TITLE FIGHT

Content Protection in the DVD Age

by Larry Boden & Philip Merrill

Summary: As things stand today, criminal copyright violations cannot be completely prevented. Old boxing wisdom encapsulates the best advice: "Use the jab." Traditional thinking has held that illegal copying must be hit hard and repeatedly wherever a vulnerable spot appears. The purse for the DVD bout between producers and pirates, similar to designer and consumer goods such as Pierre Cardin, Rolex, and Nike, is billions of dollars. The fight is on and will be a worthy main event indeed.

§1 - In This Corner...The Challenger

Counterfeits are judged to account for up to 8% of goods and services worldwide. The corresponding loss of trade is estimated as high as $200 billion (source: IACC). In a real sense, counterfeiting can be called an industry all to itself. Intellectual property is particularly vulnerable to illegal copying because the cost of creation far exceeds the cost of manufacture.

§2 - A Shining Disc Ups The Stakes

While compact disc formats are a dream for manufacturers, their criminal manufacture has more-than-nightmarish potential. The international market can be flooded with hundreds of thousands of illicit copies of a single title just days after the counterfeiters lay their hands on the digital data.

§3 - LAW - Rules Are Only The Beginning

While property laws (including intellectual property such as copyrights, patents and trademarks) are one of the underpinnings of Western society, they are violated routinely. Unless rights holders maintain a strong public position in favor of intellectual property rights, better laws will not be created and existing laws will continue to be violated beyond the ability of courts to administer restraints. False hopes for consumer legislation are a particular danger in the high technology arena.

§4 - ENFORCEMENT - Agencies In The Champ's Camp

Despite the commonly-held viewpoint that enforcement is the "best weapon" against piracy, the sad truth is that these agencies are caught in a perpetual game of "catch-up" with the bad guys. But in illicit optical discs especially, the growth of the piracy trade is expected to increase far faster than the best efforts of enforcement agencies to control it.

§5 - TECHNOLOGY+ - Head-Shots & Winning Combinations

There is no technological way to make illegal copying impossible. The ONLY effective deterrent to content counterfeiting is to remove the economic incentives on a title by title basis, with due diligence in every available area: laws, enforcement, technology, etc.

§6 - Holding On To The Title

Collective action is the answer, not collective cowardice or complacency. Crime has to be forcefully discouraged and security precautions must be put in place.

Additional Material

Reference §A - Counterfeiting Through The Ages
Ref. §B - Additional IACC Statistics
Ref. §C - On Precise Use Of Terms
Ref. §D - CD & DVD Specifications
Ref. §E - Additional Agency Statistics
Footnotes
About The Authors
Resources & Other Information

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written April 1996 -- please send comments to veyr@primenet.com

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