Managing Digital Rights DRM and beyond Lamoureux, MM 450 April 15, 2008

How broad shall we be? Although Claire wrote: “One response to this has been the rise of technological protection measures (TPM), so-called Digital Rights Management technologies. Digital Rights Management, or DRM, is a technology that enforces a restriction on the use of content after it passes into the hands of the user.” I'd just as soon not limit DRM to "after it passes into the hands of the user" because in the future we are going to see many such efforts that don't allow material to get that far and still act to manage digital rights. So in a formal sense, we’ll be discussing TPM

Who's rights are we managing? Generally, the technology works to protect the various IP rights of the legal rights owner. The technology generally does not work to protect the rights surrounding the use of the IP by the customer. This is a serious drawback and matter of great contention. Another area in which there is a serious lack of “user (centric) law.”

Places/ways to exert control: back to Benkler via Lessig the physical layer (your cd/dvd will not engage at all with/in certain devices; in order to get the "last mile" in a fiber system, we might go to wireless relays that could control access; log on technologies of many sorts) the code layer (encryption issues; proprietary platform issues; net neutrality issues) the content layer ("traditional" DRM speed bumps, watermarks, flags, etc.) –(Material in parens here are examples, not exhaustive lists) Remember that these restrictions are “extra-legal”... that is, they work with/under/behind the law. The controls themselves are seldom legislated though sometimes aspects of their implementations are. So these are broad control systems concerning which users have virtually no representation (other than “market factors”).

Strength of control/applied to what functions? strong: –everything you have to the single use we allow. (dvd) moderate: –everything you have to multiple uses we allow. (downloaded music) –only some aspects of the thing you have, to single uses. (downloaded movies, free watching, no copying/transfer) weak: –not everything you have and only in some uses. (version file conversions; free play music over networks, etc.)

And in this corner:

Pro if you don't lock it up, they'll steal it –And of course, given the global nature of the markets and the internet, these tend to become somewhat “place indiscriminate” controls as content holders have to worry about both domestic and foreign markets.

Con locking it up is often an excessive intrusion on user rights. –And globally, the nature and extent of those rights vary wildly.

Pro what rights? We think users have way fewer rights than they think they do.

Con Don't blame users for the lack of user law and don't limit their fair use, first sale (and other) rights. –Not to mention their creativity.

Counter punch to the con DRM is strongly supported by the DMCA (and a range of international treaty agreements) and further extension of it is hotly pursued by big media AND big software. –CSS (and other schemes) lock DVDs –Universal City Studios, Inc. v. Reimerdes, 2001 (DeCSS case) –321 Studios shut their doors, 2004 (DVD ripping business) –audio CDs can be protected (sort of)

Counter punch to the pro No widely distributed DRM scheme has yet actually defeated determined users (esp. when they live abroad) –-DeCSS (and other such schemes) unlock them –rootkit fiasco-- CDs are not now protected The plethora of copy devices and schemes is virtually endless –DVD rip studio, etc.

Pro Loads of folks zero in here with the need for the lock down, ways to do it, and money to be made by providing it. "Windows Media Digital Rights Management (DRM) is a proven platform to protect and securely deliver content for playback on computers, portable devices, and network devices. The latest version offers increased flexibility to support a wide range of business models that provide consumers even greater access to protected audio and video content." pros/drm/default.mspx Digital rights Management Standards News from DMR watch Lots of clients: RIAA, MPAA, FCC, gov., software folks

Con Loads of folks are "agin it" Creative Commons EFF ALA

Some of the important categories of issues at risk

Downloaded Music pro: –fairplay, WMA, PlaysForSure, services (ruckus, napster 2.0) con: –napster 1.0, grokster, limewire and a zillion others

Digital TV pay for services restrictions broadcast flag restrictions interoperability restrictions

“The analog hole” Get your mind up on the curb and out of the gutter! Initially a TV issue, but actually has applicability to all media. Blocking analog to digital conversion interoperability.

Conversions to Digital Again, all media are implicated here as “if it's digital, it can be (potentially) controlled,” “maybe.” In effect, this is one of the “scariest” features of IP law and new media, and it’s not actually law. Along with the digital divide, DRM is one of the features that has the potential to slow the information revolution considerably while at the same time, limiting its real value to everyday citizens.