This assignment is meant to give you a broad overview of what Digital Rights Management (DRM) is, how it is enforced in the legal system through the Digital Millenium Copyright Act (DMCA), and what effect it has on the usage of copyrighted digital works. Throughout the assignment there will be questions highlighted in yellow. Be prepared to discuss your thoughts about these questions during the seminar. Throughout the assignment, also keep in mind the Constitutional basis of copyright law from Article I, Section 8, Clause 8:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Background

Digital Rights Management is the term used to describe measures taken to limit access to digitally stored copyrighted material through software, hardware, and other means.

A Brief Tour of DRM Implementations

Opposition to DRM/DMCA

Many individuals and groups are opposed to DRM for a variety of reasons. Below are links to groups, papers, and other resources opposing the use of DRM and the DMCA.

  • Read the overview of the EFF's position on DRM as well as this 2002 EFF article about Fair Use and the DMCA. Think about the sections of the U.S. Code you read earlier. Do you think that the DMCA inherently undermines the concept of fair use?
  • Visit Defective by Design, an organization attempting to spread awareness of the downsides of DRM (and the source of this page's background image). Optional: Explore more of the DRM opposition organizations by visiting some of the 'Anti-DRM Resources' in the right sidebar of Defective by Design.

Scandals and Litigation

Digital Rights Management has spawned a number of court cases and public scandals with copyright holders both as plaintiffs and defendants.

  • RealNetworks v. DVD-CCA: RealNetworks released software intended to allow consumers to back up their DVD collection to their computer digitally while still preserving the Content Scramble System. The studios filed suit claiming 17 U.S.C. § 1201 violation and RealNetworks countersued asking for the software to be declared legal. Read the complaint of the studio and the complaint of RealNetworks.
  • Thomas v. Electronic Arts: The video game publisher Electronic Arts is now subject to a lawsuit over the SecuROM DRM software that is installed with the new game "Spore." Read the claims of the lawsuit here. Sony recently settled similar litigation out of court. What kind of information and consent should be provided with DRM schemes? Should such disclosures be regulated?
  • The "processing key" protecting Blu-Ray discs was discovered and posted to the internet. Many sites tried to censor this information from being posted only to spark a user revolt. Read this InformationWeek article about the Digg Rebellion.
  • Read this amicus brief questioning the constitutionality of the DMCA filed by 46 law professors working with the Electronic Frontier Foundation.

Future

DRM has been under heavy fire since its inception. With more DRM-free content distribution points such as Amazon MP3 and even Wal-Mart opening each day, it seems that some content providers may be backing down in the face of criticism. Others, however, are still trying to find new ways to protect content without enraging consumers. Read this Reuters article about a planned new DRM standard. Does DRM have a future, from a business or legal perspective?

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