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Digital Rights Management - July 17, 2007

Presented at Ohio Library Council’s Digital Declassified workshop.

What is Digital Rights Management?

  • From Wikipedia
    • any of several technologies used by publishers (or copyright owners)
    • control access to and usage of digital data (such as software, music, movies) and hardware
    • handling usage restrictions associated with a specific instance of a digital work
  • Focus on artistic works or content
    • e.g. ebooks, music, video

How Does DRM Control Content?

  • Requires a key or activation
  • Encryption (e.g. DVDs with CSS)
  • Self-destruct mechanisms (time limits)
  • Disables features
  • Forces features or content
  • Restricts how hardware is used
  • Ties content to hardware or software

Why DRM Use is Increasing

  • The move from analog to digital content
    • Analog copies lose quality
    • Digital copies are perfect
    • Digital copies are easy/fast to make
    • Analog players are still popular
  • Physical media formats are dying
    • People getting content online, on demand
    • Downloadable content from iTunes, etc.
  • Peer-to-peer (P2P) networks
    • Makes sharing content (too?) easy
    • Difficult to shut down

Why DRM is not the Perfect Solution

Who are Proponents of DRM?

Who are Opponents of DRM?

The Good

  • Gives content creators some control
    • Distribution and replication
  • Lets creators and publishers feel safe
    • More likely to make digital content available
    • Higher-quality content
  • Helps preserve the ability to generate revenue
  • May promote new ways of distributing content
    • Download 1 song vs. entire album
    • Download movies on demand

The Bad

  • Requires DRM enabled hardware or software
    • No backward compatibility
    • Potential device lock-in
  • Difficult to use
  • Terms of use may be modified at any time
  • Potential accessibility issues
  • Anti-competitive issues
    • Loop hole in DMCA
    • Printer ink, garage door openers

The Bad - Copyright Issues

  • EULA: End User License Agreement
  • DRM or EULA can trump copyright
  • Limits or prevents fair use
  • Limits or prevents first-sale rights
    • Resale of copyrighted works
  • DRM stays when works enter public domain
  • DRM is often controlled by the publisher
    • Not the copyright holder

The Ugly

  • 2000: Adobe Systems - Alice in Wonderland
    • Restrictions included no Read Aloud
  • 2003: Intuit’s flawed product activation
  • 2004: Apple iTunes reduces 10 CD burns to 7
  • 2005: Sony BMG XCP rootkit on 50 CD titles
  • 2006: MS Windows Genuine Advantage
    • Added restrictions released as critical update
  • 200?: Electronic voting?
    • Whistle blowers violate DMCA

DRM Issues for Libraries

  • Electronic journals can have DRM
  • Downloading or copying is not borrowing
  • Backups or archiving may be impossible
  • Donations to libraries may be impossible
  • Watermarking may not be feasible
  • ALA’s DRM: A Guide for Librarians
  • Appoint a DRM librarian to stay updated
  • Explain and simplify the process

Recent Trends

  • Some are experimenting with DRM-free music
    • EMI’s non-DRM sales have been brisk
    • Apple expects half of iTunes catalog to be DRM-free by end of 2007
    • Amazon is joining the game
  • People are willing to pay more for DRM-free
  • Watermarking becoming an alternative
  • New ebook appliances → new DRM
  • Windows Vista → new DRM

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