Google selleth then taketh away, proving the need for DRM circumvention

It's not often that Google kills off one of its services, especially one which was announced with much fanfare at a big mainstream event like CES 2006. Yet Google Video's commercial aspirations have indeed been terminated: the company has announced that it will no longer be selling video content on the site. The news isn't all that surprising, given that Google's commercial video efforts were launched in rather poor shape and never managed to take off. The service seemed to only make the news when embarrassing things happened.
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Yet now Google Video has given us a gift—a "proof of concept" in the form of yet another argument against DRM—and an argument for more reasonable laws governing copyright controls. How could Google's failure be our gain? Simple. By picking up its marbles and going home, Google just demonstrated how completely bizarre and anti-consumer DRM technology can be. Most importantly, by pulling the plug on the service, Google proved why consumers have to be allowed to circumvent copy controls.
A consolation prize

Google contacted customers late last week to tell them that the video store was closing. The e-mail declared, "In an effort to improve all Google services, we will no longer offer the ability to buy or rent videos for download from Google Video, ending the DTO/DTR (download-to-own/rent) program. This change will be effective August 15, 2007."

The message also announced that Google Checkout would issue credits in an amount equal to what those customers had spent at the Google Video store. Why the quasi-refunds? The kicker: "After August 15, 2007, you will no longer be able to view your purchased or rented videos."

See, after Google takes its video store down, its Internet-based DRM system will no longer function. This means that customers who have built video collections with Google Video offerings will find that their purchases no longer work. This is one of the major flaws in any DRM system based on secrets and centralized authorities: when these DRM data warehouses shut down, the DRM stops working, and consumers are left with useless junk.

Furthermore, Google is not refunding the total cost of the videos. To take advantage of the credit Google is offering, you have to spend more money, and furthermore, you have to spend it with a merchant that supports Google Checkout. Meanwhile, the purchases you made are now worthless. To do it right, Google should either provide users with non-DRMed copies of the videos they bought, or they should refund the money entirely. The current option is hardly acceptable, however. Would you buy a TV, a car, a book, or anything if the guy who sold it to you could take it back at any moment so long as he offered you a coupon?

Did you buy Kobe Bryant's 81-point game to commemorate that bit of NBA history? Enjoy staring at an unplayable file come Wednesday. But hey, at least you get $2 back to go buy underwear!
Copyright Office, here we come

Since the death of the commercial part of Google Video will render thousands and thousands of purchases useless, the Library of Congress will have no choice but to consider the matter when they return to their triennial review of the DMCA. To date, the Library of Congress has granted exceptions to the anti-circumvention clause of the DMCA in instances where DRM has rendered something completely unusable, such as eBook DRM which can render eBooks useless for handicapped people. Recent exceptions from the last review are detailed here. Of note: the right to bypass DRM on products that no longer work properly was considered but rejected last time around.

Now, thanks to Google, we have a case study, a real-world example we can point to and say: "Hey, this isn't right." It features one of the world's most innovative and financially powerful technology companies bagging out on users. It features thousands of consumers buying DRMed goods in earnest, and it ends with a bang; Google decides to exit the market, leaving consumers with a load of useless goods.

Needless to say, this could happen with any player. Google could float its store if it wanted to, but it is exiting the business. What happens when Amazon does the same? Or Apple, or the next guy?

If this isn't further proof that parts of the DMCA should be gutted, at the very least it is a strong sign that the Library of Congress needs to address this issue. Congress should be thinking about this brave new world of "unproperty" where you're charged good money to "buy" products that, in reality, you're only renting until AverageCorp gets bored of the business.