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Righteous Digital Management

More work today on my article with Danny Butt for the Media & Arts Law Review, on Digital Rights Management (DRM). It's looking OK now, but I find it hard to come up with clear recommendations in this field, just because DRM has been so thoroughly misused and misdirected for so long. The mainstream music industry's belligerence just isn't going to work, no matter how many people it sues - for better or for worse, the heavy-handed police state approach to combatting copyright infringements isn't going to be more successful here than it has been in the case of prohibition of alcohol or soft drugs, civil liberties, or, hell, (continuing with the papal theme of the last month) Christianity.

The shame in this is that there are many constructive peace-time uses of DRM, beyond the DRM wars the RIAA is so keen to wage. Creative Commons licences could be seen as a form of DRM, in fact - just not one that Microsoft et al. can make a quick buck from - and could be developed into a nice little alternative system beyond traditional copyright. (Of course this might also require Australia and other nations to resist bending over and annexing their copyright systems to that of the U.S., which by now is so throughly messed up that it's not funny any more. Any country whose copyright legislation bears the right of has-been pop singers should automatically be excluded from the Berne Convention.) However, we might not see any of this happen until the mainstream music industry has sold its last prepubescent Britney Spears clone or sued its last (equally prepubescent) filesharer...

Anyway. I also uploaded the wiki paper with Sal Humphreys today - have a look...

Comments

DRM will be a valuable weapon in the record company arsenal if it is compulsory, which has been touted around the traps.

The only problem is that any Digital Rights Management provisions will have to be subject to the exceptions to copyright infringement such as fair use.

Now it may just be me but doesnt that place the power to invoke the defence on the party disclosing the material and not on the party seeking to use it???

That may be an about face for copyright policy.

The thing I find most valuable in the DRM is that it will insist that all electronic information subject to copyright is transferred with a licence. Surely this will mean that Grokster et al are illegal because the architecture of the software does not allow for licences to be passed.

(Note this is also an argument against the non-infringing use of peer to peer)

Either way the 'welcome to the jungle' approach that we have been subjected to has to come to an end. The massive copyright infringements are hurting our record industry - less money, less talent scouts less oppurtunity for the big time.

No, sorry, I don't buy most of that argument. To begin with, there still is virtually no evidence that 'copyright infringements' - massive or not - are 'hurting' the record industry; a report last year found that the net effect of filesharing is 'statistically indistinguishable from zero', for example. Filesharing can be said to lead to more sales (as an involuntary form of viral marketing) as much as it may reduce revenue. And let's not even get started on the suggestion that the oligopolistic transnational music industry cartel can somehow be construed as 'our' (or anyone's) record industry! You also write:
The only problem is that any Digital Rights Management provisions will have to be subject to the exceptions to copyright infringement such as fair use.
How is adherence to law a problem? Fair use provisions are there for a purpose - to protect the public from overly restrictive copyright provisions and to uphold customary usage rights. Already fair use has been undermined far too much (for example, at present many music schools at universities can't include recordings or musical scores in their course materials, because they can't afford paying to buy a licence to copy this content - some of them go to the trouble of having this music broadcast on community radio in the wee hours of the night because 'fair use' regulations allow them at least to use content that has been recorded off the airwaves!). The real problem, in contrast to what you say, is that current DRM systems include virtually no provisions at all to allow for fair use! They simply ignore such copyright exceptions, and so far are largely getting away with it. Even in legislations where users do have the right to make copies of musical content for personal use (e.g. making tapes or CD-Rs for the car or portable CD player), such DRM systems prevent users from exercising this right - in essence this means that the DRM-controlled product sold by the record companies is inherently defective.