2006/10/19 Designing the foundations of Information Society in Italy 1 Intellectual Property and Digital Media There is more than meets the eye L. Chiariglione, P. Merrill IPDM06, Shanghai, 2006/10/19

2006/10/19 Designing the foundations of Information Society in Italy 2 The 3 ages of media technologies – analogue (good old times) They are “simple” and “linear”, becoming “complex” and “warped” with new technologies Publishers play a very important role Distributors have an overriding role because of their huge ad-hoc distribution infrastructures Once released content cannot be “controlled” With time control moves progressively from creator to end-user Technology “forces” innovation on typically conservative rights holders

2006/10/19 Designing the foundations of Information Society in Italy 3 The 3 ages of media technologies – digital 1 (the revolution) Bits are the immaterial equivalent of the immaterial work of the creator Cost of moving bits – hence works – tends to zero Bits – hence works – are infinitely replicable; progressive drift of control countered by allowing “exceptions” New technologies improving creation, distribution and consumption keep on show up Basic technologies continue to be shared among users across industries

2006/10/19 Designing the foundations of Information Society in Italy 4 The 3 ages of media technologies – digital 2 (the reaction) Use of technologies (DRM) to –describe “rights to use bits” –enable “access to bits” based on rights DRM technologies are mostly “proprietarily used” as opposed to “shared” Patents become the tools to better achieve the goal Proprietary value chains can be created where rights holders enjoy the “right of diktat” Tampering with DRMs is a crime in most jurisdictions The end result? –Revolution –Stagnation –All-out refusal by end-users

2006/10/19 Designing the foundations of Information Society in Italy 5 The Digital Media Manifesto Started in July 2003 Published in September 2003 Identified a stalemate The Manifesto proposals –Two ways to overcome the stalemate Interoperable DRM (iDRM) to avoid the looting of intellectual property The “mapping of TRUs to the digital space” to avoid the cancellation of users’ rights under DRM –The establishment of the Digital Media Project To further the goals of the Manifesto

2006/10/19 Designing the foundations of Information Society in Italy 6 Which iDRM specification? Must be capable to support a broad range of value chains –from a Creative Commons licence –to very restrictive licences It impossible to develop a “one size fits all” standard, Must be a “toolkit” iDRM standard where all tools required by business users are standardised and integrated Specifications and Open Source reference software (Chillout®) developed

2006/10/19 Designing the foundations of Information Society in Italy 7 Advantages It is possible to set up any value chain using the rich IDP toolkit Reduced cost of value chains because technologies are available from competing providers (horizontal market) Interoperability between users in the value chain (and possibly between value chains) The environment fosters continuous technology innovation

2006/10/19 Designing the foundations of Information Society in Italy 8 Now, to make iDRM accepted by the users DRM (including iDRM) systems are unbalanced in favour of rights holders and can easily lead to stagnation or rejection Avoid the risk of creating digital media business models (DMBM) stereotyping worn out business models Use all experiences that media users of have collected in Traditional Rights and Usages (TRU) Mapping TRUs to the digital space one may discover that there are attractive DMBMs already tested in the analogue world Chillout® is the tool to experiment with TRUs and DMBMs to find out successful usages of digital media

2006/10/19 Designing the foundations of Information Society in Italy 9 TRU examples QuoteTRU to reproduce limited portions of another author's work, for a variety of reasons, and in a variety of ways Personal copyTRU to perform certain acts that pertain to exclusive right of reproduction without requesting prior authorisation Space shiftTRU to access content wherever the User is Time shiftTRU to access content whenever the User wants Publish content anonymously TRU to publish content without revealing the user’s identity Use content anonymously TRU to use content without revealing the author’s identity

2006/10/19 Designing the foundations of Information Society in Italy 10 Example of TRU support: Quote Tim wants to show 10 seconds from time code 1h 15m 25s of “My best quote of the year”, a movie that is only available as protected Content Using Chillout® it is possible to set up (a portion of) a value chain corresponding to this particular TRU and experiment with it using: –A Content Provider Device (for movie content) –A Licence Provider Device capable of negotiating, making, providing, and, depending on the type of release, accepting licences from Tim –A device to negotiate the licence and make the DCI –Possibly other devices depending on the type of release that is envisaged.

2006/10/19 Designing the foundations of Information Society in Italy 11 Example of TRU support: TRU to space-shift Abe, a UK national living in the UK, obtains a licence to use a content item in the UK Abe wants to attend a conference in Germany, a country not covered by the license he has previously obtained

2006/10/19 Designing the foundations of Information Society in Italy 12 Example of TRU support: TRU to rate content Miranda buys a licence to use a protected content item After playing it she likes to express her opinion Miranda uses an application that allows her to link her rating to the content item, its individual resources and fragments of resources, clearly identified by their time code Miranda posts her ratings as a content item on her blog A visitor who has a license of the same content item and a similar application can see Miranda’s comments while playing the content item.