The movie The Cave is becoming my benchmark for what’s wrong with buying DVDs online. It’s an example of a subpar movie that is being peddled around the net for too much money. I’ve seen this movie selling for close to $30 that was available at Best Buy for $9.99. Note the Cinemax motto in the screenshot below:

Sorry, Cinemax, your idea of the future doesn’t even work with the Firefox browser.

The future of DVD burning buying has already been here and has been happening without Hollywood’s consent. Although we currently own 459 DVDs — and I only know this number because we keep an inventory of them using Delicious Library, BTW — I have never burned an archive copy of one of them. Whether or not it’s legal to do that these days, I’m not sure. There once was the ability afforded in copyright to make archival copies and I believe we’re still provided that (?) but I’m not sure any more with all the legal activity surrounding illegal internet distribution. Any readers know the legalities on this? I would sure like to think that the $10,000-$15,000 worth of DVDs we own can be copied so we can continue to own them well into the future if the source gets scratched/ruined. Or will they meet the same obsolescence of laserdiscs and VHS? If so, maybe we should stop buying/collecting and prepare the eBay listing now to reap the maximum return? Or will they become more valuable once they are obseleted?

Permanent ownership clause with transfer rights
For me the most attractive buy for digital media and paying more than a physical copy today would be digital media with a permanent ownership clause and including transfer rights meaning we could will our collection to our children or give them away / sell them to others. Why isn’t anybody selling me this digital media deal online? That would be the future of DVD burning (think I’ll leave this one) because the primary legitimate reason to burn DVDs is for archival storage. But take a minute and read the Terms of Service of these online media sites, they are severely restrictive. All of them.

Instead we are getting a more expensive, handcuffed “up to 3 computers and burn to one DVD” movie offer that doesn’t have cover art and packaging and special features/extras. This isn’t worth more money — $19.99+ for any single title movies out there (TV sets, perhaps yes) — especially movies like The Cave. Some online database could be maintained at the point of sale and that authorization of ownership could be given/sold/transferred to another person. This way when we want to give up or sell our right to Titanic which we legally purchased, we can transfer to somebody else, just as we would do with a physical item via eBay. An entire online marketplace could revolve around trading these digital licenses. DRM hasn’t worked like this, though. It’s been an abject failure in emulating physical property.

Unfortunately, I’m not aware of anybody that legally allows such provisions. This is why our family still buys mostly physical media. You can count the number of DRM-laden music tracks our family has purchased on one hand. Physical media has value that can easily be claimed on insurance in case of fire or theft. Value that can be bartered, sold or donated to charity.

Yesterday’s iTunes to rent movies rumor drew similar complaints about pricing but I didn’t mention how it has gotten really old buying the same media on different formats and the solution I see which is offering consumers this digital permanent ownership clause with transfer rights. Hollywood and the record companies keep wanting us to support DRM-encumbered formats for more money and wonder why we are protesting the trend.

Hollywood wants us to buy Miracle on 34th Street on VHS, Laserdisc, DVD, HD-DVD, Blu-Ray, and the next format. An online permanent ownership with transfer clause like I’m suggesting threatens another half dozen or more format purchase over my lifetime. At least that’s one perception, even if it’s not reality. If they offer something cool that I can’t get with my existing version of the movie, I might buy the newer format version anyway.

Until this changes, the future of DVD burning buying isn’t here yet. They are still living in The Cave.

10:34am PST Doh! I used “burning” instead of “buying” like the Cinemanow webpage says. This goes with my million dollar calculation error in the last post. Argh. Hope this bug-ridden Wednesday doesn’t continue! (and here I used “article” instead of webpage” — what a day)

• Did you buy less DVDs/videos in 2006 than 2005?
• Amazon Unboxed gets into crowded ring handcuffed and is sucker punched by Hollywood pricing
• Not into downloading The Cave for $25.99 vs $9.99
• Guba lowers prices on downloadable movies, the iron is getting hotter
• RUMOR: iTunes to announce movie rental plan at WWDC, says Think Secret
• Taking a look at DRM-free online movie service EZTakes