(Just a few weeks back, I wrote an article on Copy Control Technology (CCT) here on my Web Site. However, in those few weeks, I've received quite a bit of new information/insights so I thought I might update what I originally wrote)
"Copy-Controlled- See Reverse For Details"
By now, you may be aware of those six words appearing on the fronts of some discs, like Radiohead's "Hail To The Thief". A rarity originally in Canada, Copy-Control Technology (CCT) is becoming more widespread particularly on the label using CCT, England Music International (EMI). This is after albums from Dierks Bentley (self-titled) and Jane's Addiction (Strays) received the treatment, even though both are primarily American releases (which used to avoid protection here in Canada). For those of you unaware of CCT, it is designed (supposedly) to prevent computer programs like Windows Media Player from being able to read- and thus copy or "rip"- the disc, but CCT has been known to not function- and even damage- some players. For example, Mac users have to avoid it completely since CCT discs don't come out of their CD-ROM drive without a technician's help.
Now, I can completely understand why EMI would introduce such a measure, and that is combating piracy. In theory, CCT would stop the widespread "cloning" (record label terms) of discs and stop piracy in its tracks. In practice, CCT is a colossal failure, as pirates have already cracked the code leaving poor customers with discs that just give them problems. In fact, since playability is such a problem, one of the co-creators of the CD, Phillips, won't allow CCT discs to carry the "compact disc" logo (although Bentley's disc does carry the "CD" logo even though it probably shouldn't).
Think all of this is irrelevant? Think again. According to Canadian law, we have the right to make private copies of copyrighted works (like, for example, for personal playlists (which is what I do)), thus giving CCT questionable legality. EMI says that they can introduce it because of the Digital Millennium Copyright Act (DMCA) that prohibits CCT circumvention, but the DMCA is an American law and doesn't hold any juristiction up here. Also, a man in Brazil successfully sued EMI and Sony for fraudulently selling CCT discs as "CD's" after his CCT disc wouldn't play in his car stereo.
However, the biggest problem with CCT deals with what it is supposed to protect- the artists themselves. Before, people could enjoy whatever artist they wanted to because every label put out the same physical product- the CD. Now, several may be forced to bypass certain artists and/or even find another favourite artist because the label the artist is signed to isn't putting out a product they can have a chance to enjoy. That's not fair to the artist, whose only crime is being on the wrong label at the wrong time (since artists generally don't own their recordings). Should Bentley, for example, whose liner notes and Web Site are filled with his statements of bewilderment that his dreams are finally realized have to face the reality that it could all go up in smoke because EMI prevents potential fans from a chance at enjoying his work? No. He put in lots of hard work to share what he's created, and it's only fair to him that everyone gets a chance to hear it. Not to mention that his creations are what finance EMI in the first place, so preventing people from having the chance to decide to support him really defies logic.
So what should be done? First of all, ALL the labels have to agree on a format- either EVERY disc possible has CCT or it doesn't. People should only be picking favourite artists because they like them, not because only their discs work. Second of all, the labels should end their battle with file-trading and embrace it wholeheartedly- file-sharing gives artists incalculable exposure, one greater than any magazine or radio could provide. There's even ways to make it legal, as pointed out by the Electronic Frontier Foundation (eff.org), so there's really no excuse from the labels here. Finally, labels should listen to their customers and find ways to accommodate them instead of hassling them- only the pirates should be angry with anti-piracy measures, not the law-abiding customers. There's good news on this front with EMI announcing that as soon as they can they'll have a CCT with "pre-ripped" files for personal use, and with Microsoft announcing that its next Media Player will be able to rip CD's into non-transferable files. For now, though, the situation is simply unacceptable, and unless the labels shape up, they won't have any customers to keep them in existence.
-DG