In which we find ourselves in an ethical quandry

BMG has released the eagerly anticipated — at least by me — Velvet Revolver CD with some goofball DRM on it which purports to prevent ripping to MP3. Instead, the CD has a CD-ROM area on it with some Windows Media format files on it, for use on computers and some portable devices.

Leaving behind for a moment how wholly wrongheaded DRM schemes are — see the other post, on Cory Doctorow’s speach, for more on this — the Windows files are useless to me and to anyone else who uses the most popular digital audio player, Apple’s iPod, which doesn’t play Microsoft’s format (big surprise).

The other point is even weirder: the DRM scheme in question (Sunncomm’s) is hopelessly broken. Much was made of it a few months back, especially when it surfaced that you could circumvent their “copy protection” by holding down the shift key at the right moment. Of course, doing so for any reason is technically illegal under the DMCA, even if your goal — say, putting the Velvet Revolver tracks on your iPod — is completely within the realm of fair use. (That’s what DRM is really about: limiting your choices as a consumer. No DRM yet exists, or can exist, that will stop truly motivated pirates — by this, I mean folks who seek to make money from the counterfeited goods; remember, if the content owners had had their way in the early days of the VCR, it would have been dead on arrival.)

So here’s the issue: I’m steadfastly opposed to any such DRM. I agree with Cory; I think it’s wrong and stupid, and it treats your customers like thieves. Do I stand on principle and refuse to buy the CD for this reason, or do I buy it and rip it anyway, since I know the DRM in place is a paper tiger?

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