices for consumers?
Mark Fleischmann  |  Jan 22, 2007  | 
YouTube's success has nudged Netflix into video streaming. Install the Windows-only software, browse, hit add, and play. Sounds easy, doesn't it? Initial movie and TV titles from several major studios number only 1000, compared to the 70,000 in Netflix's conventional rental inventory. Subscribers with the most common plan get 18 hours of free viewing per month. Those with cheaper/costlier plans will get less/more. The service will roll out over the next six months.
Mark Fleischmann  |  May 31, 2006  | 
Cablevision's digital video recorder has the movie studios and television networks up in arms. ABC, CBS, Fox, NBC, Disney, Paramount, and Universal have sued over the nDVR, or network DVR, claiming copyright infringement. The nDVR stores up to 80 hours of programming on a remote server. Program it to record your favorite stuff in perpetuity and you have, in effect, a limited version of video on demand. Since the disc drive is not in your rack, you can operate it just using an dDVR-enabled cable box. Cablevision says the suit is "without merit." Analysts say the suit was expected, and if Cablevision prevails, cable ops will be able to deploy the dDVR on a larger scale and save big bucks in the process, both for consumers and themselves.
Mark Fleischmann  |  Apr 19, 2006  | 
ABC, CBS, Fox, and NBC are challenging the Federal Communications Commission's "indecency" enforcement in federal court. They state: “We are seeking to overturn the FCC decisions that the broadcast of fleeting, isolated—and in some cases unintentional—words rendered these programs indecent. The FCC overstepped its authority in an attempt to regulate content protected by the First Amendment, acted arbitrarily and failed to provide broadcasters with a clear and consistent standard for determining what content is indecent. Furthermore, the FCC rulings underscore the inherent problem in growing government control over what viewers should and shouldn’t see on television. Parents currently have the ability to control and block programming they deem inappropriate...." The Parents Television Council fired back, calling the suit "utterly shameless." Programs involved include ABC's N.Y.P.D. Blue, CBS's The Early Show, and Fox's telecast of the Billboard Music Awards. Under new-ish chairman Kevin Martin the FCC has recently levied $4 million in new fines and revamped its website to encourage more, uh, public participation.
Mark Fleischmann  |  Mar 27, 2006  | 
Initial Blu-ray and HD DVD titles won't support the managed-copy feature, according to a report from PC World. The interim agreement on content-security features that will allow hardware and software to hit the street this spring won't support the flag that would let users make a legit backup copy, transfer content to a media player, or move it around a home network. This temporary lack of functionality may not be a dealbreaker for early adopters. In fact, managed copy is just a future option that would allow the studios to give users some flexibility. Even when it eventually does become available, that doesn't necessarily mean it'll be used. But I thought you'd like to know.
Mark Fleischmann  |  Feb 23, 2006  | 
At least two German-language DVDs have a DRM-related security flaw reminiscent of the XCP CD rootkits that have recently shaken U.S. consumers. According to Heise Security, Mr. and Mrs. Smith and Edison contain Alpha-DVD, developed by Settec, a Korean company spun off from LG. The rootkit program announces itself in a user agreement. When installed, it redirects DVD-burning functions to itself to prevent illegal copying. However, it also "manages to affect the operation of CD/DVD burning applications with some DVD writers, regardless of whether the copy-protected disc was present or not," says Heise. Settec now offers both an update and an uninstaller. Alpha-DVD is not quite as insidious as the infamous XCP rootkit—it hides from the Task Manager but not from the OS. Even so, it still poses a hazard to consumers. "Our message to software companies producing any software (not just copy protection products) is clear," says Finnish security firm F-Secure, whose rootkit sniffer is pic of the day. "You should always avoid hiding anything from the user, especially the administrator. It rarely serves the needs of the user, and in many cases it's very easy to create a security vulnerability this way."

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