1. The digital age of information is not yet a done deal and copyright is not the only potential “block” DRM

2. Ugly but telling example Orwell, Kindle, and Amazon In a move that angered customers and generated waves of online pique, Amazon remotely deleted some digital editions of the books from the Kindle devices of readers who had bought them.angered customersAmazonKindle An Amazon spokesman, Drew Herdener, said in an e-mail message that the books were added to the Kindle store by a company that did not have rights to them, using a self-service function. “When we were notified of this by the rights holder, we removed the illegal copies from our systems and from customers’ devices, and refunded customers,” he said. Amazon effectively acknowledged that the deletions were a bad idea. “We are changing our systems so that in the future we will not remove books from customers’ devices in these circumstances,” Mr. Herdener said.

3. book modification Although Claire wrote: “One response to this has been the rise of technological protection measures (TPM), so-called Digital Rights Management technologies. Digital Rights Management, or DRM, is a technology that enforces a restriction on the use of content after it passes into the hands of the user.” I'd just as soon not limit DRM to “after it passes into the hands of the user” because in the future we are going to see many of these that don’t allow material to get that far and still act to manage digital rights.

4. who’s digital rights managed? the IP ownership rights of the legal rights owner the schemes don’t protect the digital rights of users. Although, big content holders say that the measures protect consumers from breaking the law without knowing it, and/or dissuade them from trying as they would if doing so were easy.

5. places/ways to exert control the physical layer your cd/dvd will not engage at all with/in certain devices in order to get the “last mile” in a fiber system, we might go to wireless relays that could control access log on technologies of many sorts the code layer encryption issues proprietary platform issues net neutrality issues the content layer “traditional” DRM speed bumps watermarks flags

6. strength of control/applied to what functions? strong everything you have to the single use we allow. (dvd) moderate everything you have to multiple uses we allow (e.g.,downloaded music) only some aspects of the thing you have, to single uses (e.g.,downloaded movies--free watching, no copying/transfer) weak not everything you have and only in some uses. (version file conversions; free play music over networks, etc.)

7. in this corner: Pro-drm if you don’t lock it up, they'll steal it. user rights? we think users have way fewer rights than they think they do or than they actually do. audio cds can be protected (sort of) DRM is strongly supported by the DMCA and further extension of it is hotly pursued by big media AND big software. CSS (and other schemes) lock dvds Universal City Studios, Inc. v. Reimerdes, 2001 321 Studios, 2004 loads of folks zero in here with the need for the lock down, ways to do it, and money to be made by doing it.

8. drm is HUGE business “Windows Media Digital Rights Management (DRM) is a proven platform to protect and securely deliver content for playback on computers, portable devices, and network devices. The latest version offers increased flexibility to support a wide range of business models that provide consumers even greater access to protected audio and video content.” http://www.microsoft.com/windows/windowsmedia/forpros/dr m/default.mspx Digital rights Management Standards News from DMR watch http://www.drmwatch.com/standards/ RIAA, MPAA, Software Associations, all want better/more

9. in this corner: con DRM con: locking it up is often an excessive intrusion on user rights. con:don't blame users for the lack of user law and don't limit their fair use rights because of that void con: rootkit fiasco... generally, drm doesn’t work and often violates user rights neutral but true: No widely distributed DRM scheme has yet actually defeated determined users DeCSS (and other such schemes) unlock them DVD rip studio or others: the stuff is like mushrooms Apple gave up FTC cautions about how it’s done loads of folks are "agin it" Creative commons EFF ALA

10. some of the battlegrounds downloaded music: pro: fairplay, WMA, PlaysForSure, services (ruckus— oopppss--, napster 2.0) con: napster 1.0, grokster, limewire and a zillion others Digital TV: pay for services restrictions broadcast flag restrictions interoperability restrictions Nasty implications of “total” cloud or MS-provided computing

11. some of the battlegrounds License v. Sale (for example, of software): In lots of new/digital media, the First Sale Doctrine doesn’t applyfor example, of software Who owns the copyright on a copy is also not always clear. For example, take the case of the software on a chip on a smartphone that I “purchase” the case of the software on a chip on a smartphone that I “purchase” analog hole initially a TV issue, but actually has applicability to all media. Blocking analog to digital conversion interoperability. conversion to digital (starts with TV) again, all media are implicated here as if it's digital, it can be (potentially) controlled, maybe. Software Anti-piracy/copying/mass production/duplication Interoperability in all mediums Virtual World content Cryptography Others that I didn’t think of?

12. Some new aspects Logo, Copyright Notice and Link on Web Site Constitute "Copyright Management Information" under DMCA Logo, Copyright Notice and Link on Web Site Constitute "Copyright Management Information" under DMCA Court: breaking DRM for a "fair use" is legal Court rules copying your own DVD’s is illegal Big Content: ludicrous to expect DRMed music to work forever Big Content: ludicrous to expect DRMed music to work forever