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It’s time to get DRM right

Jun 16, 2010 by Erik Almqvist in the theme Converged media regulation – it’s time to act

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Digital Rights Management (DRM) has evolved as a means to protect the interests of content owners and aggregators to stop (or at least reduce) piracy. However, today’s DRM systems do not sufficiently incorporate the needs of end users and other key stakeholder groups along the digital media distribution value chain.

DRM needs to better balance a complex set of needs, including content rights protection, privacy, ease of use, interoperability, low cost, private use exemption rights as well as antitrust and competition concerns. Legislators and policy makers need to revise current copyright statutes and directives to balance the needs and requirements of all interest groups throughout the value chain.

One way of achieving this is to define requirements of DRM systems to be compliant with a set of principles:
  • DRM systems should be effective in protecting the rights holders’ interests (existing barrier principle in ex. Infosoc Directive)
  • DRM systems should be applied on works and materials that are protected by copyright statute
  • DRM systems should be business-model neutral (for example, to be flexible and support a variety of business models and hence offer a variety of choice for the end user)
  • DRM systems should be technology neutral and allow end users to move legal content between devices and media-service providers
  • DRM systems should be built on an interoperable set of proprietary standards or consist of DRM technologies that are based on open industry-wide standards, to avoid limitation of competition along the value chain (for example, locking consumers and stakeholders into specific technology platforms and media-service providers)
  • DRM systems should not be limiting individuals’ statutory right to make legal private copies (for example, fair-use doctrine or private-use exemption)
  • DRM systems should include privacy statements and an explicit consent process, allowing end users to more readily control the possible exploitation of their private information.

The industry also needs a new generation of DRM systems to better balance the interests of end users and other stakeholders including content owners and aggregators, system and device manufacturers and content and information distributors. These systems must be built on an interoperable set of proprietary standards or DRM technologies that are based on open industry-wide standards.

New thinking is needed around DRM and the time is now to get it right. However, the industry is unlikely to succeed without a joint and coordinated effort, the necessary revision of copyright legislation to provide clear incentives to the industry, and a new generation of DRM systems being built on open, industry-wide standards.

Tags: DRM, regulation

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