Wired recently ran a piece by David Kravets about the less-than-total obliteration of DRM. In the article, he speaks of the demise of restrictive software, and the benefits that have come with the slow but steady decline of digital copy protection. Yet he also finds that record companies have simultaneously dropped overt limitations and developed an affinity for the “watermark,” a piece of unique code that allows anyone (Sony, Warner, to name a couple) with the right tools to determine which individual among hundreds or thousands of mostly anonymous people purchased one or more downloads.
The question Kravets raises has to do with both the potential for undesired information filtration and privacy issues. He sees the fact that purchase information, when embedded in a song file (which can then be traced at the whim of the RIAA and/or IFPI), is something of a pre-emptive invasion of one’s identity. Considering how little time it took for various bits of DRM to be subverted, it’s not entirely out of the realm of reason to think watermarks – which can easily bear sensitive information – could be cracked just as quickly, and not at the pleasure of original downloader.
Now, if I’m honest here, I imagine that watermarking won’t drive consumers to beat down the doors of their nearest ACLU or EFF offices demanding an end to the practice. Juxtaposed against out-and-out DRM software blocks, it’s likely to be something to occupy the back burner for most folks. That said, the digital watermark is something that has not yet been brought openly to the attention of those it might concern (everyone who buys music downloads). And for that, it shouldn’t legally be attached to any file transferred from iTunes, Amazon, or any other online music service.
In order for record companies to perform these tiny embeds “fairly,” they need to receive the explicit consent of consumers. Which they have not sought. Rather, it’s another one of those clauses proverbially laid out in ultra-fine print that just so happens to automatically become enacted following the confirmation of a purchase. And that ain’t okay with me.