A bridge between standardisation and End-Users DMP workshop on "Development of and Access to Standards" Martin Springer 2004/07/12

Standardisation The process by which individuals of a group recognise the advantage of all doing certain things in an agreed way and codify that agreement. L. Chiariglione

Traditional Rights and Usages Usages that have been traditionally made by Users in the analogue domain DMP does not claim that because a TRU existed in the past, it should continue to exist in the digital domain If some value-chain players used to have interest in that TRU in the analogue domain, it is likely that the same TRU is also of interest in the digital domain

Traditional Rights and Usages The result of a balance between the interests of the Industry (Economy), Public Authorities (Legislation) and Consumers (Society)

DRM can shift the balance Existing industry only implements functionality (TRUs/ DEUs) required for economically valuable business-models

Example: digital VCR Private space- and time-shifting may have a negative economic impact on others (by reducing video sales, for example). The industry uses DRM to restrict private space- and time- shifting.

Economy: the market shall decide If there is enough market demand, features will get implemented by the device manufacturers. In a given jurisdiction the exercise of certain TRUs/DEUs under certain DMBMs will be the subject of private negotiations (e.g. EULA)

Legislation: Mandatory TRU support National legislation could still be used to select or deselect TRUs/DEUs

Society: TRUs at stake With the introduction of DRM, End-User TRUs will not (or to a lesser extent) be supported: TRU of continued access to information TRU to access content in libraries TRU of freedom from monitoring... Though they are not directly supported by business-models, these TRUs should exist in the digital domain

Society: Access to standards Society can develop and access standards. If necessary build their own Devices for the TRUs that are not supported by the existing industry.

Example: Privacy Certification Authority Concentration of data always involves additional risks Trusted third party provides a Service to certify users’ identities and confirm them to their correspondents without actually revealing the identities. proposed by the Data Protection Working Party Service- Provider Privacy Certification Authority End-User

Society: access to technical means to build Devices Possibility for build “Fallback Devices” or “TRU Services” Society should not only have access to the standards but also to the necessary IPR to implement the standards.

Society: “Free” must be protected Free Software licensing (e.g. GNU GPL) ensures the freedom to improve technology RAND statements give patent owners the right to restrict the use of their technology If a patent license restricts modifications (e.g. implementation of a subset or a superset of the specification), the technology cannot be used for Free Software implementations.

A bridge between standardisation and End-users “TRU Services” could become necessary It could be of advantage for society if a technology license is compatible with Free Software licensing If two proposals are equal in every way technically and with one being encumbered with a license and one being royalty free, preference should be towards the one that is royalty free.

Thank you for you attention Martin Springer 2004/07/12