INTERTAINER CEO JONATHAN TAPLIN TESTIFIES BEFORE SENATE JUDICIARY
COMMITTEE HEARING ON DIGITAL PIRACY
Washington D.C. March 14, 2002 - Mr. Chairman, Senator
Hatch, members of the committee, I welcome the opportunity to come
before you this morning to discuss the protection of copyrighted
works in a world of digital media. I have been fortunate enough
in my career to work with many great artists and so I take seriously
the responsibility of making sure that the artist profits from his
efforts. I started out in 1969 after graduating from Princeton as
the tour manager for Bob Dylan and The Band. I produced George Harrison's
Concert For Bangladesh. I've produced films with Martin Scorsese,
Gus Van Sant, Wim Wenders and The Coen Brothers and as an investment
advisor I was involved in the two biggest media transactions of
the 1980's: Disney and Viacom.
The company that I lead today, Intertainer, was started in 1996
with the notion that digital broadband networks would be the conduit
for on demand delivery of the best of American culture into the
home. My vision is to enable Americans to have instant access to
the immense library of film, television and music content that this
country's artists have been producing for decades. The early films
of Charlie Chaplin; the gospel performances of Aretha Franklin;
all the wonderful artistic work that formed my real education was
waiting in dusty vaults to be digitized and experienced by a new
generation. Over the last five years, we at Intertainer have in
fact earned the trust of and licensed content from many of Hollywood's
leading media companies. Today, the Intertainer service features
content from 65 different media companies including major movie
studios such as Warner Bros., DreamWorks and MGM, and television
networks such as NBC, ESPN, The Discovery Channel, PBS, The BBC,
and A&E. In addition, we also feature concerts and music videos
from all of the affiliate labels under the Warner Music Group and
EMI banners. As you know, over the past several years these and
other record companies have experienced indoctrination by fire in
terms of digital piracy. But with Intertainer, Americans who have
sufficient broadband connection speeds can watch recent theatrical
releases, classic films, concerts, television shows and much more
with a completely legitimate, secure service that offers an excellent
user experience, as well as a new revenue stream for content owners.
This unprecedented digital delivery of premiere Hollywood content
would only be possible if the content owners felt that their product
was being rigorously secured and that the end-user was getting a
high quality viewing experience. As you can see from this demonstration
of the service, Intertainer represents the convergence of secure
digital delivery and broadband connectivity to give American consumers
a new way to control and enjoy their entertainment.
This content is all digitally encrypted and protected by a commercially
available digital rights management system that is bundled into
Microsoft's popular Windows Media Player. A similar DRM system built
by Intertrust is offered with another leading digital media player
from Real Networks. It is my belief that these and other DRM systems
that are available and in use today are continually improving their
encryption scheme and that they already provide artists and copyright
holders with a powerful tool to sell their content in a digital
world with a high degree of security. I don't believe that either
Microsoft or Intertrust would argue that the DRM systems are absolutely
uncrackable, but I do know that both organizations have been able
to respond very quickly to attacks and change the encryption, thus
rendering the hack unusable. In addition, my company is continuously
exposed to a steady stream of entrepreneurs showing us new DRM products
in development, which I believe is a strong indication that the
traditional innovation that has come out of the US software industry
will continue to develop more mature digital rights management products.
The genius of the Digital Millennium Copyright Act is that it encourages
this innovation while providing legal protection for the copyright
holders.
I realize that there is considerable discussion going on in Congress
about the need to legislate an open-standards digital rights management
solution, but it is my strong belief that Congressional intervention
is not necessary. As I've outlined, the marketplace is already working
aggressively to meet the need for effective DRM solutions. A government-mandated
solution would take considerable time to develop and implement,
and in the meantime, content owners may seize the opportunity to
withhold content from legitimate services such as mine until the
new standard is adopted. Certain media CEO's will tell you that
unless you mandate a foolproof copy protection system, they will
never put their content on digital broadband networks. I have another
point of view on this. Historically, open standards solutions are
behind the curve in terms of attracting the capital and talent to
keep them bullet proof. Private companies, in the interest of competition
and innovation, are more incented to constantly refine and improve
their products in order to maintain market share. With an open-standards
solution, the inability to formulate a rapid response to inevitable
security breaches is a fatal flaw. The system is working right now.
Premiere Hollywood content is being digitally distributed and secured
right now. A federally mandated open-standards solution would put
a halt to DRM innovations and possibly cripple services like Intertainer.
Mr. Chairman and members of the committee, I would argue that a
standard for digital rights management is not the source of our
digital piracy problems. It is my steadfast belief that the private
sector already has developed DRM solutions that are more than adequate,
and that technology companies will bring DRM innovation to a fever
pitch once a more fundamental, underlying issue is addressed. That
issue is the standardization of the broadband industry. What we
have here is a classic chicken and egg scenario multiplied several
times over: content owners will not allow their content to be legitimately
digitally distributed until the digital rights management issue
is sufficiently addressed; the technology companies in the DRM space
are not maximizing their resources to further innovate because there
is a dearth of legitimate content being made available for digital
distribution over the Internet; digital content, particularly long-form
streaming video content, can only be enjoyed with a high-speed,
broadband Internet connection; consumers need an incentive, such
as compelling content, to switch from their current dial-up modems
to high-speed broadband services offered by DSL and cable modem
providers; consumers who do decide to move up from a 56k modem to
a broadband service are often frustrated because there is no guaranteed
minimum connection speed for broadband subscribers, therefore many
of today's broadband customers can't even take advantage of so-called
broadband services.
To further illustrate this point, imagine picking up your telephone
and not getting a dial tone on random occasions. Imagine still that
you perceived that as normal. That's the experience of today's broadband
Internet user, who has no guaranteed minimum connection speed and
often finds that their high-priced, high-speed service is scarcely
crawling above dial-up. Is this the fulfillment of the broadband
promise? Many broadband providers are out in the marketplace today
advertising the revolutionary benefits consumers will realize with
these fast connections. Benefits such as distance learning, video
conferencing, and access to enormous libraries of entertainment
instantly available with the click of a mouse. But content providers
looking to stonewall digital distribution until they find a way
to become the digital gatekeepers will say that those vast entertainment
libraries accessible via broadband services will never be made available
to the citizens of this country until the digital rights management
issue is addressed. Some studios that licensed to us in the past
using our existing DRM system have indeed withdrawn their licenses
in the last year and created a classic supply demand squeeze. My
contention is that the DRM issue is being addressed; it's the distribution
network for this wealth of digital content that needs attention.
The fact that less than 6% of the optical fiber that was laid down
in the tech boom of the last four years is in use should concern
not only investors in Cisco, Nortel and Lucent, but also educators,
medical professionals and every artist interested in reaching an
audience with a film, a song or a game. With the right regulatory
guidance we could offer interactive DVD quality video on demand
service to most every home and classroom in the country by the end
of 2003. This service could retrain workers in their homes, provide
inexpensive video conferencing, allow doctors to have access to
specialists for consultation and provide an open platform for the
filmmakers and musicians of the country to reach their audience
without having to pay most of their income to gatekeepers.
To achieve this transformation the FCC would simply have to mandate
a truth in advertising policy in regards to broadband. Today if
you buy broadband service from your local telephone company, cable
company or ISP you are offered "up to 1.5 MBPS". You are
not told what the minimum level of service is. Broadband providers
are "oversubscribing" their networks in order to maximize
profits on broadband service. But to deliver advanced video services
a minimum of 750 KBPS is required to the home for VHS video quality.
For DVD quality a minimum of 1 MBPS is required.
I have to confess that I have a great deal of optimism for what
a world of on demand media might look like. A few years ago, Bruce
Springsteen wrote a song that typifies many Americans' view of television
"57 Channels and Nothing On". Going forward our country
has a choice of two visions of what our media culture might look
like. One might be 500 channels (owned by 6 corporations) and nothing
on. The other might allow consumers easy on-demand access to a world
of unique artistry of such power and grace as would melt the heart.
I believe that the same innovative spirit that allowed me to show
you "Shrek" running over a telephone line this morning
will continue to improve the current protection of all forms of
digital intellectual property. While I believe that Congress can
play a major role in moving us towards the world of digital abundance,
trying to set a national encryption policy is surely not the way
to get there.