Digital RightsDigital Rights

Presented by Olena GoroshkoPresented by Olena Goroshko

NTU “KhPI”NTU “KhPI”

Topics under Review:Topics under Review:

The Internet and CopyrightThe Internet and CopyrightHow the Law Applies to the How the Law Applies to the InternetInternet;;

Surfing the NetSurfing the Net;; Downloading on the NetDownloading on the Net;; Using Educational Materials from Using Educational Materials from

or on the Internet without or on the Internet without PermissionPermission;;

File SharingFile Sharing..

Main Objectives:Main Objectives:

After completing the module you should be After completing the module you should be able to:able to:

Explain what digital rights mean;Explain what digital rights mean; Explain the differences and similarities Explain the differences and similarities

between digital rights and copyrights;between digital rights and copyrights; List the benefits of digital rights List the benefits of digital rights

protection to:protection to:1.1. The owner of protection;The owner of protection;2.2. The consumer of protection;The consumer of protection;3.3. Economy.Economy.

The History of the InternetThe History of the Internet

It is clear that the Internet is one of It is clear that the Internet is one of the most fashionable areas of the most fashionable areas of computing. It is effecting all subjects computing. It is effecting all subjects in Higher Education, not only altering in Higher Education, not only altering teaching opportunities because of its teaching opportunities because of its new perspectives on communication new perspectives on communication and dissemination, but also opening and dissemination, but also opening up exciting new resources for up exciting new resources for students and lecturers alike.students and lecturers alike.

The History of the NetThe History of the Net

After the launch of the Soviet satellite After the launch of the Soviet satellite Sputnik in 1957, the US established the Sputnik in 1957, the US established the Advanced Research Projects Agency to Advanced Research Projects Agency to investigate ways of increasing the investigate ways of increasing the military's use of digital communications . military's use of digital communications . Although this was a Defence department Although this was a Defence department agency it soon saw the need to bring in agency it soon saw the need to bring in the major US research Universities. In the major US research Universities. In 1969, a four node network (UCLA, Stanford 1969, a four node network (UCLA, Stanford Research Institute, UC Santa Barbara, and Research Institute, UC Santa Barbara, and the University of Utah) was established the University of Utah) was established running under a 50kbps circuit. running under a 50kbps circuit.

The History of the NetThe History of the Net

In Gromov In Gromov book book The Roads and The Roads and Crossroads of the Internet's History Crossroads of the Internet's History there are details of one of the first there are details of one of the first Internet communications. Internet communications. Maintaining communication via the Maintaining communication via the telephone, the message LOGWIN was telephone, the message LOGWIN was typed in on one terminal in the hope typed in on one terminal in the hope that it would appear on the screen at that it would appear on the screen at the remote node. The following the remote node. The following conversation is recorded:conversation is recorded:

Gregory Gromov's Gregory Gromov's The Roads and Crossroads of the Internet's The Roads and Crossroads of the Internet's HistoryHistory

'We typed an L into our computer and we 'We typed an L into our computer and we

asked on the phone 'Do you see the L?'asked on the phone 'Do you see the L?' 'Yes we see the L' came the response''Yes we see the L' came the response' 'We typed the O' and we asked 'Do you 'We typed the O' and we asked 'Do you

see the O?'see the O?' 'Yes we see the O''Yes we see the O' 'Then we typed a G, and the system 'Then we typed a G, and the system

crashed.'crashed.'

The History of the NetThe History of the Net

The network soon expanded to 15 nodes The network soon expanded to 15 nodes and in 1973 there was the first cross-Atlantic and in 1973 there was the first cross-Atlantic links to England and Norway. 1981 saw the links to England and Norway. 1981 saw the advent of BITNET ('Because It's Time advent of BITNET ('Because It's Time Network') organised by the City University of Network') organised by the City University of New York with an initial connection to Yale. New York with an initial connection to Yale. This network provided accessible electronic This network provided accessible electronic mail and listserv servers. In 1984 mail and listserv servers. In 1984 JANETJANET (the (the UK's Joint Academic Network) was UK's Joint Academic Network) was established, linking Higher Education established, linking Higher Education institutions throughout the country, and institutions throughout the country, and allowing access to the global Internet.allowing access to the global Internet.

History of the NetHistory of the Net

1992 saw the beginning of the World-Wide 1992 saw the beginning of the World-Wide Web (although in truth it had been developed Web (although in truth it had been developed at at CERNCERN some years previous, after an initial some years previous, after an initial proposal by Tim Berners-Lee ). The success of proposal by Tim Berners-Lee ). The success of the Web was assured with the Web was assured with NCSANCSA's release of 's release of its free browser its free browser MosaicMosaic in 1993, allowing a in 1993, allowing a user-friendly way of graphically accessing the user-friendly way of graphically accessing the many Internet resources that were available. many Internet resources that were available. To give some idea of the growth of the To give some idea of the growth of the Internet the 4-node network of 1967 grew to Internet the 4-node network of 1967 grew to 28,174 nodes in 1987 and reached 3,212,000 28,174 nodes in 1987 and reached 3,212,000 in 1994. It is now measured at approaching in 1994. It is now measured at approaching 5656 million millionss..

What does the Internet means:What does the Internet means: What exactly is the Internet? The Internet What exactly is the Internet? The Internet

stands for 'inter-networking', i.e. when two or stands for 'inter-networking', i.e. when two or more computers are inter-networked more computers are inter-networked allowing for communication between them. It allowing for communication between them. It is now taken to relate to the global network is now taken to relate to the global network that allows you to send a message to a that allows you to send a message to a machine elsewhere on the network, in this machine elsewhere on the network, in this case a global one, or to look at information case a global one, or to look at information on a remote machine. There is no Internet as on a remote machine. There is no Internet as such. It is made up a series of Wider Area such. It is made up a series of Wider Area Networks (e.g. Networks (e.g. JANETJANET) talking to each other, ) talking to each other, which in turn are made up of Local Area which in turn are made up of Local Area Networks (e.g. the network for an individual Networks (e.g. the network for an individual University), i.e. networks within networks.University), i.e. networks within networks.

The Internet and CopyrightThe Internet and Copyright

Internet technology is developing faster Internet technology is developing faster than the laws that govern it. New laws that than the laws that govern it. New laws that apply to the Internet have been apply to the Internet have been established either by legislation or the established either by legislation or the courts; copyright laws are among them. A courts; copyright laws are among them. A common myth about the Internet is that common myth about the Internet is that anything posted online can be copied or anything posted online can be copied or downloaded. In truth, anything you see on downloaded. In truth, anything you see on the Internet has the same potential of the Internet has the same potential of being protected by copyright as anything being protected by copyright as anything you see in the library or bookstore.you see in the library or bookstore.

How the Law Applies to the InternetHow the Law Applies to the Internet

Under modern copyright law, the Under modern copyright law, the formalities of registration and formalities of registration and copyright notice are no longer copyright notice are no longer required. As long as material satisfies required. As long as material satisfies three elements, copyright protects three elements, copyright protects the work automaticallythe work automatically..

Surfing the NetSurfing the Net

It is helpful to understand how the copyright It is helpful to understand how the copyright statute works to see clearly that the law statute works to see clearly that the law applies to the Internet. The copyright statute applies to the Internet. The copyright statute is triggered by the unauthorized act of is triggered by the unauthorized act of copying, publishing, performing (by digital copying, publishing, performing (by digital means or otherwise), displaying in public, or means or otherwise), displaying in public, or revising (make derivatives) any copyright revising (make derivatives) any copyright protected materials. Your PC automatically protected materials. Your PC automatically makes copies when you surf the Internet in makes copies when you surf the Internet in various ways. There is a good essay about various ways. There is a good essay about this process by this process by Ronald B. StandlerRonald B. Standler. He . He explains that copies are made at least four explains that copies are made at least four different ways when accessing the Internet. different ways when accessing the Internet. One way copies are made is by simply One way copies are made is by simply viewing a page on the Internet. viewing a page on the Internet.

Surfing the NetSurfing the Net

This causes a copy of that page to be made and This causes a copy of that page to be made and stored in the Random Access Memory (RAM) of stored in the Random Access Memory (RAM) of your PC. Browsers also make copies so you can your PC. Browsers also make copies so you can return to a site faster. This is technically sufficient return to a site faster. This is technically sufficient to trigger the copyright statute. Does this mean to trigger the copyright statute. Does this mean that everyone who merely surfs the Internet is that everyone who merely surfs the Internet is liable for copyright infringement and risks being liable for copyright infringement and risks being sued? No, because of Implied Consent.sued? No, because of Implied Consent. Legal Legal scholars argue that that anyone who posts scholars argue that that anyone who posts content on the Internet expects people to visit content on the Internet expects people to visit their site. They know that visitors’ PCs will make their site. They know that visitors’ PCs will make copies in the process, and the Web site host copies in the process, and the Web site host grants visitors an implied license or permission to grants visitors an implied license or permission to make those copies.make those copies.

Downloading on the NetDownloading on the Net

Downloading content from any Web page Downloading content from any Web page is the equivalent to making a copy of the is the equivalent to making a copy of the content, the same as making copies of a content, the same as making copies of a book in the library. It makes sense to book in the library. It makes sense to presume that by doing so you will infringe presume that by doing so you will infringe the copyright of the author of that content. the copyright of the author of that content. To comply with copyright law, you must To comply with copyright law, you must receive permission from the copyright receive permission from the copyright holder before you download any content. holder before you download any content. The exception to this is The exception to this is Fair UseFair Use. As in . As in copying printed material such as books in copying printed material such as books in the library, you will not need permission if the library, you will not need permission if you qualify for you qualify for Fair UseFair Use. .

Downloading on the NetDownloading on the Net

The complexity and uncertainty of a Fair The complexity and uncertainty of a Fair Use analysis make it both risky and Use analysis make it both risky and cumbersome to apply to small projects cumbersome to apply to small projects involving borrowing Internet materials. involving borrowing Internet materials. Some Web sites expressly give permission Some Web sites expressly give permission to download content. For the most part, if to download content. For the most part, if they tell you that you can download from they tell you that you can download from their site, you can. That is, if they hold the their site, you can. That is, if they hold the copyright to the content you want to use.copyright to the content you want to use.

Using Educational Materials from or on Using Educational Materials from or on

the Internet without Permissionthe Internet without Permission In education, there are many Internet In education, there are many Internet

materials that could be used as teaching aids materials that could be used as teaching aids for a class or for an application in research. for a class or for an application in research. But it is not always possible or economically But it is not always possible or economically feasible to get or pay for permission. If you feasible to get or pay for permission. If you qualify for using materials without permission qualify for using materials without permission under under the TEACH Actthe TEACH Act, then you also can use , then you also can use online materials in a face-to-face classroom online materials in a face-to-face classroom setting. If you are concerned about using setting. If you are concerned about using TEACH proceduresTEACH procedures—as are many —as are many universities—there is always Fair Use. Most of universities—there is always Fair Use. Most of the Fair Use factors that apply to printed the Fair Use factors that apply to printed media also apply to the Internet, with the media also apply to the Internet, with the exception of posting materials on the exception of posting materials on the Internet. Internet.

Using Educational Materials from or on Using Educational Materials from or on the Internet without Permissionthe Internet without Permission

This will, in most instances, disqualify you from Fair This will, in most instances, disqualify you from Fair Use by itself. You must get permission to post Use by itself. You must get permission to post other people’s work on the World Wide Web. other people’s work on the World Wide Web. Posting anything on the World Wide Web is the Posting anything on the World Wide Web is the same as publishing or distributing it worldwide, same as publishing or distributing it worldwide, and publishing and distributing is the most revered and publishing and distributing is the most revered of the exclusive rights of copyright holders. Why of the exclusive rights of copyright holders. Why would anyone buy a book at a store if you could would anyone buy a book at a store if you could simply download it from a Web site? The best way simply download it from a Web site? The best way to qualify for Fair Use when you want to post other to qualify for Fair Use when you want to post other people’s work online is to use a password-people’s work online is to use a password-protected Web site where only the students protected Web site where only the students enrolled in a class may view the copy. You should enrolled in a class may view the copy. You should also take technological steps to prevent students also take technological steps to prevent students from copying the materials, such as using a from copying the materials, such as using a streaming process. streaming process.

File SharingFile Sharing

Presently, the most flagrant copyright-Presently, the most flagrant copyright-infringing activity on the Internet is infringing activity on the Internet is sharing music, movies, or software. The sharing music, movies, or software. The music and movie industries are music and movie industries are aggressively pursuing those who are aggressively pursuing those who are downloading music or movies in file downloading music or movies in file sharing forums such as peer-to-peer (P2P) sharing forums such as peer-to-peer (P2P) networks. Thousands of lawsuits have networks. Thousands of lawsuits have been filed in the United States and many been filed in the United States and many other countries in the world. other countries in the world. See See Downloading or Sharing Movies, Downloading or Sharing Movies, Songs, or Software Online. Also see Songs, or Software Online. Also see World File Sharing War. World File Sharing War.

File SharingFile Sharing

Students who use the University’s Internet service to Students who use the University’s Internet service to download or upload music, movies, or other download or upload music, movies, or other unauthorized materials face consequences including unauthorized materials face consequences including being sued by the being sued by the university authorities university authorities and losing a and losing a lawsuit that costs you thousands of dollars, being lawsuit that costs you thousands of dollars, being charged with criminal violations, or serving prison charged with criminal violations, or serving prison time. When copyright infringement, through file time. When copyright infringement, through file sharing or otherwise, occurs on the University sharing or otherwise, occurs on the University Internet service, Internet service, UniversityUniversity is also vicariously liable is also vicariously liable for copyright infringement. It is in violation of the for copyright infringement. It is in violation of the Electronic PublishingElectronic Publishing and and Appropriate Use Appropriate Use PolicyPolicy to download or upload materials from the to download or upload materials from the Internet without permission. Any one on campus Internet without permission. Any one on campus who is discovered engaging in this activity is who is discovered engaging in this activity is required to take a class in copyright law and may required to take a class in copyright law and may lose their Internet service.lose their Internet service.

SummarySummary

The same laws and penalties that apply to The same laws and penalties that apply to making illegal copies in the library or any making illegal copies in the library or any where else apply to the Internet. When where else apply to the Internet. When using the University Internet service on using the University Internet service on campus, it should be remembered that campus, it should be remembered that any one who infringes the copyrights of any one who infringes the copyrights of others not only violates federal law, others not only violates federal law, incurring significant civil and criminal incurring significant civil and criminal liability, but also violates the University’s liability, but also violates the University’s Electronic Publishing and Appropriate Use Electronic Publishing and Appropriate Use Policy. Policy.

Web ResourcesWeb Resources wwwwww..fplcfplc..eduedu//tfieldtfield//copynetcopynet..htmhtm wwwwww..gseisgseis..uclaucla..eduedu//iclpiclp/dmca1.htm/dmca1.htm www.gseis.ucla.edu/iclp/dmca1.htmwww.gseis.ucla.edu/iclp/dmca1.htm wwwwww.internet-law-.internet-law-librarylibrary..comcom// www.arl.org/info/frn/copy/osp.htmlwww.arl.org/info/frn/copy/osp.html wwwwww..usdojusdoj..govgov//criminalcriminal//cybercrimecybercrime//iplawsiplaws..htmhtm wwwwww..edwardsamuelsedwardsamuels..comcom//illustratedstoryillustratedstory

/isc5.htm/isc5.htm wwwwww..utsystemutsystem..eduedu//ogcogc//intellectualpropertyintellectualproperty//

useofnetuseofnet..htmhtm wwwwww..isocisoc..orgorg//internetinternet//lawlaw/intsubs2.shtml/intsubs2.shtml wwwwww..iplipl..orgorg//divdiv//pfpf//entryentry/4851/4851

Digital Rights ManagementDigital Rights Management

Introduction:Introduction: DRM vendors and publishers coined the DRM vendors and publishers coined the

term term digital rights managementdigital rights management to refer to refer to the types of technical measures to the types of technical measures discussed here, applying it only to discussed here, applying it only to digitaldigital mediamedia (and analog media that has been (and analog media that has been released in digital form). There is a long released in digital form). There is a long history of objection on the part of history of objection on the part of copyright holders (often music distributors copyright holders (often music distributors or broadcasting companies) to copying or broadcasting companies) to copying technology of any kind. Examples have technology of any kind. Examples have included player piano rolls (early in the included player piano rolls (early in the 20th century), audio tape recording (after 20th century), audio tape recording (after WWII), video tape recording (eg, in the WWII), video tape recording (eg, in the famous famous BetamaxBetamax case in the US), etc. case in the US), etc.

IntroductionIntroduction

Digital copying raised concerns to a higher pitch. Digital copying raised concerns to a higher pitch. While While analoganalog media loses quality with each copy media loses quality with each copy generation, and often even during normal use, generation, and often even during normal use, digital media files may be copied an unlimited digital media files may be copied an unlimited number of times without degradation in the number of times without degradation in the quality of subsequent copies. quality of subsequent copies. Digital Audio TapeDigital Audio Tape, , thought by many observers of the time to be a thought by many observers of the time to be a probable replacement / improvement for the probable replacement / improvement for the audio cassette, was a market failure in part due audio cassette, was a market failure in part due to opposition on grounds of the potential for to opposition on grounds of the potential for piracy. The advent of personal computers, piracy. The advent of personal computers, combined with the Internet and popular file combined with the Internet and popular file sharing tools, have made unauthorized sharing of sharing tools, have made unauthorized sharing of digital files (often referred to as digital piracy) digital files (often referred to as digital piracy) possible and profitable.possible and profitable.

Although technical controls on the reproduction and use of Although technical controls on the reproduction and use of software have been intermittently common since software have been intermittently common since the 1980s, the term the 1980s, the term DRMDRM has come to primarily has come to primarily mean the use of similar measures to control mean the use of similar measures to control artisticartistic works or content. Beyond the existing works or content. Beyond the existing restrictions imposed by restrictions imposed by copyrightcopyright lawlaw, most DRM , most DRM schemes are able to enforce additional schemes are able to enforce additional restrictions at the discretion of the content's restrictions at the discretion of the content's publisher, which may or may not be the same publisher, which may or may not be the same entity as the copyright holder.entity as the copyright holder.

DRM may be enforced by numerous technologies, DRM may be enforced by numerous technologies, such as specialsuch as special

modifications to digital media player software. Since such modifications to digital media player software. Since such implementations can be reverse engineered, they are not effective implementations can be reverse engineered, they are not effective as an inherent part of the design. This fact has resulted in a as an inherent part of the design. This fact has resulted in a general move toward Mandatory Access Control systems (as general move toward Mandatory Access Control systems (as opposed to Discretionary access control) wherein usage opposed to Discretionary access control) wherein usage restrictions are enforced by software buried in hardware, working restrictions are enforced by software buried in hardware, working with software provisions in operating systems, media playing with software provisions in operating systems, media playing software, or both. However, some implementations of this type of software, or both. However, some implementations of this type of DRM are vulnerable to an additional class of attacks, due to a DRM are vulnerable to an additional class of attacks, due to a requirement to run on tamper-resistant hardware. There has been requirement to run on tamper-resistant hardware. There has been pressure (largely successful) for legislation and regulation creating pressure (largely successful) for legislation and regulation creating new offenses (ie, controlling or prohibiting examination of DRM new offenses (ie, controlling or prohibiting examination of DRM schemes, or possession of any tools (eg, software) which might schemes, or possession of any tools (eg, software) which might interfere with the operation of a DRM scheme.) An example is the interfere with the operation of a DRM scheme.) An example is the DMCA.DMCA.

While digital rights management is most commonly used by the While digital rights management is most commonly used by the entertainment industry (films and recording), it has found use in entertainment industry (films and recording), it has found use in other media as well. Many online music stores, such as Apple’s other media as well. Many online music stores, such as Apple’s iTunes Store, as well as certain e-books producers, have adopted iTunes Store, as well as certain e-books producers, have adopted various DRM schemes in recent times. In recent years, a number various DRM schemes in recent times. In recent years, a number of television producers have begun demanding implementation of of television producers have begun demanding implementation of DRM measures to control access to the content of their shows in DRM measures to control access to the content of their shows in connection with the popular TiVo system, and its equivalents.[4]connection with the popular TiVo system, and its equivalents.[4]

Content Scrambling SystemContent Scrambling System

An early example of a DRM system is the An early example of a DRM system is the ContentContent ScramblingScrambling SystemSystem (CSS) employed by the (CSS) employed by the DVD DVD ForumForum on movie on movie DVDsDVDs since circa 1996. The since circa 1996. The scheme used a simple encryption algorithm, and scheme used a simple encryption algorithm, and required device manufacturers to sign a license required device manufacturers to sign a license agreement restricting the inclusion of certain agreement restricting the inclusion of certain features in their players, such as a digital output features in their players, such as a digital output which could be used to extract a high-quality which could be used to extract a high-quality digital copy of the movie. Thus, the only digital copy of the movie. Thus, the only consumer hardware capable of decoding DVD consumer hardware capable of decoding DVD movies was controlled by the DVD Forum, movies was controlled by the DVD Forum, restricting the unauthorized use of DVD media restricting the unauthorized use of DVD media until the release of until the release of DeCSSDeCSS by by JonJon LechLech JohansenJohansen in 1999. An unsuccessful variant of this scheme is in 1999. An unsuccessful variant of this scheme is the now-defunct the now-defunct DIVXDIVX format. format.

Legal enforcement of DRMLegal enforcement of DRM

Digital Rights Management holds an uncertain legal status Digital Rights Management holds an uncertain legal status in most countries, as the rights of users and producers in most countries, as the rights of users and producers regarding content are rarely defined clearly enough regarding content are rarely defined clearly enough currently for the legal situation to be widely agreed upon. In currently for the legal situation to be widely agreed upon. In most countries, particularly those without a most countries, particularly those without a fairfair useuse doctrinedoctrine, users' ability to use copyrighted material is ill-, users' ability to use copyrighted material is ill-defined and so difficult to enforce.defined and so difficult to enforce.

The 2001 The 2001 EuropeanEuropean directivedirective onon copyrightcopyright forces member forces member states of the states of the EuropeanEuropean UnionUnion to implement legal to implement legal protections for DRM. protections for DRM. InIn 2006 2006, the lower house of the French , the lower house of the French parliament adopted such legislation as part of the parliament adopted such legislation as part of the controversial controversial DADVSIDADVSI law, but added that protected DRM law, but added that protected DRM techniques should be made interoperable, a move which techniques should be made interoperable, a move which caused widespread controversy in the United States.caused widespread controversy in the United States.

Digital Millennium Copyright ActDigital Millennium Copyright Act

The The DigitalDigital MillenniumMillennium CopyrightCopyright ActAct (DMCA) is a (DMCA) is a UnitedUnited StatesStates copyrightcopyright lawlaw passed passed unanimously on unanimously on MayMay 14 14, , 19981998, that criminalizes the production and dissemination of , that criminalizes the production and dissemination of technology that allows users to circumvent copyright protection methods, rendering technology that allows users to circumvent copyright protection methods, rendering all forms of DRM-stripping and circumvention software illegal. On all forms of DRM-stripping and circumvention software illegal. On 22 22 MayMay 20012001, the , the EuropeanEuropean UnionUnion passed the passed the EU EU CopyrightCopyright DirectiveDirective, an implementation of the , an implementation of the 19961996 WIPO WIPO CopyrightCopyright TreatyTreaty that addressed many of the same issues as the DMCA. that addressed many of the same issues as the DMCA.

The DMCA was largely ineffective in enforcing DRM systems, as software allowing The DMCA was largely ineffective in enforcing DRM systems, as software allowing users to circumvent copyright restrictions remains readily available over the users to circumvent copyright restrictions remains readily available over the InternetInternet. . However, the Act has been used to restrict the spread of such software by limiting its However, the Act has been used to restrict the spread of such software by limiting its distribution and development, as in the case of distribution and development, as in the case of DeCSSDeCSS..

The arrest of Russian programmer The arrest of Russian programmer DmitryDmitry SklyarovSklyarov in 2001, for alleged infringement in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use in preventing the of the DMCA, was a highly publicized example of the law's use in preventing the further development of anti-DRM measures. While working for further development of anti-DRM measures. While working for ElcomsoftElcomsoft in Russia, he in Russia, he developed developed The Advanced eBook ProcessorThe Advanced eBook Processor, an application that allowed authorized , an application that allowed authorized users to strip usage restriction information from protected users to strip usage restriction information from protected e-e-booksbooks, an activity legal , an activity legal in both Russia and the United States. Paradoxically under the DMCA it is not legal in in both Russia and the United States. Paradoxically under the DMCA it is not legal in the United States to provide such a tool. Sklyarov was arrested in the United States the United States to provide such a tool. Sklyarov was arrested in the United States after presenting a speech at after presenting a speech at DEF CONDEF CON and subsequently spent several months in jail. and subsequently spent several months in jail. The DMCA has also been cited as detrimental to legitimate users, such as students of The DMCA has also been cited as detrimental to legitimate users, such as students of cryptanalysiscryptanalysis, and security professionals such as , and security professionals such as Niels FergusonNiels Ferguson, who declined to , who declined to publish information about vulnerabilities he discovered in an publish information about vulnerabilities he discovered in an IntelIntel-secured computing -secured computing scheme because of his concern about being arrested under the DMCA when he scheme because of his concern about being arrested under the DMCA when he travels to the US.travels to the US.

Other copyright implications Other copyright implications While DRM systems are ostensibly designed to protect an owner's right to control copying, after a statutorily-defined While DRM systems are ostensibly designed to protect an owner's right to control copying, after a statutorily-defined

period of time any copyrighted work becomes part of the period of time any copyrighted work becomes part of the publicpublic domaindomain for anyone to use freely. DRM systems currently for anyone to use freely. DRM systems currently employed are not time limited in this way, and although it would be possible to create such a system (under compulsory employed are not time limited in this way, and although it would be possible to create such a system (under compulsory escrowescrow agreements, for example), there is currently no mechanism to remove the copy control systems embedded into agreements, for example), there is currently no mechanism to remove the copy control systems embedded into works once the copyright term expires and they enter the public domain.works once the copyright term expires and they enter the public domain.

Furthermore, copyright law does not restrict the resale of copyrighted works (provided those copies were made by or Furthermore, copyright law does not restrict the resale of copyrighted works (provided those copies were made by or with the permission of the copyright holder), so it is perfectly legal to resell a copyrighted work provided a copy is not with the permission of the copyright holder), so it is perfectly legal to resell a copyrighted work provided a copy is not retained by the seller—a doctrine known as the retained by the seller—a doctrine known as the first-first-salesale doctrinedoctrine in the US, which applies equally in most other in the US, which applies equally in most other countries under various names. Similarly, some forms of copying are permitted under copyright law, under the doctrine countries under various names. Similarly, some forms of copying are permitted under copyright law, under the doctrine of of fairfair useuse (US) or (US) or fairfair dealingdealing (many other countries). DRM technology restricts or prevents the purchaser of copyrighted (many other countries). DRM technology restricts or prevents the purchaser of copyrighted material from exercising their legal rights in these respects.material from exercising their legal rights in these respects.

Moreover, the scope of legal rights cannot, in principle, be fully encoded in technical access/copying restrictions. For Moreover, the scope of legal rights cannot, in principle, be fully encoded in technical access/copying restrictions. For example, a photograph generally falls under the copyright of its photographer, and may not be reproduced in an example, a photograph generally falls under the copyright of its photographer, and may not be reproduced in an unlimited way by other persons. A photographer wishing to enforce her copyright might attach some DRM codes to a unlimited way by other persons. A photographer wishing to enforce her copyright might attach some DRM codes to a digital version of her photograph that indicate "may not be copied." However, the photographer might subsequently digital version of her photograph that indicate "may not be copied." However, the photographer might subsequently sign an agreement with another party authorizing such duplication (the reason for doing so is irrelevant). Under law, the sign an agreement with another party authorizing such duplication (the reason for doing so is irrelevant). Under law, the moment such an agreement is signed, copying (under the new terms) becomes legal; but the DRM software will not (has moment such an agreement is signed, copying (under the new terms) becomes legal; but the DRM software will not (has not so far, in any case) be adjustable to reflect the new legal reality established by those whose choice it is.not so far, in any case) be adjustable to reflect the new legal reality established by those whose choice it is.

An oft-cited example of DRM overreach is An oft-cited example of DRM overreach is AdobeAdobe SystemsSystems'' release in 2000 of a public domain work, release in 2000 of a public domain work, LewisLewis CarrollCarroll's 's Alice Alice in Wonderlandin Wonderland, with DRM controls asserting that "this book cannot be read aloud" and so disabling use of the text-to-, with DRM controls asserting that "this book cannot be read aloud" and so disabling use of the text-to-speech feature normally available in Adobe's eBook Reader.speech feature normally available in Adobe's eBook Reader.

DRM has been used by organizations such as the DRM has been used by organizations such as the BritishBritish LibraryLibrary in its in its securesecure electronicelectronic deliverydelivery serviceservice to permit to permit worldwide access to substantial numbers of rare (and in many cases unique) documents which, for legal reasons, were worldwide access to substantial numbers of rare (and in many cases unique) documents which, for legal reasons, were previously only available to authorized individuals actually visiting the Library's document centre at Boston Spa in previously only available to authorized individuals actually visiting the Library's document centre at Boston Spa in England. This is an interesting case, one in which DRM has actually increased public access to restricted material rather England. This is an interesting case, one in which DRM has actually increased public access to restricted material rather than diminished it.than diminished it.

An early example of a DRM scheme is one that is currently being used on textbooks required in some American Dental An early example of a DRM scheme is one that is currently being used on textbooks required in some American Dental Schools including Schools including NewNew YorkYork UniversityUniversity CollegeCollege ofof DentistryDentistry. The textbooks are available only on DVD and students are . The textbooks are available only on DVD and students are forced to purchase the DVD. The DVDs are readable only on an authorized computer and only for a limited time, after forced to purchase the DVD. The DVDs are readable only on an authorized computer and only for a limited time, after which the DVD "expires" and the information in the "DVD book" becomes unavailable. Some of these books are not which the DVD "expires" and the information in the "DVD book" becomes unavailable. Some of these books are not available on paper at all.available on paper at all.[5][5]

DRM advocates DRM advocates Some DRM advocates have taken the position that the operational contexts Some DRM advocates have taken the position that the operational contexts

and design goals of DRM, security, software engineering and cryptography and design goals of DRM, security, software engineering and cryptography are sufficiently well understood that it is already possible to achieve the are sufficiently well understood that it is already possible to achieve the desired ends without causing unrelated problems for users or their desired ends without causing unrelated problems for users or their computers.[computers.[citationcitation  neededneeded]]

Others have taken the position that creators of digital works should have Others have taken the position that creators of digital works should have the power to control the distribution or replication of copies of their works, the power to control the distribution or replication of copies of their works, and to assign limited control over such copies. Without this power, they and to assign limited control over such copies. Without this power, they argue, there will be a chilling effect on creative efforts in the digital space. argue, there will be a chilling effect on creative efforts in the digital space. This has been and remains the underlying argument for copyright. DRM is This has been and remains the underlying argument for copyright. DRM is one means by which creators of digital works may obtain this power.one means by which creators of digital works may obtain this power.

A similar view states that DRM's advent is the first time large-scale A similar view states that DRM's advent is the first time large-scale digitaldigital distributiondistribution has been reasonably achievable, which proponents claim to be has been reasonably achievable, which proponents claim to be a benefit both to content creators and their customers that far outweighs a benefit both to content creators and their customers that far outweighs the typical problems that arise. This argument cannot be applied to the typical problems that arise. This argument cannot be applied to physical media, however.physical media, however.

Furthermore, advocates of DRM believe that its opponents advocate the Furthermore, advocates of DRM believe that its opponents advocate the rights of hardware and media owners, but at the expense of the privileges rights of hardware and media owners, but at the expense of the privileges of artists and their designated copyright holders. Consumers of hardware of artists and their designated copyright holders. Consumers of hardware and media voluntarily and knowingly agree to the grant of limited use of and media voluntarily and knowingly agree to the grant of limited use of the content exhibited using their physical media.the content exhibited using their physical media.

DRM opponents DRM opponents Many organizations, prominent individuals, and computer scientists are opposed to DRM. Two notable DRM critics are Many organizations, prominent individuals, and computer scientists are opposed to DRM. Two notable DRM critics are

JohnJohn WalkerWalker, in his article , in his article The The DigitalDigital imprimaturimprimatur: How big brother and big media can put the Internet genie back in the : How big brother and big media can put the Internet genie back in the bottlebottle[6][6], and , and RichardRichard StallmanStallman in his article/story in his article/story TheThe RightRight toto ReadRead and in public statements " and in public statements "DRM is an example of a DRM is an example of a malicious feature - a feature designed to hurt the user of the software, and therefore, it's something for which there can malicious feature - a feature designed to hurt the user of the software, and therefore, it's something for which there can never be tolerationnever be toleration".".[7][7] Professor Professor RossRoss AndersonAnderson of Cambridge University heads a British organization which opposes of Cambridge University heads a British organization which opposes DRM and similar efforts in the UK.DRM and similar efforts in the UK.

The The ElectronicElectronic FrontierFrontier FoundationFoundation and similar and similar civilcivil rightsrights organizations, including organizations, including httphttp://boycott-://boycott-riaariaa..comcom// and and httphttp://://wwwwww..ihatedrmihatedrm..comcom//, also hold positions which are characterized as opposed to DRM., also hold positions which are characterized as opposed to DRM.

The The FoundationFoundation forfor a a FreeFree InformationInformation InfrastructureInfrastructure criticizes DRM's impact as a criticizes DRM's impact as a tradetrade barrierbarrier from a from a freefree marketmarket perspective.perspective.

The The GNU GNU GeneralGeneral PublicPublic LicenseLicense version 3, released by the version 3, released by the FreeFree SoftwareSoftware FoundationFoundation, prohibits using DRM to restrict free , prohibits using DRM to restrict free redistribution and modification of works covered by the license, and has a clause stating that the license's provisions redistribution and modification of works covered by the license, and has a clause stating that the license's provisions shall be interpreted as disfavoring usage of DRM. Also, in May 2006, FSF launched a "shall be interpreted as disfavoring usage of DRM. Also, in May 2006, FSF launched a "DefectiveDefective byby DesignDesign" campaign " campaign against DRM.against DRM.

Free Creations has published a license against DRM: Free Creations has published a license against DRM: AgainstAgainst DRM 2.0 DRM 2.0.. In France, in order to inform the consumers about DRM, the citizen group In France, in order to inform the consumers about DRM, the citizen group StopDRMStopDRM is regularly organizing protests in is regularly organizing protests in

general stores (like Virgin or La Fnac) in different cities.general stores (like Virgin or La Fnac) in different cities. As already noted, many DRM opponents consider As already noted, many DRM opponents consider Digital Rights ManagementDigital Rights Management to be a misnomer. They argue that DRM to be a misnomer. They argue that DRM

manages rights (or access) the same way prison manages freedom. A common alternative is manages rights (or access) the same way prison manages freedom. A common alternative is Digital Restrictions Digital Restrictions ManagementManagement. Alternatively, ZDNet Executive Editor David Berlind suggests the term . Alternatively, ZDNet Executive Editor David Berlind suggests the term Content Restriction, Annulment and Content Restriction, Annulment and ProtectionProtection or or CRAPCRAP for short. for short.[8][8]

The use of DRM may also be a barrier to future historians, since technologies designed to permit data to be read only on The use of DRM may also be a barrier to future historians, since technologies designed to permit data to be read only on particular machines may well make future data recovery impossible - see particular machines may well make future data recovery impossible - see DigitalDigital RevolutionRevolution. This argument connects the . This argument connects the issue of DRM with that of asset management and archive technology.issue of DRM with that of asset management and archive technology.

DRM opponents argue that the presence of DRM infringes DRM opponents argue that the presence of DRM infringes privateprivate propertyproperty rights and restricts a range of normal user rights and restricts a range of normal user activities. A DRM component would take control over the rest of the user's device which they rightfully own (such as an activities. A DRM component would take control over the rest of the user's device which they rightfully own (such as an MP3 MP3 playerplayer) and restricts how it may act, regardless of the user's wishes (for example, preventing the user from copying ) and restricts how it may act, regardless of the user's wishes (for example, preventing the user from copying a song). All forms of DRM depend on the DRM enabled device (eg, computer, DVD player, TV, ...) imposing restrictions a song). All forms of DRM depend on the DRM enabled device (eg, computer, DVD player, TV, ...) imposing restrictions that cannot be disabled or modified by the user, regardless of existing rights. In other words, the user has no choice.that cannot be disabled or modified by the user, regardless of existing rights. In other words, the user has no choice.

Tools have been created to strip Windows Media of DRM restrictions. An example being Tools have been created to strip Windows Media of DRM restrictions. An example being FairUse4WMFairUse4WM

References on References on DigitalDigital RightsRights ManagementManagement

^̂ Christopher Levy ( Christopher Levy (FebruaryFebruary 3 3, , 20032003). ). MakingMaking MoneyMoney withwith StreamingStreaming MediaMedia. . streamingmedia.com. Retrieved on streamingmedia.com. Retrieved on 20062006--08-2808-28. .

^̂ DigitalDigital RestrictionsRestrictions ManagementManagement andand TreacherousTreacherous ComputingComputing. Retrieved on . Retrieved on 20062006--08-0408-04. .

^̂ FairPlayFairPlay: : AnotherAnother AnticompetitiveAnticompetitive UseUse ofof DRM DRM. Retrieved on . Retrieved on 20062006--08-0108-01. . ^̂ Bangeman, Eric (2006-10-28). Bangeman, Eric (2006-10-28). TiVoTiVo tightenstightens thethe DRM DRM visevise. Retrieved on . Retrieved on 20062006--

08-1108-11. . ^̂ Fleisher, Lisa (April 2002). Fleisher, Lisa (April 2002). DVD DVD textstexts makemake lukewarmlukewarm debutdebut atat NYU NYU. Washington . Washington

Square News. Square News. ^̂ Walker, John (September 13, 2003). Walker, John (September 13, 2003). TheThe DigitalDigital ImprimaturImprimatur: : HowHow bigbig brotherbrother

andand bigbig mediamedia cancan putput thethe InternetInternet geniegenie backback inin thethe bottlebottle... . ^̂ O'Riordan, Ciaran (January 16 2006). O'Riordan, Ciaran (January 16 2006). TranscriptTranscript ofof OpeningOpening sessionsession ofof firstfirst

internationalinternational GPLv3 GPLv3 conferenceconference. . ^̂ A A lotlot ofof CRAP CRAP. Retrieved on . Retrieved on 20062006--09-0709-07. . ^̂ EngadgetEngadget FairUse4WM FairUse4WM stripsstrips WindowsWindows MediaMedia DRM! DRM!. Retrieved on . Retrieved on 20062006--08-2508-25. . ^̂ OverDrive (December 16, 2003). OverDrive (December 16, 2003). TopTop LibrariesLibraries SelectSelect OverDriveOverDrive eBookeBook SystemSystem. . ^̂ OnlineOnline PolicyPolicy GroupGroup v. v. DieboldDiebold, , IncInc... Electronic Frontier Foundation. . Electronic Frontier Foundation. ^̂ Felten, Ed (March 8, 2006). Felten, Ed (March 8, 2006). RIAA RIAA SaysSays FutureFuture DRM DRM MightMight “ “ThreatenThreaten CriticalCritical

InfrastructureInfrastructure andand PotentiallyPotentially EndangerEndanger LivesLives””. . ^̂ TheThe MuseumMuseum ofof JustJust NotNot GettingGetting ItIt. .

Thank You for Your Attention!Thank You for Your Attention!