© Viveca Still, 2001 W3C WORKSHOP ON DRM Sophia Antipolis Viveca Still researcher, Institute of International Economic Law, Helsinki University

© Viveca Still, 2001 Content of presentation What requirements on the design of DRMS is set by copyright law? What requirements on the design of DRMS follow from other information law ?

© Viveca Still, 2001 Copyright regulation of DRMS – DRMS = technological measures (TM) & rights management information (RMI) Legal protection of DRMS: prohibition to circumvent TM, remove or alter RMI Is standardisation supported? Need to comply to TM and RMI? Compulsory features of TM and RMI?

© Viveca Still, 2001 Compulsory features of DRMS C.dir: DRMS must comply with privacy regulation Need to consider fair use/copyright exceptions? – Yes and No

© Viveca Still, 2001 Problem: rightsholders vs. users Digital Millennium Copyright Act (DMCA): legal protection stops at the borders of copyright Copyright directive (C.Dir.): large protection of TM, but active protection of certain copyright exceptions

© Viveca Still, 2001 What other legal requirements? Competition law, consumer protection law, general contract law... Too early to predict possible problems, new doctrines on abuse of rights may evolve

© Viveca Still, 2001 Establishing a rule of thumb Free flow of information – Basic principle of information ethics and law

© Viveca Still, 2001 General requirements on DRMS Respect users right to privacy Avoid unnecessary use restrictions – respect fair use Universal service - access right on equal and fair conditions Support variety of licensing options

© Viveca Still, 2001 Make it easy for users to act lawfully Seamless operating environment, interoperability of DRMS Support information search (engines) Make licensing easy (reduces transaction costs)

© Viveca Still, 2001 Secure operating environment (integrity and availability of content) Avoid bottle-necks and monopolies (production and distribution)

© Viveca Still, 2001 Core message Copyright law gives almost free hands for developing DRMS. Although there are few obligatory features, guidelines may be derived from law When hesitating, think in terms of free flow of information