Xlog

Today we (my family) received a 3-disc special edition of Disney’s Wall*E, which includes two Blu-ray discs and a DVD with a digital copy of the movie in iTunes and Windows Media formats.  I was particularly excited to have the digital copy which can be transferred to a personal computer or iPhone for playback.  I popped the DVD in my MacBook Pro and was immediately greeted by a Disney application called Wall*E, which “activates” the digital copy before transferring to ITunes or Windows Media.  Oh no, DRM rears its ugly head.

In the Blu-ray case, Disney includes a leaflet with an activation code.  As I read the information contained on this leaflet, I was drawn to the fine print at the bottom.  Reading carefully, I learned the activation code expires one year from the date of release of the Blu-ray, so you must transfer your digital copy to a computer withing one year of release of the Blu-ray movie or you are out of luck. I wonder how many people will take the time to read the fine print?  I imagine there will be some very disappointed consumers who neglect to activate their digital copies in time.  What about the people that buy Wall*E after November 18, 2009?

My next thought was whether the activation code was single-use or multiple-use.  I thought, I better do some more research and understand all of the DRM rules before I transfer this movie to my laptop.  Fortunately, Disney includes links to online help which help explain the DRM rules which apply to the digital copy.  After, ignoring the Flash based demos of how to transfer the movie to my computer, I found a link with more information, including this FAQ.

Turns out, this is a one-time activation code.  This means, you can transfer the file to one and only one computer–EVER!  I don’t think my family, with multiple computers is out of the norm, so which one?   My laptop?  My wife’s? The kids iMac?  If I transfer it to my laptop, I can watch it when I travel, transfer it to my iPhone and iPod, but what about my kids?  What about their iPods?  They won’t be able to enjoy this movie without sync’ing to my iTunes library and erasing their content and playlists.  So, I could install it on the family iMac, but then I won’t have a copy when I travel.  So far, neither options seems like a good solution.

And herein lies two of the major problems with DRM.  First, confusing usage rights and second, incoveniencing the very customers who purchase legitimate copies of content.  I will include a portion of the Disney FAQ.

Can I use my code more than once? No, you are permitted to use your unique code only once.

How many times can I transfer my DisneyFile Digital Copy? For the Windows Media version you can only transfer your DisneyFile Digital Copy to your computer once. After you transfer the movie to your computer, you can then transfer the movie to your compatible portable device. For the iTunes version, standard iTunes usage rules apply.

What types of portable devices will my DisneyFile Digital Copy be compatible with? For the Windows Media format, portable devices must be Windows Media PlaysForSure compatible or Certified for Windows Vista compatible. For the iTunes format, portable devices must be an iTunes video-enabled iPod, iPhone or Apple TV.

What happens if I delete my DisneyFile Digital Copy from my portable device? Is it possible to transfer it again? For the Windows Media format: Yes, as long as you did not delete the Windows Media file from your computer. For the iTunes format: Standard iTunes usage rules apply.

I followed the on-screen instructions and the movie did not transfer. What do I do? Please call 1-800-723-4763 (US)/1-888-877-2843 (Canada) for technical assistance and/or customer service.

I live outside the United States and Canada. Can I transfer the DisneyFile Digital Copy? No, at this time, the DisneyFile Digital Copy is accessible only in the United States and Canada (excluding Quebec).

Does the unique code for the DisneyFile Digital Copy expire? Yes, the unique code expires 12 months from the initial release of the DVD or Blu-ray disc. The unique code for The Nightmare Before Christmas will expire on August 26th, 2009.

Can I give my DisneyFile Digital Copy to someone else? No, your movie is non-transferable and is tied directly to your computer and will not play if transferred to other computers.

How much space does the DisneyFile Digital Copy use on my hard drive? DisneyFile Digital Copies take up to approximately 2 Gigabytes of free hard drive space. This number can vary and it is best to check the minimum requirements on the packaging.

If I delete my DisneyFile Digital Copy from my computer, can I transfer it again later? For the Windows Media format: No. When you transfer your DisneyFile Digital Copy, to your computer you use your unique code. Codes can only be used once. Therefore if you delete your movie from your computer and attempt a second transfer, the unique code will not work. Disney strongly recommends backing up files to avoid losing your DisneyFile Digital Copy. For the iTunes format: Standard iTunes usage rules apply.

If I cannot connect to the internet, can I still transfer my DisneyFile Digital Copy to my computer? No, in order for the DisneyFile Digital Copy code to be verified, you must be connected to the internet. However, you only need to be connected when you first transfer the movie to your computer, not each time you watch your DisneyFile Digital Copy.

Do I need the DisneyFile Digital Copy disc every time I want to watch the movie? No, once the transfer is complete you no longer need your DisneyFile Digital Copy disc and can enjoy your movie whenever you like.

How many times can I watch my DisneyFile Digital Copy? You may watch your movie as much as you like, there is no limit to the number of plays.

How many computers/portable devices can I transfer my movie to? If you select Windows Media format, you can transfer your movie to one computer and one Windows Media compatible portable device as set forth in the end user license agreement (Terms & Conditions). If you select iTunes format, standard iTunes usage rules apply.

Part of this dilemma could be resolved with a home media server with lots of storage, but I still wouldn’t be able to transfer the movie to my laptop or iPhone for playback when I am on the road.  But it does not alleviate the fact that DRM is restricting the legitimate use of content I purchased.

Two simple ideas to allow fair use

Two simple ideas to alleviate the DRM restrictions and allow fair use.  First, link the activation code to an iTunes account and allow multiple uses by that account.  Second, allow families to “aggregate” iTunes accounts under a master account.

Link activation code to iTunes account

By linking the activation code to an iTunes account, content owners could be assured that the same consumer is using the activation code and it is not being passed around the Internet.  Because Apple requires a legitimate address and each iTunes user must provide a credit card, the risk of fraud is greatly reduced.  If the content owner becomes aware of fraud, they could appeal to Apple to investigate and if fraud has occurred, the iTunes account could be deactivated–rendering the content disabled.

iTunes master account

Aggregation of iTunes accounts under a master account structure (think .Mac and MobileMe Family plans), is an idea that makes sense for a number of reasons including alleviating the restrictions of DRM.  By aggregating accounts, content I purchase on iTunes could be synchronized by family members under the same account.  This includes the digital copy of Wall*E and other Blu-ray digital copies.  Account aggregation allows us to use the digital copy in the exact same way we use the physical copy (Blu-ray disc).

This post started as yet another rant against DRM. However, since most content owners haven’t seen a DRM scheme they don’t like, I don’t believe DRM is going away anytime soon.  So, what do you think?  Would my two proposals make DRM more palatable?

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