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{{short description|Technology to control access to copyrighted works and prevent unauthorized copying}} | |||
{{Redirect|DRM (computing)||DRM (disambiguation){{!}}DRM}} | |||
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{{More citations needed|date=September 2022}}{{use dmy dates|date=July 2017}}'''Digital rights management''' ('''DRM''') is the management of legal access to ]. Various tools or '''technological protection measures''' ('''TPM'''),{{refn|name=cbc}} such as ] technologies, can restrict the use of ] and ]ed works.<ref>{{cite book|url = https://books.google.com/books?id=0rVfRwcIPYgC&q=DRM+%22access+control+technology%22&pg=SA9-PA26|title = Computer Forensics: Investigating Network Intrusions and Cybercrime|publisher = ]|pages = 9–26|isbn = 978-1435483521|date = 16 September 2009}}</ref> DRM technologies govern the use, modification and distribution of copyrighted works (e.g. ], multimedia content) and of systems that enforce these policies within devices.<ref>{{cite web|url= http://www.priv.gc.ca/resource/fs-fi/02_05_d_32_e.asp |title=Fact Sheet: Digital Rights Management and have to do: Technical Protection Measures |archive-url=https://web.archive.org/web/20160414002554/http://www.priv.gc.ca/resource/fs-fi/02_05_d_32_e.asp |archive-date=14 April 2016 |date=24 November 2006|website= Priv.gc.ca |access-date=29 July 2013}}</ref> DRM technologies<ref>{{Cite web |title=Digital rights management |url=https://www.thomsonreuters.com/en-gb/help/highq/files-module/files-admin/drm.html |access-date=2024-12-07 |website=www.thomsonreuters.com |language=English}}</ref> include ]s<ref>{{cite web|title=Digital Rights Management Systems and Copy Protection Schemes|url=http://w2.eff.org/IP/DRM/|url-status=dead|archive-url=https://web.archive.org/web/20110209160908/http://w2.eff.org/IP/DRM/|archive-date=9 February 2011|access-date=13 February 2011|publisher=eff.org}}</ref> and ].<ref>Kranich, Nancy. "Chap 1(pg.8)." The Information Commons. Creative Commons, 2004. Print.</ref> | |||
Laws in many countries criminalize the circumvention of DRM, communication about such circumvention, and the creation and distribution of tools used for such circumvention. Such laws are part of the United States' ] (DMCA),<ref>{{Cite web|title=Public Law 105 – 304 – Digital Millennium Copyright Act|url=http://www.gpo.gov/fdsys/pkg/PLAW-105publ304/html/PLAW-105publ304.htm|access-date=26 July 2015|website=U. S. Government Publishing Office|archive-date=16 July 2018|archive-url=https://web.archive.org/web/20180716140639/https://www.gpo.gov/fdsys/pkg/PLAW-105publ304/html/PLAW-105publ304.htm|url-status=live}}</ref> and the ]'s ]<ref>{{Cite journal|date=22 June 2001|title=Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society|url=http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32001L0029&qid=1437963741051|journal=Official Journal of the European Union|access-date=26 July 2015|archive-date=22 December 2015|archive-url=https://web.archive.org/web/20151222085135/http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32001L0029&qid=1437963741051|url-status=live}}</ref> – with the French ] an example of a member state of the European Union implementing that directive.<ref>{{Cite journal|date=3 August 2006|title=LOI n° 2006-961 du 1er août 2006 relative au droit d'auteur et aux droits voisins dans la société de l'information|url=http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000266350&dateTexte=&categorieLien=id|journal=Journal officiel de la République française|language=fr|access-date=26 July 2015|archive-date=29 May 2015|archive-url=https://web.archive.org/web/20150529175139/http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000266350&dateTexte=&categorieLien=id|url-status=live}}</ref> | |||
'''Digital Rights Management''' ('''DRM''') is a class of technologies<ref name="Ross">{{cite book | url=http://www.cl.cam.ac.uk/~rja14/book.html | title=Security Engineering | publisher=WILEY | chapter=22: Copyright and DRM}}</ref> that are used by hardware manufacturers, publishers, ] holders, and individuals with the intent to control the use of digital content and devices after sale;<ref name="Ross" /><ref name="WillStep">{{cite book | url=http://www.giantstepsmts.com/digitalrightsbookpreface.htm | title=Digital Rights Management: Business and Technology | publisher=M&T Books | chapter=The Changing Attitude Toward DRM}}</ref><ref>. Dl.acm.org. Retrieved on 2013-07-29.</ref> there are, however, many competing definitions.<ref name="">{{cite book | url=http://books.google.com/books?id=y__ea3Vj_IMC&dq=digital+rights+management&source=gbs_navlinks_s | title=Digital Rights Management: Technological, Economic, Legal and Political Aspects (Lecture Notes in Computer Science) | chapter=Definitions, Aspects, and Overview}}</ref> With first-generation DRM software, the intent is to control copying; With second-generation DRM, the intent is to control executing, viewing, copying, printing and altering of works or devices. The term is also sometimes referred to as '']'', ''copy prevention'', and ''copy control'', although the correctness of doing so is disputed.<ref>. Priv.gc.ca (2006-11-24). Retrieved on 2013-07-29.</ref> DRM is a set of ] technologies.<ref name="act11">{{cite book | url=http://books.google.com/books?id=0rVfRwcIPYgC&pg=SA9-PA26&dq=DRM+%22access+control+technology%22&hl=en&sa=X&ei=Jv6IUZ3RJZT09gSI04HYCA&ved=0CEAQ6AEwAQ#v=onepage&q=DRM%20%22access%20control%20technology%22&f=false | title=Computer Forensics: Investigating Network Intrusions and Cybercrime | publisher=] | pages=9–26}}</ref><ref name="act2">{{cite book | url=http://books.google.com/books?id=ntsJqzfwFhkC&pg=PA302&dq=DRM+%22access+control+technology%22&hl=en&sa=X&ei=Jv6IUZ3RJZT09gSI04HYCA&ved=0CE8Q6AEwBA#v=onepage&q=DRM%20%22access%20control%20technology%22&f=false | title=Multimedia Networking: From Theory to Practice | publisher=] | author=Hwang, Jenq-Neng | year=2009 | page=410}}</ref> Companies such as ], ], ], <!-- If you intend to remove -->],<!-- from this list, please remember that they have been one of history's foremost sellers of DRM-protected content, and even after they stop selling DRM-protected music, they will still have a very large TV & movies selection that is DRM-protected --> ],<ref>{{cite web|url=http://support.google.com/books/partner/answer/170424?hl=en+|title=DRM options for downloads of books on Google Play|date=March 6, 2013|accessdate=2013-04-29|publisher=Google}}{{dead link|date=April 2014}}</ref> ], ], ], ], and ] use digital rights management. In 1998, the ] (DMCA) was passed in the United States to impose criminal penalties on those who make available technologies whose primary purpose and function are to circumvent content protection technologies.<ref>], 112 Stat. 2863, 17 U.S. Code 1201–1205.</ref> | |||
Copyright holders argue that DRM technologies are necessary to protect ], just as physical locks prevent ] from theft.<ref name="cbc">{{cite news |url=https://www.cbc.ca/news/science/the-pros-cons-and-future-of-drm-1.785237 |title=The pros, cons, and future of DRM |quote=Digital locks – also known as digital rights management (DRM) technologies or technological protection measures (TPM) |publisher=Cbc.ca |date=7 August 2009 |access-date=7 January 2012 |archive-date=19 August 2013 |archive-url=https://web.archive.org/web/20130819222032/http://www.cbc.ca/news/technology/story/2009/08/06/tech-digital-locks-drm-tpm-rights-management-protection-measures-copyright-copy-protection.html |url-status=live}}</ref> For examples, they can help the copyright holders for maintaining ]s,<ref>{{cite web|url=http://www.artistscope.com/protection.asp|title=Images and the Internet|access-date=16 February 2009|archive-date=10 July 2018|archive-url=https://web.archive.org/web/20180710121521/http://www.artistscope.com/protection.asp|url-status=live}}</ref> and supporting licenses' modalities such as rentals.<ref>{{cite web|url=http://www.streamingmedia.com/r/printerfriendly.asp?id=8306 |title=Making Money with Streaming Media |author=Christopher Levy |date=3 February 2003 |access-date=28 August 2006 |publisher=streamingmedia.com |archive-url=https://web.archive.org/web/20060514024614/http://www.streamingmedia.com/r/printerfriendly.asp?id=8306 |archive-date=14 May 2006}}</ref> Industrial users (i.e. industries) have expanded the use of DRM technologies to various hardware products, such as ]'s ]s,<ref>{{cite web|last=Bode|first=Karl|date=3 March 2014|title=Keurig Will Use DRM in New Coffee Maker To Lock Out Refill Market|url=https://www.techdirt.com/articles/20140227/06521826371/keurig-will-use-drm-new-coffee-maker-to-lock-out-refill-market.shtml|access-date=3 May 2015|publisher=techdirt.com|archive-date=3 May 2015|archive-url=https://web.archive.org/web/20150503063944/https://www.techdirt.com/articles/20140227/06521826371/keurig-will-use-drm-new-coffee-maker-to-lock-out-refill-market.shtml|url-status=live}}</ref><ref>{{cite news|author=Chris Welch|date=28 August 2014|title=Keurig's coffee brewer 'DRM' has already been defeated|url=https://www.theverge.com/2014/8/28/6079711/keurig-coffee-pod-drm-has-been-defeated|access-date=30 August 2017|archive-date=8 July 2017|archive-url=https://web.archive.org/web/20170708011845/https://www.theverge.com/2014/8/28/6079711/keurig-coffee-pod-drm-has-been-defeated|url-status=live}}</ref> ]' ]s,<ref> {{Webarchive|url=https://web.archive.org/web/20151216231732/http://boingboing.net/2015/12/14/philips-pushes-lightbulb-firmw.html |date=16 December 2015}} by ] on ] (14 December 2015)</ref><ref> {{Webarchive|url=https://web.archive.org/web/20151217130712/https://www.techdirt.com/articles/20151214/07452133070/lightbulb-drm-philips-locks-purchasers-out-third-party-bulbs-with-firmware-update.shtml |date=17 December 2015}} on techdirt.com (14 December 2015)</ref> ] ],<ref> {{Webarchive|url=https://web.archive.org/web/20160402044236/https://www.techdirt.com/articles/20070724/094533.shtml |date=2 April 2016}} on techdirt.com by Carlo Longino (25 July 2007)</ref><ref>{{cite web|author=Ed Felten|date=26 July 2007|title=DRM for Chargers: Possibly Good for Users|url=https://freedom-to-tinker.com/blog/felten/drm-chargers-possibly-good-users/|publisher=freedom-to-tinker.com|quote=''Apple has filed a patent application on a technology for tethering rechargeable devices (like iPods) to particular chargers. The idea is that the device will only allow its batteries to be recharged if it is connected to an authorized charger. Whether this is good for consumers depends on how a device comes to be authorized. If "authorized" just means "sold or licensed by Apple" then consumers won't benefit – the only effect will be to give Apple control of the aftermarket for replacement chargers.''|access-date=20 March 2016|archive-date=1 April 2016|archive-url=https://web.archive.org/web/20160401220532/https://freedom-to-tinker.com/blog/felten/drm-chargers-possibly-good-users/|url-status=live}}</ref><ref> {{Webarchive|url=https://web.archive.org/web/20210504142145/https://hackaday.com/2014/03/03/hacking-dell-laptop-charger-identification/ |date=4 May 2021}} on hackaday.com (3 March 2014)</ref> and ]'s ]s.<ref>{{cite magazine|last=Wiens|first=Kyle|date=21 April 2015|title=We Can't Let John Deere Destroy the Very Idea of Ownership|url=https://www.wired.com/2015/04/dmca-ownership-john-deere/|magazine=Wired|publisher=]|access-date=3 May 2015|archive-date=27 January 2021|archive-url=https://web.archive.org/web/20210127060843/https://www.wired.com/2015/04/dmca-ownership-john-deere/|url-status=live}}</ref> For instance, tractor companies try to prevent farmers from making ] via DRM.<ref>{{cite web|last=Sydell|first=Laura|date=17 August 2015|title=DIY Tractor Repair Runs Afoul of Copyright Law|url=https://www.npr.org/sections/alltechconsidered/2015/08/17/432601480/diy-tractor-repair-runs-afoul-of-copyright-law|access-date=31 August 2015|publisher=npr.com|archive-date=14 January 2021|archive-url=https://web.archive.org/web/20210114214322/https://www.npr.org/sections/alltechconsidered/2015/08/17/432601480/diy-tractor-repair-runs-afoul-of-copyright-law|url-status=live}}</ref><ref>{{Cite magazine |last=Newman |first=Lily Hay |title=A New Jailbreak for John Deere Tractors Rides the Right-to-Repair Wave |url=https://www.wired.com/story/john-deere-tractor-jailbreak-defcon-2022/ |access-date=2024-08-12 |magazine=Wired |language=en-US |issn=1059-1028}}</ref> | |||
The use of digital rights management is not universally accepted. Some content providers claim that DRM is necessary to fight copyright infringement and that it can help the copyright holder maintain ]<ref>{{cite web|url=http://www.artistscope.com/protection.asp|title=Images and the Internet}}</ref> or ensure continued revenue streams.<ref>{{cite web|url=http://www.streamingmedia.com/r/printerfriendly.asp?id=8306|title=Making Money with Streaming Media|author=Christopher Levy|date=February 3, 2003|accessdate=2006-08-28|publisher=streamingmedia.com|archiveurl=http://web.archive.org/web/20060514024614/http://www.streamingmedia.com/r/printerfriendly.asp?id=8306|archivedate=2006-05-14}}</ref> Proponents argue that digital locks should be considered necessary to prevent "intellectual property" from being copied freely, just as physical locks are needed to prevent personal property from being stolen.<ref name=cbc>{{cite news|url=http://www.cbc.ca/news/technology/story/2009/08/06/tech-digital-locks-drm-tpm-rights-management-protection-measures-copyright-copy-protection.html|title=The pros, cons, and future of DRM|publisher=Cbc.ca|date=2009-08-07|accessdate=2012-01-07}}</ref> Those opposed to DRM contend there is no evidence that DRM helps prevent copyright infringement, arguing instead that it serves only to inconvenience legitimate customers, and that DRM helps big business stifle innovation and competition.<ref>{{cite web|url=https://www.eff.org/issues/drm|title=DRM | Electronic Frontier Foundation|publisher=Eff.org|accessdate=2012-01-07}}</ref> Furthermore, works can become permanently inaccessible if the DRM scheme changes or if the service is discontinued.<ref name="opensource1">{{cite web|url=http://opensource.com/life/11/11/drm-graveyard-brief-history-digital-rights-management-music|title=The DRM graveyard: A brief history of digital rights management in music|publisher=opensource.com |date=3 November 2011 |accessdate=2012-01-07}}</ref> | |||
DRM is controversial. There is an absence of evidence about the DRM capability in preventing ], some complaints by legitimate customers for caused inconveniences, and a suspicion of stifling innovation and competition.<ref>{{cite web |url=https://www.eff.org/issues/drm |title=DRM |publisher=] |access-date=7 January 2012 |archive-date=5 July 2018 |archive-url=https://web.archive.org/web/20180705015859/https://www.eff.org/issues/drm |url-status=live}}</ref> Furthermore, works can become permanently inaccessible if the DRM scheme changes or if a required service is discontinued.<ref>{{cite web|url=http://opensource.com/life/11/11/drm-graveyard-brief-history-digital-rights-management-music|title=The DRM graveyard: A brief history of digital rights management in music|publisher=opensource.com|date=3 November 2011|access-date=7 January 2012|archive-date=6 June 2012|archive-url=https://web.archive.org/web/20120606125646/http://opensource.com/life/11/11/drm-graveyard-brief-history-digital-rights-management-music|url-status=live}}</ref> DRM technologies have been criticized for restricting individuals from copying or using the content legally, such as by ] or by making backup copies. DRM is in common use by the ] (''e.g.'', audio and video publishers).<ref>{{cite web |date=11 November 2009 |title=QuickPlay Distributes TV Over Mobile Wi-Fi |url=http://www.mediapost.com/publications/article/117244/quickplay-distributes-tv-over-mobile-wi-fi.html |url-status=live |archive-url=https://web.archive.org/web/20150109012043/http://www.mediapost.com/publications/article/117244/quickplay-distributes-tv-over-mobile-wi-fi.html |archive-date=9 January 2015 |access-date=28 December 2014 |publisher=MediaDaily News}}</ref> Many online stores such as OverDrive use DRM technologies, as do cable and satellite service operators. Apple removed DRM technology from ] around 2009.<ref>{{cite news |author=Bobbie Johnson, San Francisco |date=6 January 2009 |title=Apple drops copy protection from iTunes |newspaper=Guardian |url=https://www.theguardian.com/technology/2009/jan/06/apple-drops-itunes-copy-protection |url-status=live |access-date=6 June 2012 |archive-url=https://web.archive.org/web/20140204034137/http://www.theguardian.com/technology/2009/jan/06/apple-drops-itunes-copy-protection |archive-date=4 February 2014}}</ref> Typical DRM also prevents lending materials out through a library, or accessing works in the ].<ref name="cbc" /> | |||
Digital locks placed in accordance with DRM policies can also restrict users from doing something perfectly legal, such as making backup copies of CDs or DVDs, installing an app, lending materials out through a library, accessing works in the public domain, or using copyrighted materials for research and education under ] laws.<ref name=cbc/> The ] (EFF) and the ] (FSF) consider the use of DRM systems to be ].<ref>{{cite web|url=https://www.eff.org/deeplinks/2004/05/fairplay-another-anticompetitive-use-drm|title=FairPlay: Another Anti-competitive Use of DRM|accessdate=2012-09-06}}</ref><ref>{{cite web|url=http://w2.eff.org/IP/DRM/fair_use_and_drm.html|title=Fair Use and DRM|publisher=W2.eff.org|accessdate=2012-01-07}}</ref> | |||
{{TOC limit}} | |||
==Introduction== | ==Introduction== | ||
DRM technologies attempt to give control to the seller of digital content or devices after it has been given to a consumer. For digital content this means preventing the consumer access, denying the user the ability to copy the content or converting it to other formats. For devices this means restricting the consumers on what hardware can be used with the device or what software can be run on it. Long before the arrival of digital or even ], ]s, ] and other financially or artistically interested parties had business and legal objections to copying technologies. Examples include: ] rolls early in the 20th century, ], and ] (e.g., the "]" in the ]). Copying technology thus exemplifies a ]. | |||
The |
The rise of digital media and analog-to-digital conversion technologies has increased the concerns of copyright-owners, particularly within the music and video industries. While ] media inevitably lose quality with each ] and during normal use, digital media files may be duplicated without limit with no degradation. Digital devices make it convenient for consumers to convert (]) media originally in a physical, analog or broadcast form into a digital form for portability or later use. Combined with the ] and ] tools, made unauthorized distribution of copyrighted content (]) much easier. | ||
==History== | |||
The advent of ]s as household appliances has made it convenient for consumers to convert media (which may or may not be copyrighted) originally in a physical/analog form or a broadcast form into a universal, digital form (this process is called ]) for location- or ]. This, combined with the ] and popular ] tools, has made ] (also called digital piracy) much easier. | |||
DRM became a major concern with the growth of the Internet in the 1990s, as piracy crushed CD sales and online video became popular. It peaked in the early 2000s as various countries attempted to respond with legislation and regulations and dissipated in the 2010s as ] and ] largely replaced piracy and content providers elaborated next-generation business models. | |||
===Early efforts=== | |||
DRM technologies enable content publishers to enforce their own access policies on content, like restrictions on copying or viewing. In cases where copying or some other use of the content is prohibited, regardless of whether or not such copying or other use is legally considered a "fair use", DRM technologies have come under fire. DRM is in common use by the ] (e.g., audio and video publishers).<ref name=devices>{{cite web|url=http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=117244|title=MediaDaily News, "QuickPlay Distributes TV Over Mobile Wi-Fi" November 12, 2009|publisher=Mediapost.com|accessdate=2012-02-20}}</ref>{{dead link|date=March 2013}} Many ], such as ]'s ], as well as many ] publishers also use DRM, as do cable and satellite service operators to prevent unauthorized use of content or services. However, Apple quietly dropped DRM from all iTunes music files in about 2009.<ref>{{cite web|author=Bobbie Johnson, San Francisco|url=http://www.guardian.co.uk/technology/2009/jan/06/apple-drops-itunes-copy-protection|title=Apple drops copy protection from iTunes|publisher=Guardian|date=6 January 2009|accessdate=2012-06-06}}</ref> | |||
In 1983, the Software Service System (SSS) devised by the Japanese engineer Ryuichi Moriya was the first example of DRM technology. It was subsequently refined under the name ]. The SSS was based on encryption, with specialized hardware that controlled decryption and enabled payments to be sent to the copyright holder. The underlying principle was that the physical distribution of encrypted digital products should be completely unrestricted and that users of those products would be encouraged to do so.<ref> {{Webarchive|url=https://web.archive.org/web/20220216045220/https://worldwide.espacenet.com/publicationDetails/biblio?DB=EPODOC&adjacent=true&locale=en_EP&FT=D&date=19850501&CC=JP&NR=60077218A&KC=A |date=16 February 2022}} (Publication #60-077218), ''Software Control System'', Japan Patent Office, 5 October 1983, Ryoichi Mori, applicant. Reported by ].</ref> | |||
An early DRM protection method for computer and ] games was when the game would pause and prompt the player to look up a certain page in a booklet or manual that came with the game; if the player lacked access to the material, they would not be able to continue. | |||
===Common DRM techniques=== | |||
Digital Rights Management Techniques include: | |||
* Restrictive Licensing Agreements: The access to digital materials, copyright and public domain is controlled. Some restrictive licenses are imposed on consumers as a condition of entering a website or when downloading software<ref>"Digital Rights Management (DRM) Systems and Copy Protection Schemes," {{dead link|date=April 2014}} DRM</ref> | |||
* ], Scrambling of expressive material, and embedding of a tag: This technology is designed to control access and reproduction of information. This includes backup copies for personal use.<ref>Kranich, Nancy. "Chap 1(pg.8)." The Information Commons. Creative Commons, 2004. Print.</ref> | |||
An early example of a DRM system is the ] (CSS) employed by the ] on ] movies. CSS uses an ] to encrypt content on the DVD disc. Manufacturers of DVD players must license this technology and implement it in their devices so that they can decrypt the content. The CSS license agreement includes restrictions on how the DVD content is played, including what outputs are permitted and how such permitted outputs are made available. This keeps the encryption intact as the content is displayed.{{Citation needed|date=March 2022}} | |||
==Technologies== | |||
In May 1998, the ] (DMCA) passed as an amendment to US ]. It had controversial (possibly unintended) implications. Russian programmer ] was arrested for alleged DMCA infringement after a presentation at ]. The DMCA has been cited as chilling to legitimate users;<ref>{{cite web |date=7 January 2002 |title=RIAA challenges SDMI attack |url=https://www.usenix.org/legacy/publications/library/proceedings/sec01/craver.pdf |url-status=live |archive-url=https://web.archive.org/web/20201031040253/https://www.usenix.org/legacy/publications/library/proceedings/sec01/craver.pdf |archive-date=31 October 2020 |access-date=13 January 2016}}</ref> such as security consultants including ], who declined to publish vulnerabilities he discovered in ]'s secure-computing scheme due to fear of arrest under DMCA; and blind or visually impaired users of ]s or other ].<ref>{{cite web |date=2011 |title=Joint Comments of the American Council of the Blind and the American Foundation for the Blind, DOCKET NO. RM 2011-7 |url=http://www.copyright.gov/1201/2011/initial/american_foundation_blind.pdf |url-status=live |archive-url=https://web.archive.org/web/20150226130028/http://www.copyright.gov/1201/2011/initial/american_foundation_blind.pdf |archive-date=26 February 2015 |access-date=22 December 2014 |publisher=] and ]}}</ref> | |||
===DRM and computer games=== | |||
In 1999, ] released ], which allowed a CSS-encrypted DVD to play on a computer running ], at a time when no compliant DVD player for Linux had yet been created. The legality of DeCSS is questionable: one of its authors was sued, and reproduction of the keys themselves is subject to restrictions as ]s.<ref>{{cite web |date=2 February 2000 |title=Memorandum Order, in MPAA v. Reimerdes, Corley and Kazan |url=https://w2.eff.org/IP/Video/MPAA_DVD_cases/?f=20000202_ny_memorandum_order.html |url-status=dead |archive-url=https://web.archive.org/web/20161213144005/https://w2.eff.org/IP/Video/MPAA_DVD_cases/?f=20000202_ny_memorandum_order.html |archive-date=13 December 2016 |access-date=27 July 2015 |website=Electronic Frontier Foundation |location=New York}}</ref> | |||
====Limited install activations==== | |||
Computer games sometimes use DRM technologies to limit the number of systems the game can be installed on by requiring authentication with an online server. Most games with this restriction allow three or five installs, although some allow an installation to be 'recovered' when the game is uninstalled. This not only limits users who have more than three or five computers in their homes (seeing as the rights of the software developers allow them to limit the number of installations), but can also prove to be a problem if the user has to unexpectedly perform certain tasks like upgrading operating systems or reformatting the computer's hard drive, tasks which, depending on how the DRM is implemented, count a game's subsequent reinstall as a new installation, making the game potentially unusable after a certain period even if it is only used on a single computer. | |||
More modern examples include ], ], ]. | |||
In mid-2008, the publication of '']'' marked the start of a wave of titles primarily making use of ] for DRM and requiring authentication with a server. The use of the DRM scheme in 2008's '']'' ] and there were protests, resulting in a considerable number of users seeking a pirated version instead. This backlash against 3 activation limit was a significant factor in ''Spore'' becoming the most pirated game in 2008, with ] compiling a "top 10" list with ''Spore'' topping the list.<ref>{{cite web|author=Ernesto|url=http://torrentfreak.com/top-10-most-pirated-games-of-2008-081204/|title=Top 10 Most Pirated Games of 2008|publisher=TorrentFreak|date=December 4, 2008|accessdate=2011-11-24}}</ref><ref>{{cite web|author=Andy Greenberg|author2=Mary Jane Irwin|url=http://www.forbes.com/2008/09/12/spore-drm-piracy-tech-security-cx_ag_mji_0912spore.html|title=Spore's Piracy Problem|publisher=Forbes|date=2008-09-12|accessdate=2011-10-22}}</ref> However, Tweakguides concluded that the presence of intrusive DRM does not appear to increase piracy of a game, noting that other games on the list such as '']'', '']'' and '']'' use ] DRM, which has no install limits and no online activation. Additionally, other video games that do use intrusive DRM such as '']'', '']'', and ''Mass Effect'', do not appear on the list.<ref name="Tweakguides: PC Game Piracy Examined: Page 4">{{cite web|author=Koroush Ghazi|url=http://www.tweakguides.com/Piracy_4.html|title=PC Game Piracy Examined: Page 4|publisher=Tweakguides|date=2008-12-14|accessdate=2011-11-24}}</ref> | |||
The ] (WCT) was passed in 1996. The US ] (DMCA), was passed in 1998. The European Union enacted the ]. In 2006, the lower house of the French parliament adopted such legislation as part of the controversial ] law, but added that protected DRM techniques should be made interoperable, a move which caused widespread controversy in the United States. The ] concluded in 2006, that the complete blocking of any possibilities of making private copies was an impermissible behaviour under French copyright law. | |||
====Persistent online authentication==== | |||
{{main|Always-on DRM}} | |||
Many mainstream publishers continued to rely on ] DRM throughout the later half of 2008 and early 2009, including ], ], ], and ], '']'' being a notable exception in the case of Electronic Arts.<ref>{{cite web|url=http://www.1up.com/do/newsStory?cId=3173495|title=The Sims 3 Will Not Use DRM: News from|publisher=1UP.com|date=2009-03-29|accessdate=2010-08-31}}</ref> Ubisoft broke with the tendency to use online DRM in late 2008 with the release of ''Prince of Persia'' as an experiment to "see how truthful people really are" regarding the claim that DRM was inciting people to use pirated copies.<ref>{{cite web|last=Kuchera|first=Ben|url=http://arstechnica.com/gaming/news/2008/12/pc-prince-of-persia-contains-no-drm-its-a-trap.ars|title=PC Prince of Persia contains no DRM. It's a trap!|publisher=Arstechnica.com|date=2008-12-12|accessdate=2010-08-31}}</ref> Although Ubisoft has not commented on the results of the "experiment", Tweakguides noted that two ] on ] had over 23,000 people downloading the game within 24 hours of its release.<ref name="Tweakguides: PC Game Piracy Examined: Page 8">{{cite web|author=Koroush Ghazi|url=http://www.tweakguides.com/Piracy_8.html|title=PC Game Piracy Examined: Page 8|publisher=Tweakguides|date=2008-12-11|accessdate=2012-12-03}}</ref> | |||
===2000s=== | |||
Ubisoft formally announced a return to online authentication on 9 February 2010 through its ] online gaming platform, starting with '']'', '']'', and '']''.<ref>{{cite web|author=Ubisoft|url=https://www.ubisoftgroup.com/en-US/press/detail.aspx?cid=tcm:99-30202-16&ctid=tcm:95-27313-32|title=Ubisoft Press Release|publisher=Ubisoft|date=February 9, 2010|accessdate=2010-03-04}}</ref> ''Silent Hunter 5'' was first reported to have been compromised within 24 hours of release,<ref>{{cite web|author=Nic Simmonds|url=http://www.mygaming.co.za/news/pc/5515-Ubisofts-contentious-DRM-scheme-already-hacked.html|title=Ubisoft's contentious DRM scheme already hacked|publisher=MyGaming|date=March 4, 2010|accessdate=2010-03-04}}</ref> but users of the cracked version soon found out that only early parts of the game were playable.<ref>{{cite web|author=Andy Chalk|url=http://www.escapistmagazine.com/news/view/98843-Ubisoft-Denies-Launch-Day-Crack-for-Silent-Hunter-5-DRM|title=Ubisoft Denies Launch Day Crack for Silent Hunter 5 DRM|publisher=Escapist Magazine|date=March 4, 2010|accessdate=2010-03-27}}</ref> The Uplay system works by having the installed game on the local PCs incomplete and then continuously downloading parts of the game-code from Ubisoft's servers as the game progresses.<ref>{{cite web|author=Ben Kuchera|url=http://arstechnica.com/gaming/news/2010/02/ubisoft-details-drm.ars|title=Official explanation of controversial Assassin's Creed 2 DRM|publisher=Escapist Magazine|date=February 18, 2010|accessdate=2010-03-27}}</ref> It was only more than a month after the PC release in the first week of April that software was released that could bypass Ubisoft's DRM in ''Assassin's Creed II'', demonstrating its strength. The software did this by emulating a Ubisoft server for the game. Later that month, a real crack was released that was able to remove the connection requirement altogether.<ref>{{cite web|url=http://www.tomshardware.com/news/assassins-creed-crack-hack-drm-ac2,10260.html|title=Ubisoft's DRM for Assassin's Creed II is Cracked|publisher=Tomshardware.com|date=23 April 2010|accessdate=2010-08-31}}</ref><ref>{{cite web|last=Lowensohn|first=Josh|url=http://news.cnet.com/8301-27076_3-20003120-248.html|title=Ubisoft's controversial 'always on' PC DRM hacked|publisher=News.cnet.com|date=21 April 2010|accessdate=2010-08-31}}</ref> | |||
The broadcast flag concept was developed by Fox Broadcasting in 2001, and was supported by the ] and the U.S. ] (FCC). A ruling in May 2005 by a ] held that the FCC lacked authority to impose it on the US TV industry. It required that all HDTVs obey a stream specification determining whether a stream can be recorded. This could block instances of fair use, such as ]. It achieved more success elsewhere when it was adopted by the ] (DVB), a consortium of about 250 broadcasters, manufacturers, network operators, software developers, and regulatory bodies from about 35 countries involved in attempting to develop new digital TV standards. | |||
In January 2001, the Workshop on Digital Rights Management of the ] was held.<ref>{{cite web |title=W3C Workshop – Digital Rights Management for the Web |url=http://www.w3.org/2000/12/drm-ws/Overview.html |url-status=live |archive-url=https://web.archive.org/web/20100211145937/http://www.w3.org/2000/12/drm-ws/Overview.html |archive-date=11 February 2010 |access-date=31 August 2010 |publisher=W3.org}}</ref> | |||
In early March 2010, Uplay servers suffered a period of inaccessibility due to a large-scale ], causing around 5% of game owners to become locked out of playing their game.<ref>{{cite web|author=John Leyden|url=http://www.theregister.co.uk/2010/03/08/ubisoft_anti_drm_hack_attack/|title=Ubisoft undone by anti-DRM DDoS storm|publisher=The Register|date=March 8, 2010|accessdate=2010-03-27}}</ref> The company later credited owners of the affected games with a free download, and there has been no further downtime.<ref>{{cite web|author=Andre Yoskowitz|url=http://www.afterdawn.com/news/article.cfm/2010/03/26/ubisoft_apologizes_to_users_affected_by_always_on_drm|title=Ubisoft apologizes to users affected by 'always on' DRM|publisher=Afterdawn|date=March 8, 2010|accessdate=2010-03-27}}</ref> | |||
On 22 May 2001, the European Union passed the Information Society Directive, with copyright protections. | |||
Other developers, such as ] are also shifting to a strategy where most of the game logic is on the "side" or taken care of by the servers of the game maker. Blizzard uses this strategy for its game ] and Electronic Arts used this same strategy with their reboot of ], the necessity of which has been questioned.<ref>{{cite web|author=Summer Walker|url=http://www.gamebreaker.tv/pc-games/simcity-modder-catches-ea-lying/|title=SimCity Modder Catches EA Lying|publisher=Gamebreaker TV|date=March 20, 2013|accessdate=2013-03-28}}</ref> | |||
In 2003, the ]/Information Society Standardization System (CEN/ISSS) DRM Report was published.<ref>{{cite web |title=Digital Rights Management |url=http://www.cenorm.be/cenorm/businessdomains/businessdomains/isss/activity/drm_fg.asp |archive-url=https://web.archive.org/web/20061005073900/http://www.cenorm.be/cenorm/businessdomains/businessdomains/isss/activity/drm_fg.asp |archive-date=5 October 2006 |publisher=] (CEN)}}</ref> | |||
====Software tampering==== | |||
] have used a form of technology since '']'', wherein if the game is suspected of being pirated, annoyances like guns losing their accuracy or the players being turned into a bird are introduced.<ref>{{cite web|author=Nathan Grayson|url=http://www.pcgamer.com/2011/11/17/interview-bohemia-interactives-ceo-on-fighting-piracy-creative-drm/|title=Interview: Bohemia Interactive's CEO on fighting piracy, creative DRM|publisher=pcgamer.com|date=November 17, 2011}}</ref> | |||
In 2004, the Consultation process of the European Commission, and the DG Internal Market, on the Communication COM(2004)261 by the European Commission on "Management of Copyright and Related Rights" closed.<ref>{{cite web |date=23 February 2009 |title=The address you requested is obsolete |url=http://europa.eu.int/comm/internal_market/copyright/management/management_en.htm |url-status=dead |archive-url=https://web.archive.org/web/20060422013330/http://europa.eu.int/comm/internal_market/copyright/management/management_en.htm |archive-date=22 April 2006 |access-date=31 August 2010 |publisher=Europa.eu.int |df=dmy-all}}</ref> | |||
], the company that released '']'' in November 2011, implemented a different form of DRM wherein, instead of displaying error messages that stop the pirated version of the game from running, it causes a special invincible foe in the game to appear and constantly attack the player until they are killed.<ref>{{cite web|author=John Walker|url=http://www.rockpapershotgun.com/2011/12/07/serious-sams-drm-is-a-giant-pink-scorpion/|title=Serious Sam's DRM Is A Giant Pink Scorpion|publisher=rockpapershotgun.com|date=December 7, 2011|accessdate=2011-12-09}}</ref><ref>{{cite web|author=socketboy|url=http://ve3d.ign.com/articles/news/63236/Serious-Sam-3-Non-Traditional-DRM-Solutions-Part-2|title=Serious Sam 3 Non-Traditional DRM Solutions Part 2|publisher=ign.com|date=December 8, 2011|accessdate=2011-12-09}}{{dead link|date=April 2014}}</ref> | |||
In 2005, DRM Workshops of ], and the work of the High Level Group on DRM were held.<ref>{{cite web |date=2005 |title=eEurope 2005 Action Plan |url=http://ec.europa.eu/information_society/eeurope/2005/all_about/action_plan/index_en.htm |url-status=dead |archive-url=https://web.archive.org/web/20060520194647/http://ec.europa.eu/information_society/eeurope/2005/all_about/action_plan/index_en.htm |archive-date=20 May 2006 |access-date=28 June 2018 |website=European Commission – Information Society – eEurope 2005}}</ref> | |||
===DRM and documents=== | |||
'''Enterprise digital rights management''' ('''E-DRM''' or '''ERM''') is the application of DRM technology to the control of access to corporate documents such as ], ], and ] files, emails, and ] web pages rather than to the control of consumer media.<ref>{{cite web|url=http://www.networkworld.com/news/tech/2006/121806techupdate.html|title="DRM vs. ERM: Battle to Control Data", Network World|accessdate=2008-04-02}}</ref> E-DRM, now more commonly referenced as IRM (]), is generally intended to prevent the unauthorized use (such as ] or inadvertent release) of proprietary documents. IRM typically integrates with ] system software but corporations such as ] also develop their own custom DRM systems.<ref>{{cite web|url=http://www.sds.samsung.com/popup/solution/epoint.jsp|title=NASCA is a DRM solution...|accessdate=2013-07-16}}</ref> | |||
In 2005, ] installed DRM software on users' computers without clearly notifying the user or requiring confirmation. Among other things, the software included a ], which created ]. When the nature of the software was made public much later, Sony BMG initially minimized the significance of the vulnerabilities, but eventually recalled millions of CDs, and made several attempts to patch the software to remove the rootkit. ]s were filed, which were ultimately settled by agreements to provide affected consumers with a cash payout or album downloads free of DRM.<ref>{{cite magazine |author=McMillan, Robert |date=23 May 2006 |title=Settlement Ends Sony Rootkit Case |url=http://www.pcworld.com/article/id,125838-page,1-c,unresolvedtechstandards/article.html |url-status=dead |magazine=] |archive-url=https://web.archive.org/web/20070930190832/http://www.pcworld.com/article/id,125838-page,1-c,unresolvedtechstandards/article.html |archive-date=30 September 2007 |access-date=8 April 2007}}</ref> | |||
DRM has been used by organizations such as the ] in its ] to permit worldwide access to substantial numbers of rare (and in many cases unique) documents which, for legal reasons, were previously only available to authorized individuals actually visiting the Library's document centre at Boston Spa in England.{{Citation needed|date=March 2007}} | |||
Microsoft's media player ] released in 2006 did not support content that used Microsoft's ] DRM scheme.<ref>{{cite web |date=19 September 2006 |title=Zune Won't Play Old DRM Infected Files |url=http://yro.slashdot.org/article.pl?sid=06/09/19/1342256 |url-status=live |archive-url=https://web.archive.org/web/20220216045215/https://slashdot.org/story/06/09/19/1342256/zune-wont-play-old-drm-infected-files |archive-date=16 February 2022 |access-date=19 September 2007 |publisher=slashdot.org}}</ref> | |||
===DRM and e-books=== | |||
] read on a personal computer or an ] typically use DRM technology to limit copying, printing, and sharing of e-books. E-books (alternatively “ebooks”) are usually limited to be used on a certain number of reading devices and some ]s prevent any copying or printing. Some commentators believe that DRM makes e-book publishing complex.<ref>{{cite web|url=http://www.tinhat.com/ebooks_epublishing/epublishers_drm.html|title=eBooks and Digital Rights Management (DRM), for ePublishers|author=TinHat|date=June 2006|accessdate=2008-05-28|publisher=tinhat.com}}</ref> | |||
], reads instructions from media files in a rights management language that states what the user may do with the media.<ref>{{cite book |author=Ross J. Anderson |url=https://archive.org/details/securityengineer00ande/page/705 |title=Security Engineering |year=2001 |isbn=0-471-38922-6 |page= |publisher=Wiley |author-link=Ross J. Anderson |url-access=registration}}</ref> Later versions of Windows Media DRM implemented music subscription services that make downloaded files unplayable after subscriptions are cancelled, along with the ability for a regional lockout.<ref>{{cite book |title=Security Engineering |publisher=WILEY |chapter=22: Copyright and DRM |access-date=12 May 2013 |chapter-url=http://www.cl.cam.ac.uk/~rja14/book.html |archive-url=https://web.archive.org/web/20110226114349/http://www.cl.cam.ac.uk/~rja14/book.html |archive-date=26 February 2011 |url-status=live}}</ref> Tools like ] strip Windows Media of DRM restrictions.<ref>{{cite web |title=Engadget FairUse4WM strips Windows Media DRM! |date=25 August 2006 |url=https://www.engadget.com/2006/08/25/fairuse4wm-strips-windows-media-drm |url-status=live |archive-url=https://web.archive.org/web/20060831134248/http://www.engadget.com/2006/08/25/fairuse4wm-strips-windows-media-drm/ |archive-date=31 August 2006 |access-date=25 August 2006}}</ref> | |||
There are five main ebook formats at present. ], ], Topaz,<ref>{{cite web|url=http://wiki.mobileread.com/Topaz|publisher=mobileread.com |work=Mobileread.com|title=Topaz|accessdate=21 August 2012}}</ref> ] and ]. The Amazon Kindle uses Mobipocket, KF8 and Topaz; it also supports native PDF format ebooks and native PDF files. Other ebook readers mostly use ePub format ebooks, but with differing DRM schemes. | |||
The Gowers Review of Intellectual Property by the British Government from ] was published in 2006 with recommendations regarding copyright terms, exceptions, orphaned works, and copyright enforcement. | |||
There are four main ebook DRM schemes in common use today, one each from Amazon, Adobe, Apple, and the Marlin Trust Management Organization (MTMO). | |||
* Amazon's DRM is an adaption of the original Mobipocket encryption, and is applied to Amazon's Mobipocket, KF8 and .azw4 format ebooks. Topaz format ebooks have their own encryption system. | |||
* Adobe's Adept DRM is applied to ePubs and PDFs, and can be read by several third-party ebook readers, as well as Adobe Digital Editions software. Barnes & Noble uses a DRM technology provided by Adobe, and is applied to ePubs and the older Palm format ebooks. In 2014, Adobe announced a new DRM scheme to replace the old one, to become available as soon as March 2014. | |||
* Apple's Fairplay DRM is applied to ePubs, and can currently only be read by Apple's iBooks app on iOS devices. | |||
* The Marlin DRM was developed and is maintained in an open industry group known as the Marlin Developer Community (MDC) and is licensed by MTMO. (Marlin was founded by five companies, ], Panasonic, Philips, Samsung and Sony.) The Kno online textbook publisher uses Marlin to protect ebooks it sells in the ePub format. These books can be read on the Kno App for iOS and Android tablets. | |||
DVB (]) is an updated variant of the broadcast flag. The technical specification was submitted to European governments in March 2007. As with much DRM, the CPCM system is intended to control use of copyrighted material by the end-user, at the direction of the copyright holder. According to Ren Bucholz of the ] (EFF), "You won't even know ahead of time whether and how you will be able to record and make use of particular programs or devices".<ref>{{cite web |title=Who Controls Your Television? |url=http://w2.eff.org/IP/DVB/dvb_briefing_paper.php |url-status=dead |archive-url=https://web.archive.org/web/20080129123215/http://w2.eff.org/IP/DVB/dvb_briefing_paper.php |archive-date=29 January 2008 |access-date=1 January 2008 |publisher=] |df=dmy-all}}</ref> The normative sections were approved for publication by the DVB Steering Board, and formalized by ] as a formal European Standard (TS 102 825-X) where X refers to the Part number. Nobody has yet stepped forward to provide a ] regime for the standard, so it is not presently possible to fully implement a system, as no supplier of device certificates has emerged. | |||
In one instance of DRM that caused a rift with consumers, ] remotely deleted purchased copies of ]'s '']'' and '']'' from customers' ]s after providing them a refund for the purchased products.<ref>{{cite news|url=http://www.nytimes.com/2009/07/18/technology/companies/18amazon.html|title=Amazon Erases Orwell Books From Kindle Devices|date=2009-07-18|publisher=New York Times|first=Brad|last=Stone|accessdate=2010-05-01}}</ref> Commentators have widely described these actions as ], and have alluded to ] from Orwell's ''Nineteen Eighty-Four''.<ref>{{cite news|url=http://pogue.blogs.nytimes.com/2009/07/17/some-e-books-are-more-equal-than-others/|title=Some E-Books Are More Equal Than Others|date=2009-07-17|publisher=New York Times|author=David Pogue}}</ref><ref>{{cite web|url=http://mashable.com/2009/07/17/amazon-kindle-1984/|title=Big Brother: Amazon Remotely Deletes 1984 From Kindles|date=July 17, 2009|author=Pete Cashmore}}</ref><ref>{{cite web|url=http://boingboing.net/2009/07/17/amazon-zaps-purchase.html|title=Amazon zaps purchased copies of Orwell's 1984 and Animal Farm from Kindles |date=July 17, 2009|author=Mark Frauenfelder}}</ref><ref>{{cite web|title=Amazon recalls (and embodies) Orwell's '1984'|url=http://news.cnet.com/8301-13860_3-10289983-56.html|date=July 17, 2009|author=Ina Fried}}</ref> After Amazon CEO ] issued a public apology, the ] wrote that this was just one more example of the excessive power Amazon has to remotely censor what people read through its software, and called upon Amazon to free its e-book reader and drop DRM.<ref>{{cite web|url=http://www.fsf.org/news/amazon-apologizes|title=Amazon's CEO Jeff Bezos apologizes for Kindle ebook deletion. Free Software Foundation calls upon Amazon to free the ebook reader.|date=July 23, 2009|author=]}}</ref> Amazon then revealed that the reason behind its deletion was the ebooks in question were unauthorized reproductions of Orwell's works, which were not within the public domain and to which the company that published and sold them on Amazon's service had no rights.<ref>{{cite web|url=http://arstechnica.com/tech-policy/news/2009/07/amazon-sold-pirated-books-raided-some-kindles.ars|title=Why Amazon went Big Brother on some Kindle e-books|date=July 17, 2009|publisher=]}}</ref> | |||
In December 2006, the industrial-grade ] (AACS) for ] and ]s, a process key was published by hackers, which enabled unrestricted access to AACS-protected content.<ref>{{cite web |author=Xeni Jardin |date=28 December 2006 |title=Report: HD-DVD copy protection defeated |url=http://www.boingboing.net/2006/12/28/report-hddvd-copy-pr.html |url-status=live |archive-url=https://web.archive.org/web/20071225075834/http://www.boingboing.net/2006/12/28/report-hddvd-copy-pr.html |archive-date=25 December 2007 |access-date=1 January 2008 |work=BoingBoing}}</ref><ref>{{cite web |author=Cory Doctorow |date=30 May 2007 |title=New AACS processing key leaks onto the net |url=http://www.boingboing.net/2007/05/30/new-aacs-processing-.html |archive-url=https://web.archive.org/web/20090124055806/http://www.boingboing.net/2007/05/30/new-aacs-processing-.html |archive-date=24 January 2009 |work=BoingBoing}}</ref> | |||
Websites including ] (shut down by court order on February 15, 2012), ] and Library Genesis have emerged which allow downloading ebooks by violating copyright.<ref>Kelty, Christopher M., "", ], March 1, 2012</ref> | |||
In January 2007, ] stopped publishing audio CDs with DRM, stating that "the costs of DRM do not measure up to the results."<ref>{{cite web |author=Marechal, Sander |date=9 January 2007 |title=DRM on audio CDs abolished |url=http://lxer.com/module/newswire/view/78008/index.html |url-status=live |archive-url=https://web.archive.org/web/20111108144136/http://lxer.com/module/newswire/view/78008/index.html |archive-date=8 November 2011 |access-date=9 January 2007}}</ref> In March, Musicload.de, one of Europe's largest internet music retailers, announced their position strongly against DRM. In an open letter, Musicload stated that three out of every four calls to their customer support phone service are as a result of consumer frustration with DRM.<ref>{{cite news |author=Ken Fisher |date=18 March 2007 |title=Musicload: 75% of customer service problems caused by DRM |publisher=Ars Technica |url=https://arstechnica.com/news.ars/post/20070318-75-percent-customer-problems-caused-by-drm.html |url-status=live |access-date=20 March 2007 |archive-url=https://web.archive.org/web/20070320204358/http://arstechnica.com/news.ars/post/20070318-75-percent-customer-problems-caused-by-drm.html |archive-date=20 March 2007}}</ref> | |||
===DRM and film=== | |||
An early example of a DRM system is the ] (CSS) employed by the ] on film ]s c. 1996. CSS uses an ] to encrypt content on the DVD disc. Manufacturers of DVD players must license this technology and implement it in their devices so that they can decrypt the encrypted content to play it. The CSS license agreement includes restrictions on how the DVD content is played, including what outputs are permitted and how such permitted outputs are made available. This keeps the encryption intact as the video material is played out to a TV. In 1999, ] released an application called ] which allowed a CSS-encrypted DVD to play on a computer running the ] operating system, at a time when no licensed DVD player application for Linux had yet been created. In the same year, Windows came out with ], which read instructions from media files in a rights management language that stated what the user may do with the media.<ref name="SecurityEngineeringRA">{{cite book | url=http://www.cl.cam.ac.uk/~rja14/book.html | author=] | title=Security Engineering | isbn = 0-471-38922-6 | page=705 }}</ref> The language can define how many times the media file can be played, if it can be burned to a CD, if it can be printed, forwarded, or saved to the local disk.<ref>{{cite web | url=http://www.directionsonmicrosoft.com/sample/DOMIS/update/2003/04apr/0403rmctte.htm|title=Rights Management comes to the Enterprise|accessdate=2013-06-22}}{{dead link|date=April 2014}}</ref> Later versions of Windows Media DRM also allow producers to declare whether or not the user may transfer the media file to other devices,<ref>{{cite web|url=http://windows.microsoft.com/en-us/windows7/windows-media-player-drm-frequently-asked-questions|title=Windows Media Player DRM: frequently asked questions|accessdate=2013-06-22}}</ref> to implement music subscription services that make downloaded files unplayable after canceled subscription, and implement ].<ref name="Ross" /> | |||
] made music DRM-free after April 2007<ref>{{cite web |title=Apple Unveils Higher Quality DRM-Free Music on the iTunes Store |url=https://www.apple.com/pr/library/2007/04/02itunes.html |url-status=dead |archive-url=https://web.archive.org/web/20070408155651/http://www.apple.com/pr/library/2007/04/02itunes.html |archive-date=8 April 2007 |access-date=13 September 2008}}</ref> and labeled all music as "DRM-Free" after 2008.<ref>{{cite web |date=30 May 2007 |title=Apple hides account info in DRM-free music, too |url=https://arstechnica.com/news.ars/post/20070530-apple-hides-account-info-in-drm-free-music-too.html |url-status=live |archive-url=https://web.archive.org/web/20080908050250/http://arstechnica.com/news.ars/post/20070530-apple-hides-account-info-in-drm-free-music-too.html |archive-date=8 September 2008 |access-date=13 September 2008}}</ref> Other works sold on iTunes such as apps, audiobooks, movies, and TV shows are protected by DRM.<ref>{{cite web |date=8 January 2009 |title=Apple announces all music on iTunes to go DRM-free – no word on movies, TV shows, games, audiobooks and applications |url=http://www.defectivebydesign.org/itunes-drm-free |url-status=live |archive-url=https://web.archive.org/web/20111125144927/http://www.defectivebydesign.org/itunes-drm-free |archive-date=25 November 2011 |access-date=25 July 2009}}</ref> | |||
Microsoft's ] contains a DRM system called the ], which contains the Protected Video Path (PVP). PVP tries to stop DRM-restricted content from playing while unsigned software is running in order to prevent the unsigned software from accessing the content. Additionally, PVP can encrypt information during transmission to the monitor or the graphics card, which makes it more difficult to make unauthorized recordings. | |||
A notable DRM failure happened in November 2007, when videos purchased from ] prior to 2006 became unplayable due to a change to the servers that validate the licenses.<ref>{{cite web |date=7 November 2007 |title=MLB Fans Who Bought DRM Videos Get Hosed |url=http://yro.slashdot.org/article.pl?sid=07/11/07/2014253 |url-status=live |archive-url=https://web.archive.org/web/20220216045215/https://news.slashdot.org/story/07/11/07/2014253/mlb-fans-who-bought-drm-videos-get-hosed |archive-date=16 February 2022 |access-date=8 November 2007 |publisher=slashdot.org}}</ref> | |||
] (AACS) is a DRM system for ] and ]s developed by the AACS Licensing Administrator, LLC (AACS LA), a ] that includes ], ], Microsoft, ] (Panasonic), ], ], ] and Sony. In December 2006 a process key was published on the internet by ], enabling unrestricted access to AACS-protected HD DVD content.<ref>{{cite web|url=http://www.boingboing.net/2006/12/28/report-hddvd-copy-pr.html|title=Report: HD-DVD copy protection defeated|author=Xeni Jardin|date=2006-12-28|work=BoingBoing|accessdate=2008-01-01}}</ref> After the cracked keys were revoked, further cracked keys were released.<ref>{{cite web|url=http://www.boingboing.net/2007/05/30/new-aacs-processing-.html|title=New AACS processing key leaks onto the net|author=Cory Doctorow|date=2007-05-30|work=BoingBoing|accessdate=2008-01-01}}{{dead link|date=April 2014}}</ref> | |||
In 2007, the European Parliament supported the EU's direction on copyright protection. | |||
] is a technology that is developed and maintained in an open industry group known as the Marlin Developer Community (MDC) and licensed by the Marlin Trust Management Organization (MTMO). Founded in 2005 by five companies: Intertrust, Panasonic, Philips, Samsung, and Sony, Marlin DRM has been deployed in multiple places around the world. In Japan the acTVila IPTV service uses Marlin to encrypt video streams, which are permitted to be recorded on a DVR in the home. In Europe, Philips NetTVs implement Marlin DRM. Also in Europe, Marlin DRM is required in such industry groups as the ] and national initiatives such as YouView in the UK, Tivu in Italy, and HDForum in France, which are starting to see broad deployments. | |||
] released a soundcard which features a function called "Analog Loopback Transformation" to bypass the restrictions of DRM. This feature allows the user to record DRM-restricted audio via the soundcard's built-in analog I/O connection.<ref>{{cite web |date=6 June 2007 |title=Computex 2007: ASUS Showcases New Generation Audio Card |url=http://www.techpowerup.com/forums/threads/computex-2007-asus-showcases-new-generation-audio-card.32449/ |url-status=live |archive-url=https://web.archive.org/web/20150109002358/http://www.techpowerup.com/forums/threads/computex-2007-asus-showcases-new-generation-audio-card.32449/ |archive-date=9 January 2015 |access-date=28 December 2014 |work=www.techpowerup.com}}</ref><ref>{{cite web |date=1 August 2007 |title=PC Pro Product Reviews Asus Xonar D2 |url=http://www.pcpro.co.uk/reviews/121497/asus-xonar-d2.html |url-status=dead |archive-url=https://web.archive.org/web/20090531023636/http://www.pcpro.co.uk/reviews/121497/asus-xonar-d2.html |archive-date=31 May 2009 |access-date=20 February 2012 |publisher=Pcpro.co.uk}}</ref> | |||
===DRM and music=== | |||
] ] (formerly Good Old Games) specializes in ] ]s and has a strict non-DRM policy.<ref>{{cite web |last=Caron |first=Frank |date=9 September 2008 |title=First look: GOG revives classic PC games for download age |url=https://arstechnica.com/gaming/news/2008/09/first-look-gog-revives-classic-pc-games-for-download-age.ars |url-status=live |archive-url=https://web.archive.org/web/20211220150816/https://arstechnica.com/gaming/2008/09/first-look-gog-revives-classic-pc-games-for-download-age/ |archive-date=20 December 2021 |access-date=27 December 2012 |publisher=Ars Technica |quote= focuses on bringing old, time-tested games into the downloadable era with low prices and no DRM.}}</ref> | |||
====Audio CDs==== | |||
Discs with DRM schemes are not standards-compliant ]s (CDs) but are rather ] media. Therefore they all lack the CD logotype found on discs which follow the standard (known as ]). These CDs can not be played on all ]s or personal computers. Personal computers running ] sometimes even crash when attempting to play the CDs.<ref>{{cite web|author=Lewis, Rita|title=What is DRM and Why Should I Care?|date=January 8, 2008|publisher=Firefox News|accessdate=July 10, 2008|url=http://firefox.org/news/articles/1045/1/What-is-DRM-and-why-should-I-care/Page1.html}}</ref> | |||
] and ], dropped DRM prior to 2012, when ], a major publisher of science fiction and fantasy books, first sold DRM-free ]s.<ref>{{cite web |date=24 April 2012 |title=Tor/Forge E-book Titles to Go DRM-Free |url=http://www.tor.com/blogs/2012/04/torforge-e-book-titles-to-go-drm-free |url-status=live |archive-url=https://web.archive.org/web/20180309172101/https://www.tor.com/2012/04/24/torforge-e-book-titles-to-go-drm-free/ |archive-date=9 March 2018 |access-date=24 April 2012 |publisher=Tor.com}}</ref> | |||
In 2005, ] which installed DRM software on users' computers without clearly notifying the user or requiring confirmation. Among other things, the installed software included a ], which created a severe security vulnerability others could exploit. When the nature of the DRM involved was made public much later, Sony BMG initially minimized the significance of the vulnerabilities its software had created, but was eventually compelled to recall millions of CDs, and released several attempts to patch the surreptitiously included software to at least remove the rootkit. Several ]s were filed, which were ultimately settled by agreements to provide affected consumers with a cash payout or album downloads free of DRM.<ref>{{cite web|author=McMillan, Robert|title=Settlement Ends Sony Rootkit Case|date=May 23, 2006|publisher=]|accessdate=April 8, 2007|url=http://www.pcworld.com/article/id,125838-page,1-c,unresolvedtechstandards/article.html}}</ref> | |||
The ] project completed in 2008. It was a European Commission Integrated Project of the FP6, has as its main goal automating content production, ], and distribution, to reduce the related costs, and to support DRM at both B2B and B2C areas, harmonizing them. | |||
] actually had only a limited ability to prevent copying, as it affected only playback on Windows computers, not on other equipment. Even on the Windows platform, users regularly bypassed the restrictions. And, while the Sony BMG DRM technology created fundamental vulnerabilities in customers' computers, parts of it could be trivially bypassed by holding down the "shift" key while inserting the CD, or by disabling the ] feature. In addition, audio tracks could simply be played and re-recorded, thus completely bypassing all of the DRM (this is known as the ]). Sony BMG's first two attempts at releasing a ] which would remove the DRM software from users' computers failed. | |||
The ] project was a dialogue on consumer acceptability of DRM solutions in Europe that completed in 2008. | |||
In January 2007, ] stopped publishing audio CDs with DRM, stating that "the costs of DRM do not measure up to the results."<ref>{{cite web|author=Marechal, Sander|url=http://lxer.com/module/newswire/view/78008/index.html|title=DRM on audio CDs abolished|date=January 9, 2007}}</ref> Following EMI, ] was the last publisher to abolish DRM completely, and audio CDs containing DRM are no longer released by the four record labels.<ref>{{cite web | |||
|author=Holahan, Catherine|url=http://www.businessweek.com/technology/content/jan2008/tc2008013_398775.htm|title=Sony BMG Plans to Drop DRM|date=January 4, 2008}}</ref> | |||
In mid-2008, the ] version of '']'' marked the start of a wave of titles primarily making use of ] for DRM and requiring authentication with a server. The use of the DRM scheme in 2008's '']'' led to protests, resulting in searches for an unlicensed version. This backlash against the activation limit led ''Spore'' to become the most pirated game in 2008, topping the top 10 list compiled by ].<ref>{{cite web |author=Ernesto |date=4 December 2008 |title=Top 10 Most Pirated Games of 2008 |url=http://torrentfreak.com/top-10-most-pirated-games-of-2008-081204/ |url-status=live |archive-url=https://web.archive.org/web/20090220140559/http://torrentfreak.com/top-10-most-pirated-games-of-2008-081204/ |archive-date=20 February 2009 |access-date=24 November 2011 |publisher=TorrentFreak}}</ref><ref>{{cite magazine |author=Andy Greenberg |author2=Mary Jane Irwin |date=12 September 2008 |title=Spore's Piracy Problem |url=https://www.forbes.com/2008/09/12/spore-drm-piracy-tech-security-cx_ag_mji_0912spore.html |url-status=live |magazine=Forbes |archive-url=https://web.archive.org/web/20081107032515/https://www.forbes.com/2008/09/12/spore-drm-piracy-tech-security-cx_ag_mji_0912spore.html |archive-date=7 November 2008 |access-date=22 October 2011}}</ref> However, ''Tweakguides'' concluded that DRM does not appear to increase video game piracy, noting that other games on the list, such as '']'' and '']'', use DRM without limits or online activation. Additionally, other video games that use DRM, such as '']'', '']'', and ''Mass Effect'', do not appear on the list.<ref>{{cite web |author=Koroush Ghazi |date=14 December 2008 |title=PC Game Piracy Examined: Page 4 |url=http://www.tweakguides.com/Piracy_4.html |url-status=dead |archive-url=https://web.archive.org/web/20191028160743/https://www.tweakguides.com/Piracy_4.html |archive-date=28 October 2019 |access-date=24 November 2011 |publisher=Tweakguides}}</ref> | |||
====Internet music==== | |||
Many internet music stores employ DRM to restrict usage of music purchased and downloaded. | |||
* Prior to 2009, Apple's iTunes Store utilized the ] DRM system for music. Apple did not license its DRM to other companies, so only Apple devices and Apple’s ] media player could play iTunes music.<ref name="Ross" /><ref name="opensource1"/> In May 2007, EMI tracks became available in ''iTunes Plus'' format at a higher price point. These tracks were higher quality (256 kbit/s) and DRM free. In October 2007, the cost of iTunes Plus tracks was lowered to US$0.99.<ref>{{cite web|url=http://arstechnica.com/journals/apple.ars/2007/10/15/itunes-plus-drm-free-tracks-expanding-dropping-to-99-cents|title=iTunes Plus DRM-free tracks expanding, dropping to 99 cents|work=Apple News from ARS Technica|accessdate=2007-10-16|date=2007-10-16}}</ref> In April 2009, all iTunes music became available completely DRM-free. (Videos sold and rented through iTunes, as well as iOS Apps, however, were to continue using Apple's FairPlay DRM.) | |||
* ] offers a subscription-based approach to DRM alongside permanent purchases. Users of the subscription service can download and stream an unlimited amount of music transcoded to ] while subscribed to the service. But when the subscription period lapses, all of the downloaded music is unplayable until the user renews his or her subscription. Napster also charges users who wish to use the music on their portable device an additional $5 per month. In addition, Napster gives users the option of paying an additional $0.99 per track to burn it to CD or for the song to never expire. Music bought through Napster can be played on players carrying the ] logo (which, notably, do not include ]s or even Microsoft's own ]). As of June 2009, Napster is offering DRM free MP3 music, which can be played on iPhones and iPods. | |||
* Wal-Mart Music Downloads, another music download store, charges $0.94 per track for all non-sale downloads. All Wal-Mart downloads are able to be played on any Windows PlaysForSure marked product. The music does play on the ]'s ] ], for example, but must be copied to the player's ]. It cannot be played through the player's ] card slot, which is a problem that many users of the mp3 player experience. | |||
* Sony operated a music download service called "]" which used Sony's proprietary ] DRM technology. Music downloaded from this store (usually via Sony's ] software) was only playable on computers running Microsoft Windows and Sony hardware (including the ] and some ] phones). | |||
* ] is one of a few services offering a subscription-based pricing model. However, music downloads from the Kazaa website are DRM-protected, and can only be played on computers or portable devices running Windows Media Player, and only as long as the customer remains subscribed to Kazaa. | |||
Many mainstream publishers continued to rely on ] DRM throughout the later half of 2008 and early 2009, including ], ], ], and ], '']'' being a notable exception in the case of Electronic Arts.<ref>{{cite web |date=29 March 2009 |title=The Sims 3 Will Not Use DRM: News from |url=http://www.1up.com/do/newsStory?cId=3173495 |url-status=dead |archive-url=https://archive.today/20120719012143/http://www.1up.com/do/newsStory?cId=3173495 |archive-date=19 July 2012 |access-date=31 August 2010 |publisher=1UP.com}}</ref> Ubisoft broke with the tendency to use online DRM in late 2008, with the release of ''Prince of Persia'' as an experiment to "see how truthful people really are" regarding the claim that DRM was inciting people to use illegal copies.<ref>{{cite web |last=Kuchera |first=Ben |date=12 December 2008 |title=PC Prince of Persia contains no DRM. It's a trap! |url=https://arstechnica.com/gaming/news/2008/12/pc-prince-of-persia-contains-no-drm-its-a-trap.ars |url-status=live |archive-url=https://web.archive.org/web/20100703115740/http://arstechnica.com/gaming/news/2008/12/pc-prince-of-persia-contains-no-drm-its-a-trap.ars |archive-date=3 July 2010 |access-date=31 August 2010 |publisher=Arstechnica.com}}</ref> Although Ubisoft has not commented on the results of the "experiment", Tweakguides noted that two ] on ] had over 23,000 people downloading the game within 24 hours of its release.<ref>{{cite web |author=Koroush Ghazi |date=11 December 2008 |title=PC Game Piracy Examined: Page 8 |url=http://www.tweakguides.com/Piracy_8.html |url-status=dead |archive-url=https://web.archive.org/web/20191105161132/https://www.tweakguides.com/Piracy_8.html |archive-date=5 November 2019 |access-date=3 December 2012 |publisher=Tweakguides}}</ref> | |||
The various services are currently not interoperable, though those that use the same DRM system (for instance the several Windows Media DRM format stores, including Napster, Kazaa and Yahoo Music) all provide songs that can be played side-by-side through the same player program. Almost all stores require client software of some sort to be downloaded, and some also need ]. Several colleges and ], such as ], have made arrangements with assorted Internet music suppliers to provide access (typically DRM-restricted) to music files for their students, to less than universal popularity, sometimes making payments from student activity fee funds.<ref name="freelegal&ignored">{{cite news|url=http://online.wsj.com/public/article/SB115214899486099107-vuoIhGUthiYcFwsQK0DjegSRPwQ_20070706.html|title=Free, Legal and Ignored|author=Nick Timeraos|work=] (Wall Street Journal)|date=July 6, 2006|accessdate=2006-11-27}}</ref> One of the problems is that the music becomes unplayable after leaving school unless the student continues to pay individually. Another is that few of these vendors are compatible with the most common portable music player, the Apple iPod. The ] (to HMG in the UK; 141 pages, 40+ specific recommendations) has taken note of the incompatibilities, and suggests (Recommendations 8—12) that there be explicit ] exceptions to copyright allowing libraries to copy and format-shift between DRM schemes, and further allowing end users to do the same privately. If adopted, some of the acrimony may decrease. | |||
In 2009, ] remotely deleted purchased copies of ]'s '']'' (1945) and '']'' (1949) from customers' ]s after refunding the purchase price.<ref>{{cite news |last=Stone |first=Brad |date=18 July 2009 |title=Amazon Erases Orwell Books From Kindle Devices |newspaper=New York Times |url=https://www.nytimes.com/2009/07/18/technology/companies/18amazon.html |url-status=live |access-date=1 May 2010 |archive-url=https://web.archive.org/web/20100410001949/http://www.nytimes.com/2009/07/18/technology/companies/18amazon.html |archive-date=10 April 2010}}</ref> Commentators described these actions as ] and compared Amazon to ] from ''Nineteen Eighty-Four''.<ref>{{cite news |author=David Pogue |date=17 July 2009 |title=Some E-Books Are More Equal Than Others |newspaper=New York Times |url=http://pogue.blogs.nytimes.com/2009/07/17/some-e-books-are-more-equal-than-others/ |url-status=live |access-date=25 July 2009 |archive-url=https://web.archive.org/web/20110709143707/http://pogue.blogs.nytimes.com/2009/07/17/some-e-books-are-more-equal-than-others/ |archive-date=9 July 2011}}</ref><ref>{{cite web |author=Pete Cashmore |date=17 July 2009 |title=Big Brother: Amazon Remotely Deletes 1984 From Kindles |url=http://mashable.com/2009/07/17/amazon-kindle-1984/ |url-status=live |archive-url=https://web.archive.org/web/20111103001444/http://mashable.com/2009/07/17/amazon-kindle-1984/ |archive-date=3 November 2011 |access-date=25 July 2009 |website=]}}</ref><ref>{{cite web |author=Mark Frauenfelder |date=17 July 2009 |title=Amazon zaps purchased copies of Orwell's 1984 and Animal Farm from Kindles |url=http://boingboing.net/2009/07/17/amazon-zaps-purchase.html |url-status=live |archive-url=https://web.archive.org/web/20090720140146/http://www.boingboing.net/2009/07/17/amazon-zaps-purchase.html |archive-date=20 July 2009 |access-date=25 July 2009}}</ref><ref>{{cite web |author=Ina Fried |date=17 July 2009 |title=Amazon recalls (and embodies) Orwell's '1984' |url=http://news.cnet.com/8301-13860_3-10289983-56.html |url-status=dead |archive-url=https://web.archive.org/web/20110929143324/http://news.cnet.com/8301-13860_3-10289983-56.html |archive-date=29 September 2011 |access-date=25 July 2009}}</ref> Amazon CEO ] then issued a public apology. FSF wrote that this was an example of the excessive power Amazon has to remotely censor content, and called upon Amazon to drop DRM.<ref>{{cite web |author=Free Software Foundation |author-link=Free Software Foundation |date=23 July 2009 |title=Amazon's CEO Jeff Bezos apologizes for Kindle ebook deletion. Free Software Foundation calls upon Amazon to free the ebook reader. |url=http://www.fsf.org/news/amazon-apologizes |url-status=live |archive-url=https://web.archive.org/web/20090726012920/http://www.fsf.org/news/amazon-apologizes |archive-date=26 July 2009 |access-date=25 July 2009}}</ref> Amazon then revealed the reason behind its deletion: the e-books in question were unauthorized reproductions of Orwell's works, which were not within the ] and that the company that published and sold on Amazon's service had no right to do so.<ref>{{cite web |date=17 July 2009 |title=Why Amazon went Big Brother on some Kindle e-books |url=https://arstechnica.com/tech-policy/news/2009/07/amazon-sold-pirated-books-raided-some-kindles.ars |url-status=live |archive-url=https://web.archive.org/web/20090720060850/http://arstechnica.com/tech-policy/news/2009/07/amazon-sold-pirated-books-raided-some-kindles.ars |archive-date=20 July 2009 |access-date=14 June 2017 |publisher=]}}</ref> | |||
Although DRM is prevalent for Internet music, some ] such as ], ], ], and ], do not use DRM despite encouraging users to avoid sharing music. Major labels have begun releasing more music without DRM. Eric Bangeman suggests in Ars Technica that this is because the record labels are "slowly beginning to realize that they can't have DRMed music and complete control over the online music market at the same time... One way to break the cycle is to sell music that is playable on any digital audio player. eMusic does exactly that, and their surprisingly extensive catalog of non-DRMed music has vaulted it into the number two online music store position behind the iTunes Store."<ref>{{cite web|url=http://arstechnica.com/news.ars/post/20061206-8368.html|title=Testing DRM-free waters: EMI selling a few MP3s through Yahoo Music|author=Eric Bangeman|publisher=Ars Technica|date=December 6, 2006}}</ref> Apple's ] called on the music industry to eliminate DRM in an open letter titled ].<ref>{{cite web|url=http://macdailynews.com/2007/02/06/apple_ceo_steve_jobs_posts_rare_open_letter_thoughts_on_music/|author=Steve Jobs|title=Thoughts on Music}}</ref> Apple's iTunes Store will start to sell DRM-free 256 kbit/s (up from 128 kbit/s) ] encoded music from EMI for a premium price (this has since reverted to the standard price). | |||
===2010{{spaced ndash}}present=== | |||
In March 2007, Musicload.de, one of Europe's largest internet music retailers, announced their position strongly against DRM. In an open letter, Musicload stated that three out of every four calls to their customer support phone service are as a result of consumer frustration with DRM.<ref>{{cite news|author=Ken Fisher|date=March 18, 2007|title=Musicload: 75% of customer service problems caused by DRM|publisher=Ars Technica|url=http://arstechnica.com/news.ars/post/20070318-75-percent-customer-problems-caused-by-drm.html|accessdate=2007-03-20}}</ref> | |||
Ubisoft formally announced a return to online authentication on 9 February 2010, through its ] online game platform, starting with '']'', '']'', and '']''.<ref>{{cite web |author=Ubisoft |date=9 February 2010 |title=Ubisoft Press Release |url=https://www.ubisoftgroup.com/en-US/press/detail.aspx?cid=tcm:99-30202-16&ctid=tcm:95-27313-32 |url-status=live |archive-url=https://web.archive.org/web/20150109004559/https://www.ubisoftgroup.com/en-US/press/detail.aspx?cid=tcm:99-30202-16&ctid=tcm:95-27313-32 |archive-date=9 January 2015 |access-date=4 March 2010 |publisher=Ubisoft}}</ref> ''Silent Hunter 5'' was first reported to have been compromised within 24 hours of release,<ref>{{cite web |author=Nic Simmonds |date=4 March 2010 |title=Ubisoft's contentious DRM scheme already hacked |url=http://www.mygaming.co.za/news/pc/5515-Ubisofts-contentious-DRM-scheme-already-hacked.html |url-status=live |archive-url=https://web.archive.org/web/20100307182638/http://www.mygaming.co.za/news/pc/5515-Ubisofts-contentious-DRM-scheme-already-hacked.html |archive-date=7 March 2010 |access-date=4 March 2010 |publisher=MyGaming}}</ref> but users of the cracked version soon found out that only early parts of the game were playable.<ref>{{cite web |author=Andy Chalk |date=4 March 2010 |title=Ubisoft Denies Launch Day Crack for Silent Hunter 5 DRM |url=http://www.escapistmagazine.com/news/view/98843-Ubisoft-Denies-Launch-Day-Crack-for-Silent-Hunter-5-DRM |url-status=live |archive-url=https://web.archive.org/web/20100408121141/http://www.escapistmagazine.com/news/view/98843-Ubisoft-Denies-Launch-Day-Crack-for-Silent-Hunter-5-DRM |archive-date=8 April 2010 |access-date=27 March 2010 |publisher=Escapist Magazine}}</ref> The Uplay system works by having the installed game on the local PCs incomplete and then continuously downloading parts of the game code from Ubisoft's servers as the game progresses.<ref>{{cite web |author=Ben Kuchera |date=18 February 2010 |title=Official explanation of controversial Assassin's Creed 2 DRM |url=https://arstechnica.com/gaming/news/2010/02/ubisoft-details-drm.ars |url-status=live |archive-url=https://web.archive.org/web/20120303211937/http://arstechnica.com/gaming/news/2010/02/ubisoft-details-drm.ars |archive-date=3 March 2012 |access-date=27 March 2010 |publisher=Escapist Magazine}}</ref> It was more than a month after the PC release in the first week of April that software was released that could bypass Ubisoft's DRM in ''Assassin's Creed II''. The software did this by emulating a Ubisoft server for the game. Later that month, a real crack was released that was able to remove the connection requirement altogether.<ref>{{cite web |date=23 April 2010 |title=Ubisoft's DRM for Assassin's Creed II is Cracked |url=http://www.tomshardware.com/news/assassins-creed-crack-hack-drm-ac2,10260.html |url-status=live |archive-url=https://archive.today/20120919152151/http://www.tomshardware.com/news/assassins-creed-crack-hack-drm-ac2,10260.html |archive-date=19 September 2012 |access-date=31 August 2010 |publisher=Tomshardware.com}}</ref><ref>{{cite web |last=Lowensohn |first=Josh |date=21 April 2010 |title=Ubisoft's controversial 'always on' PC DRM hacked |url=http://news.cnet.com/8301-27076_3-20003120-248.html |url-status=live |archive-url=https://web.archive.org/web/20101201123105/http://news.cnet.com/8301-27076_3-20003120-248.html |archive-date=1 December 2010 |access-date=31 August 2010 |publisher=News.cnet.com}}</ref> | |||
=====Mobile Ring Tones===== | |||
The ] created a standard for interoperable DRM on mobile devices. The first version of OMA DRM consisted of a simple rights management language and was widely used to protect mobile phone ringtones from being copied from the phone to other devices. Later versions expanded the rights management language to similar expressiveness as Fairplay, but did not become widely used.<ref name="Ross" /> | |||
In March 2010, Uplay servers suffered a period of inaccessibility due to a large-scale ], causing around 5% of game owners to become locked out of playing their game.<ref>{{cite web |author=John Leyden |date=8 March 2010 |title=Ubisoft undone by anti-DRM DDoS storm |url=https://www.theregister.co.uk/2010/03/08/ubisoft_anti_drm_hack_attack/ |url-status=live |archive-url=https://web.archive.org/web/20100312223742/http://www.theregister.co.uk/2010/03/08/ubisoft_anti_drm_hack_attack/ |archive-date=12 March 2010 |access-date=27 March 2010 |website=The Register}}</ref> The company later credited owners of the affected games with a free download, and there has been no further downtime.<ref>{{cite web |author=Andre Yoskowitz |date=8 March 2010 |title=Ubisoft apologizes to users affected by 'always on' DRM |url=http://www.afterdawn.com/news/article.cfm/2010/03/26/ubisoft_apologizes_to_users_affected_by_always_on_drm |url-status=live |archive-url=https://web.archive.org/web/20100328235520/http://www.afterdawn.com/news/article.cfm/2010/03/26/ubisoft_apologizes_to_users_affected_by_always_on_drm |archive-date=28 March 2010 |access-date=27 March 2010 |publisher=Afterdawn}}</ref> | |||
===DRM and television=== | |||
The ] standard is used by cable television providers in the United States to restrict content to services to which the customer has subscribed. | |||
In 2011, comedian ] released his ] '']'' as an inexpensive (US$5), DRM-free download. The only attempt to deter unlicensed copies was a letter emphasizing the lack of corporate involvement and direct relationship between artist and viewer. The film was a commercial success, turning a profit within 12 hours of its release. The artist suggested that piracy rates were lower than normal as a result, making the release an important case study for the digital marketplace.<ref>{{cite web |date=13 December 2011 |title=Louis CK: Live at the Beacon Theater |url=https://buy.louisck.net/news/a-statement-from-louis-c-k |url-status=dead |archive-url=https://web.archive.org/web/20120516115209/http://buy.louisck.net/news/a-statement-from-louis-c-k |archive-date=16 May 2012 |access-date=7 January 2012 |publisher=Buy.louisck.net}}</ref><ref>{{cite magazine |last=Ingram |first=Mathew |date=14 December 2011 |title=What Louis C.K. Knows That Most Media Companies Don't |url=https://www.bloomberg.com/news/articles/2011-12-14/what-louis-c-dot-k-dot-knows-that-most-media-companies-dont |url-status=live |magazine=Businessweek |archive-url=https://web.archive.org/web/20170103161314/https://www.bloomberg.com/news/articles/2011-12-14/what-louis-c-dot-k-dot-knows-that-most-media-companies-dont |archive-date=3 January 2017 |access-date=7 January 2012}}</ref><ref>{{cite news |author=chris hannay |date=6 September 2012 |title=Why Louis C.K.'s big payday proves the Internet has ethics |newspaper=The Globe and Mail |url=https://www.theglobeandmail.com/technology/tech-news/why-louis-cks-big-payday-proves-the-internet-has-ethics/article4181150/ |url-status=live |access-date=7 January 2012 |archive-url=https://web.archive.org/web/20121103202631/http://www.theglobeandmail.com/technology/tech-news/why-louis-cks-big-payday-proves-the-internet-has-ethics/article4181150/ |archive-date=3 November 2012}}</ref> | |||
The ] concept was developed by Fox Broadcasting in 2001 and was supported by the ] and the U.S. ] (FCC). A ruling in May 2005 by a US Court of Appeals held that the FCC lacked authority to impose it on the TV industry in the US. It required that all HDTVs obey a stream specification determining whether or not a stream can be recorded. This could block instances of fair use, such as ]. It achieved more success elsewhere when it was adopted by the ] (DVB), a consortium of about 250 broadcasters, manufacturers, network operators, software developers, and regulatory bodies from about 35 countries involved in attempting to develop new digital TV standards. | |||
In 2012, the ] ruled in favor of reselling copyrighted games.<ref name="pcgamer">{{cite web |date=3 July 2012 |title=European Court of Justice rules on the right to sell your digital games and licenses |url=http://www.pcgamer.com/2012/07/03/european-court-of-justice-rules-on-the-right-to-sell-your-digital-games-and-licenses/ |url-status=live |archive-url=https://web.archive.org/web/20140531104922/http://www.pcgamer.com/2012/07/03/european-court-of-justice-rules-on-the-right-to-sell-your-digital-games-and-licenses/ |archive-date=31 May 2014 |access-date=8 October 2014 |work=PC Gamer}}</ref> | |||
An updated variant of the broadcast flag has been developed in the Content Protection and Copy Management group under DVB (]). Upon publication by DVB, the technical specification was submitted to European governments in March 2007. As with much DRM, the CPCM system is intended to control use of copyrighted material by the end-user, at the direction of the copyright holder. According to Ren Bucholz of the ], which paid to be a member of the consortium, "You won't even know ahead of time whether and how you will be able to record and make use of particular programs or devices".<ref>{{cite web|url=http://w2.eff.org/IP/DVB/dvb_briefing_paper.php|title=Who Controls Your Television?|work=Electronic Frontier Foundation|accessdate=2008-01-01}}</ref> The DVB claims that the system will harmonize copyright holders' control across different technologies, thereby making things easier for end users.{{citation needed|date=December 2011}} The normative sections have now all been approved for publication by the DVB Steering Board, and will be published by ETSI as a formal European Standard as ETSI TS 102 825-X where X refers to the Part number of specification. Nobody has yet stepped forward to provide a ] regime for the standard (though several are rumoured to be in development), so it is not presently possible to fully implement a system, as there is nowhere to obtain the necessary device certificates. | |||
In 2012, India implemented digital rights management protection.<ref name="AGARWAL">{{cite web |last=AGARWAL |first=DEVIKA AGARWAL & RADHIKA |title=Needless pressure to change copyright laws |url=https://www.thehindubusinessline.com/opinion/needless-pressure-to-change-copyright-laws/article8557036.ece |url-status=live |archive-url=https://web.archive.org/web/20180926190436/https://www.thehindubusinessline.com/opinion/needless-pressure-to-change-copyright-laws/article8557036.ece |archive-date=26 September 2018 |access-date=16 May 2018 |website=@businessline|date=4 May 2016}}</ref><ref name="Thomas">{{citation |first=Zakir |last=Thomas |title=Overview of Changes to Indian Copyright Law |date=2012 |volume=17 |journal=Journal of Intellectual Property Rights |pages=324–334, 332 |url=http://nopr.niscair.res.in/bitstream/123456789/14460/1/JIPR%2017(4)%20324-334.pdf |archive-url=https://web.archive.org/web/20190819052522/http://nopr.niscair.res.in/bitstream/123456789/14460/1/JIPR%2017(4)%20324-334.pdf |archive-date=19 August 2019}}</ref><ref name="Scaria">{{citation |first=Arul George |last=Scaria |title=Does India Need Digital Rights Management Provisions or Better Digital Business Management Strategies? |date=2012 |volume=17 |journal=Journal of Intellectual Property Rights |pages=463–477, 465 |url=http://nopr.niscair.res.in/bitstream/123456789/14771/1/JIPR%2017%285%29%20463-477.pdf |archive-url=https://web.archive.org/web/20180516174600/http://nopr.niscair.res.in/bitstream/123456789/14771/1/JIPR%2017%285%29%20463-477.pdf |archive-date=16 May 2018}}</ref> | |||
===Metadata=== | |||
Sometimes, ] is included in purchased media which records information such as the purchaser's name, account information, or email address. Also included may be the file's publisher, author, creation date, download date, and various notes. This information is not embedded in the played content, like a watermark, but is kept separate, but within the file or stream. | |||
In 2012, ] '']'' released a DRM-free PDF e-book.<ref>{{cite web |date=17 January 2012 |title=A New DRM-free Experiment: Diesel Sweeties |url=http://news.cnet.com/8301-30685_3-57359936-264/a-new-drm-free-experiment-diesel-sweeties/ |url-status=live |archive-url=https://web.archive.org/web/20120311124558/http://news.cnet.com/8301-30685_3-57359936-264/a-new-drm-free-experiment-diesel-sweeties/ |archive-date=11 March 2012 |access-date=17 February 2012 |publisher=news.cnet.com}}</ref><ref>{{cite web |title=Diesel Sweeties Webcomics Ebook |url=http://www.dieselsweeties.com/ebooks// |url-status=live |archive-url=https://web.archive.org/web/20120221105815/http://www.dieselsweeties.com/ebooks/ |archive-date=21 February 2012 |access-date=17 February 2012 |publisher=www.dieselsweeties.com}}</ref><ref>{{cite web |date=17 January 2012 |title=Free PDF of the first Diesel Sweeties comic collection |url=http://boingboing.net/2012/01/17/free-pdf-of-the-first-diesel-s.html |url-status=live |archive-url=https://web.archive.org/web/20120226183646/http://boingboing.net/2012/01/17/free-pdf-of-the-first-diesel-s.html |archive-date=26 February 2012 |access-date=17 February 2012 |publisher=boingboing.net}}</ref> He followed this with a DRM-free iBook specifically for the iPad<ref>{{cite web |date=23 January 2012 |title=An Experiment in iBookery |url=http://www.dieselsweeties.com/blog/?p=737 |url-status=dead |archive-url=https://web.archive.org/web/20120407180255/http://www.dieselsweeties.com/blog/?p=737 |archive-date=7 April 2012 |access-date=17 February 2012 |publisher=dieselsweeties.com}}</ref> that generated more than 10,000 downloads in three days.<ref name="dieselsweeties740">{{cite web |date=26 January 2012 |title=iBooks Follow-up |url=http://www.dieselsweeties.com/blog/?p=740 |url-status=dead |archive-url=https://web.archive.org/web/20120130163103/http://www.dieselsweeties.com/blog/?p=740 |archive-date=30 January 2012 |access-date=17 February 2012 |publisher=dieselsweeties.com}}</ref> That led Stevens to launch a ] project – "ebook stravaganza 3000" – to fund the conversion of 3,000 comics, written over 12 years, into a single "humongous" e-book to be released both for free and through the iBookstore; launched 8 February 2012, with the goal of raising $3,000 in 30 days. The "payment optional" DRM-free model in this case was adopted on Stevens' view that "there is a class of webcomics reader who would prefer to read in large chunks and, even better, would be willing to spend a little money on it."<ref name="dieselsweeties740" /> | |||
As an example, metadata is used in media purchased from Apple's iTunes Store for DRM-free as well as DRM-restricted versions of their music or videos. This information is included as MPEG standard metadata.<ref>{{cite web|url=http://www.engadget.com/2007/05/31/itunes-plus-drm-free-not-free-of-annoying-glitches/|title=Tunes Plus DRM-free, not free of annoying glitches|publisher=]}}</ref><ref>{{cite web|url=http://playlistmag.com/weblogs/ipodblog/2007/06/ituneswatermark/index.php|publisher=]|title=Watermarked iTunes files}}{{dead link|date=January 2014}}</ref> | |||
In February 2012, ] asked for ] for an upcoming video game, '']'', on ] and offered the game DRM-free for backers. This project exceeded its original goal of $400,000 in 45 days, raising in excess of $2 million.<ref name="videogamer">{{cite web |date=16 February 2012 |title=Double Fine's adventure game will be DRM free for backers |url=http://www.videogamer.com/news/double_fines_adventure_game_will_be_drm_free_for_backers.html |url-status=live |archive-url=https://web.archive.org/web/20180818150748/https://www.videogamer.com/news/double_fines_adventure_game_will_be_drm_free_for_backers.html |archive-date=18 August 2018 |access-date=17 February 2012 |publisher=videogamer.com}}</ref> Crowdfunding acted as a ] or alternatively as a ]. After the success of ''Double Fine Adventure'', many games were crowd-funded and many offered a DRM-free version.<ref> on theinquirer.net</ref><ref> {{Webarchive|url=https://web.archive.org/web/20180818214529/https://www.techspot.com/news/51884-civitas-the-drm-free-alternative-to-simcity-hits-kickstarter.html|date=18 August 2018}} on techspot.com</ref><ref> {{Webarchive|url=https://web.archive.org/web/20170626193112/http://www.technologytell.com/gaming/93169/kitaru-kickstarter-supporters-get-drm-free-copy-of-the-game/|date=26 June 2017}} on technologytell.com</ref> | |||
===Watermarks=== | |||
] are features of media that are added during production or distribution. Digital watermarks involve data that is arguably ] embedded within the audio or video data. | |||
Websites{{snd}}such as ] (shut down by court order on 15 February 2012), BookFi, ], ], and ]{{snd}}allowed e-book downloading by violating copyright.<ref>{{cite news |author=Kelty, Christopher M. |date=1 March 2012 |title=The disappearing virtual library |work=] |url=http://www.aljazeera.com/indepth/opinion/2012/02/2012227143813304790.html |url-status=live |access-date=22 March 2013 |archive-url=https://web.archive.org/web/20130314204623/http://www.aljazeera.com/indepth/opinion/2012/02/2012227143813304790.html |archive-date=14 March 2013}}</ref><ref>{{cite web |date=2 November 2015 |title=Court Orders Shutdown of Libgen, Bookfi, and Sci-Hub |url=https://torrentfreak.com/court-orders-shutdown-of-libgen-bookfi-and-sci-hub-151102 |url-status=live |archive-url=https://web.archive.org/web/20151104105150/https://torrentfreak.com/court-orders-shutdown-of-libgen-bookfi-and-sci-hub-151102/ |archive-date=4 November 2015 |access-date=5 November 2015 |website=torrentfreak.com}}</ref><ref>{{Cite journal |last1=Schiermeier |first1=Quirin |year=2015 |title=Pirate research-paper sites play hide-and-seek with publishers |url=http://www.nature.com/news/pirate-research-paper-sites-play-hide-and-seek-with-publishers-1.18876 |url-status=live |journal=Nature |doi=10.1038/nature.2015.18876 |archive-url=https://web.archive.org/web/20151206032713/http://www.nature.com/news/pirate-research-paper-sites-play-hide-and-seek-with-publishers-1.18876 |archive-date=6 December 2015 |access-date=6 December 2015 |s2cid=188158277}}</ref><ref>{{cite web |date=21 November 2015 |title=Sci-hub, bookfi and libgen resurface after being shut down |url=https://torrentfreak.com/sci-hub-and-libgen-resurface-after-being-shut-down-151121/ |url-status=live |archive-url=https://web.archive.org/web/20200504205320/https://torrentfreak.com/sci-hub-and-libgen-resurface-after-being-shut-down-151121/ |archive-date=4 May 2020 |access-date=7 January 2016 |publisher=TorrentFreak}}</ref> | |||
Watermarks can be used for different purposes that may include: | |||
* recording the copyright owner | |||
* recording the distributor | |||
* recording the distribution chain | |||
* identifying the purchaser of the music | |||
As of 2013, other developers, such as ] put most of the game logic is on the "side" or taken care of by the servers of the game maker. Blizzard uses this strategy for its game '']'' and Electronic Arts used this same strategy with their reboot of ], the necessity of which has been questioned.<ref>{{cite web |author=Summer اWalker |date=20 March 2013 |title=SimCity Modder Catches EA Lying |url=http://www.gamebreaker.tv/pc-games/simcity-modder-catches-ea-lying/ |url-status=dead |archive-url=https://web.archive.org/web/20130325231454/http://www.gamebreaker.tv/pc-games/simcity-modder-catches-ea-lying/ |archive-date=25 March 2013 |access-date=28 March 2013 |publisher=Gamebreaker TV}}</ref> | |||
Watermarks are not complete DRM mechanisms in their own right, but are used as part of a system for copyright enforcement, such as helping provide prosecution evidence for purely legal avenues of rights management, rather than direct technological restriction. Some programs used to edit video and/or audio may distort, delete, or otherwise interfere with watermarks. Signal/modulator-carrier chromatography may also separate watermarks from original audio or detect them as glitches. Additionally, comparison of two separately obtained copies of audio using simple, home-grown algorithms can often reveal watermarks. New methods of detection are currently under investigation by both industry and non-industry researchers. | |||
In 2014, the ] ruled that circumventing DRM on game devices was legal under some circumstances.<ref name="techdirt">{{cite web |title=Europe's Highest Court Says DRM Circumvention May Be Lawful in Certain Circumstances |url=http://www.techdirt.com/articles/20140123/08532725967/europes-highest-court-says-drm-circumvention-may-be-lawful-certain-circumstances.shtml |url-status=live |archive-url=https://web.archive.org/web/20141016165933/https://www.techdirt.com/articles/20140123/08532725967/europes-highest-court-says-drm-circumvention-may-be-lawful-certain-circumstances.shtml |archive-date=16 October 2014 |access-date=8 October 2014 |work=Techdirt.|date=23 January 2014}}</ref><ref name="escapistmagazine">{{cite web |date=23 January 2014 |title=DRM Circumvention May Be Legal, European Union Court Rules |url=http://www.escapistmagazine.com/news/view/131597-DRM-Circumvention-May-Be-Legal-European-Union-Court-Rules |url-status=live |archive-url=https://web.archive.org/web/20141012104236/http://www.escapistmagazine.com/news/view/131597-DRM-Circumvention-May-Be-Legal-European-Union-Court-Rules |archive-date=12 October 2014 |access-date=8 October 2014 |work=The Escapist}}</ref> | |||
==Laws regarding DRM== | |||
{{globalize|section|date=November 2012}} | |||
In 2014, digital comic distributor ] allowed rights holders to provide the option of DRM-free downloads. Publishers that allow this include ], ], ], ], and ].<ref>{{cite news |date=25 July 2014 |title=Amazon's comixology introduces DRM-free downloads |work=The Guardian |url=https://www.theguardian.com/technology/2014/jul/25/amazon-comixology-drm-free-downloads-walking-dead-sex-criminals-darkness-comics |url-status=live |access-date=30 July 2014 |archive-url=https://web.archive.org/web/20140729184150/http://www.theguardian.com/technology/2014/jul/25/amazon-comixology-drm-free-downloads-walking-dead-sex-criminals-darkness-comics |archive-date=29 July 2014}}</ref> | |||
DRM systems have received some international legal backing by implementation of the 1996 ] (WCT). Article 11 of the Treaty requires nations party to the treaties to enact laws against DRM circumvention. | |||
In February 2022, Comixology, which was later under the ownership of Amazon, ended the option of downloading DRM-free downloads on all comics, although any comics previously purchased prior to the date will have the option to download comics without DRM.<ref>{{Cite tweet |user=comiXology |number=1492222215139459072 |title=15/. For now, we're retiring DRM-free downloads. Previous purchases with downloadable content will continue to be downloadable from http://amazon.com, so no need to rush. Your DRM-free downloads can now be found here: https://amazon.com/comixology/account |date=11 February 2022}}</ref><ref>{{cite news|last=Espósito|first=Filipe|title=Comixology app gets major update, but users don't seem to like it|url=https://9to5mac.com/2022/02/17/comixology-app-gets-major-update-but-users-dont-seem-to-like-it/|work=9To5Mac|date=February 17, 2023}}</ref> | |||
The WCT has been implemented in most member states of the ]. The American implementation is the ] (DMCA), while in Europe the treaty has been implemented by the 2001 ], which requires member states of the ] to implement legal protections for technological prevention measures. {{As of|2006|alt=In 2006}}, the lower house of the French parliament adopted such legislation as part of the controversial ] law, but added that protected DRM techniques should be made interoperable, a move which caused widespread controversy in the United States. | |||
==Technologies== | |||
===Digital Millennium Copyright Act=== | |||
{{Main|Digital Millennium Copyright Act}} | |||
The Digital Millennium Copyright Act (DMCA) is an amendment to ] ], passed unanimously on May 14, 1998, which criminalizes the production and dissemination of technology that allows users to circumvent technical copy-restriction methods. Under the Act, circumvention of a technological measure that effectively controls access to a work is illegal if done with the primary intent of violating the rights of copyright holders.{{Verify source|date=March 2010}} (For a more detailed analysis of the statute, see ].) | |||
===Verification=== | |||
Reverse engineering of existing systems is expressly permitted under the Act under specific conditions. Under the reverse engineering safe harbor, circumvention necessary to achieve interoperability with other software is specifically authorized. See 17 U.S.C. Sec. 1201(f). Open-source software to decrypt content scrambled with the Content Scrambling System and other encryption techniques presents an intractable problem with the application of the Act. Much depends on the intent of the actor. If the decryption is done for the purpose of achieving interoperability of open source operating systems with proprietary operating systems, the circumvention would be protected by Section 1201(f) the Act. Cf., Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001) at notes 5 and 16. However, dissemination of such software for the purpose of violating or encouraging others to violate copyrights has been held illegal. See Universal City Studios, Inc. v. Reimerdes, 111 F. Supp. 2d 346 (S.D.N.Y. 2000). | |||
====Product keys==== | |||
The DMCA has been largely ineffective in protecting DRM systems,<ref>{{cite web|url=http://boingboing.net/2007/03/24/dmcas_author_says_th.html|title=DMCA's author says the DMCA is a failure, blames record industry|first=Cory|last=Doctorow|date=2007-03-24|accessdate=2011-01-12}}</ref> as software allowing users to circumvent DRM remains widely available. However, those who wish to preserve the DRM systems have attempted to use the Act to restrict the distribution and development of such software, as in the case of DeCSS. | |||
A ], typically an alphanumerical string, can represent a license to a particular copy of software. During the installation process or software launch, the user is asked to enter the key; if the key is valid (typically via internal algorithms), the key is accepted, and the user can continue. Product keys can be combined with other DRM practices (such as online "activation"), to prevent ] the software to run without a product key, or using a ] to generate acceptable keys. | |||
====Activation limits==== | |||
Although the Act contains an exception for research, the exception is subject to vague qualifiers that do little to reassure researchers. Cf., 17 U.S.C. Sec. 1201(g). The DMCA has had an impact on ], because many {{Who|date=March 2010}} fear that cryptanalytic research may violate the DMCA. The arrest of Russian programmer ] in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use to prevent or penalize development of anti-DRM measures. Sklyarov was arrested in the United States after a presentation at ], and subsequently spent several months in jail. The DMCA has also been cited as chilling to non-criminal inclined users, such as students of ] (including, in a well-known instance, Professor Felten and students at ]<ref>{{cite web|url=http://cryptome.org/sdmi-attack.htm|title=RIAA challenges SDMI attack|date=2002-01-07|accessdate=2007-02-26}}</ref>), and security consultants such as the Netherlands based ], who has declined to publish information about vulnerabilities he discovered in an ] secure-computing scheme because of his concern about being arrested under the DMCA when he travels to the US. | |||
DRM can limit the number of devices on which a legal user can install content.<ref name="Coates">{{Cite journal |last=Coates |first=Shannon Kathleen |last2=Abroshan |first2=Hossein |date=2023-11-29 |title=Guideline for the Production of Digital Rights Management (DRM) |url=https://aircconline.com/ijsptm/V12N4/12423ijsptm03.pdf |journal=International Journal of Security, Privacy and Trust Management |volume=12 |issue=3/4 |pages=31–45 |doi=10.5121/ijsptm.2023.12403}}</ref> This restriction typically support 3-5 devices. This affects users who have more devices than the limit. Some allow one device to be replaced with another. Without this software and hardware upgrades may require an additional purchase. | |||
=== |
====Persistent online DRM==== | ||
{{main|Always-on DRM}} | |||
Always-on DRM checks and rechecks authorization while the content is in use by interacting with a server operated by the copyright holder. In some cases, only part of the content is actually installed, while the rest is downloaded dynamically during use. | |||
On 22 May 2001, the European Union passed the ], an implementation of the 1996 WIPO Copyright Treaty that addressed many of the same issues as the DMCA. | |||
===Encryption=== | |||
On 25 April 2007 the European Parliament supported the first directive of EU, which aims to harmonize criminal law in the member states. It adopted a first reading report on harmonizing the national measures for fighting copyright abuse. If the European Parliament and the Council approve the legislation, the submitted directive will oblige the member states to consider a crime a violation of international copyright committed with commercial purposes. The text suggests numerous measures: from fines to imprisonment, depending on the gravity of the offense. | |||
Encryption alters content in a way that means that it cannot be used without first decrypting it.<ref name="Coates" /> Encryption can ensure that other restriction measures cannot be bypassed by modifying software, so DRM systems typically rely on encryption in addition to other techniques. | |||
===Copy restriction=== | |||
The EP members supported the Commission motion, changing some of the texts. They excluded patent rights from the range of the directive and decided that the sanctions should apply only to offenses with commercial purposes. Copying for personal, non-commercial purposes was also excluded from the range of the directive. | |||
] warning that a file is "copyright protected"]] | |||
] prevents illicit copying of multimedia and other files.<ref>{{Cite web |last=Kim |first=Daniel |date=2019-08-30 |title=PlayReady DRM - 5 Things to Know About DRM Technology |url=https://pallycon.com/blog/5-things-you-need-to-know-about-multi-drm-technology-part-1/ |access-date=2021-03-11 |website=PallyCon |language=en-US}}</ref> | |||
Restrictions can be applied to ] and documents, in order to prevent copying, printing, forwarding, and creating backup copies. This is common for both ]s and enterprise ]. It typically integrates with ] system software.<ref>{{cite web|url=http://www.sds.samsung.com/popup/solution/epoint.jsp|title=NASCA is a DRM solution...|access-date=16 July 2013|archive-date=15 November 2013|archive-url=https://web.archive.org/web/20131115034406/http://www.sds.samsung.com/popup/solution/epoint.jsp|url-status=live}}</ref> | |||
===International issues=== | |||
In Europe, there are several ongoing dialog activities that are characterized by their consensus-building intention: | |||
* Workshop on Digital Rights Management of the ] (W3C), January 2001.<ref>{{cite web|url=http://www.w3.org/2000/12/drm-ws/Overview.html|title=W3C Workshop - Digital Rights Management for the Web|publisher=W3.org|accessdate=2010-08-31}}</ref> | |||
* Participative preparation of the ]/Information Society Standardization System (CEN/ISSS) DRM Report, 2003 (finished).<ref>{{dead link|date=August 2010}}</ref> | |||
* DRM Workshops of ] (finished), and the work of the DRM ]s (finished), as well as the work of the High Level Group on DRM (ongoing).<ref>European Commission - Information Society - eEurope 2005 - eEurope 2005 Action Plan http://collection.europarchive.org/dnb/20070405123415/ec.europa.eu/information_society/eeurope/2005/all_about/action_plan/index_en.htm</ref> | |||
* Consultation process of the European Commission, DG Internal Market, on the Communication COM(2004)261 by the European Commission on "Management of Copyright and Related Rights" (closed).<ref>{{cite web|url=http://europa.eu.int/comm/internal_market/copyright/management/management_en.htm|title=The address you requested is obsolete|publisher=Europa.eu.int|date=2009-02-23|accessdate=2010-08-31}}</ref> | |||
* The ] project is an ongoing dialogue on consumer acceptability of DRM solutions in Europe. It is an open and neutral platform for exchange of facts and opinions, mainly based on articles by authors from science and practice. | |||
* The ] project is a European Commission Integrated Project of the FP6. The main goal of AXMEDIS is automating the content production, copy protection and distribution, reducing the related costs and supporting DRM at both B2B and B2C areas harmonizing them. | |||
* The Gowers Review of Intellectual Property is the result of a commission by the British Government from ], undertaken in December 2005 and published in 2006, with recommendations regarding copyright term, exceptions, orphaned works, and copyright enforcement. | |||
While some commentators claim that DRM complicates e-book publishing,<ref>{{cite web|url=http://www.tinhat.com/ebooks_epublishing/epublishers_drm.html|title=eBooks and Digital Rights Management (DRM), for ePublishers|author=TinHat|date=June 2006|publisher=tinhat.com|access-date=28 May 2008|archive-date=9 June 2008|archive-url=https://web.archive.org/web/20080609112125/http://www.tinhat.com/ebooks_epublishing/epublishers_drm.html|url-status=live}}</ref> it has been used by organizations such as the ] in its ] to permit worldwide access to rare documents which, for legal reasons, were previously only available to authorized individuals actually visiting the Library's document centre.<ref>{{cite conference |last1= Braid |first1= Andrew |title= The use of a Digital Rights Management System for Document Supply |book-title= 71th IFLA General Conference and Council |publisher= ] |date= 22 June 2005 |url= http://202.206.214.254:8089/GYZJ/NEPAPER/papers/096e-Braid.pdf |url-status= dead |archive-url= https://web.archive.org/web/20160611154507/http://202.206.214.254:8089/GYZJ/NEPAPER/papers/096e-Braid.pdf |archive-date= 11 June 2016 |df= dmy-all}}</ref><ref>{{cite web |url=http://www.locklizard.com/libraries-secure-electronic-delivery/ |title=Practical problems for libraries distributing ebooks & secure electronic delivery |publisher=LockLizard |date=2016 |access-date=11 May 2016 |archive-date=3 June 2016 |archive-url=https://web.archive.org/web/20160603175051/http://www.locklizard.com/libraries-secure-electronic-delivery/ |url-status=live}}</ref><ref>{{cite web |url=http://www.bl.uk/help/how-to-open-your-on-demand-order |title=How to open your on Demand order |publisher=] |date=1 April 2014 |access-date=11 May 2016 |archive-date=3 June 2016 |archive-url=https://web.archive.org/web/20160603192046/http://www.bl.uk/help/how-to-open-your-on-demand-order |url-status=live}}</ref> | |||
===Israel=== | |||
Four main e-book DRM schemes are in common use, from ], Amazon, ], and the Marlin Trust Management Organization (MTMO). | |||
Israel is a signatory to, but has not yet ratified, the WIPO Copyright Treaty. Israeli law does not currently expressly prohibit the circumvention of technological measures used to implement digital rights management. The Israeli Ministry of Justice proposed a bill to prohibit such activities in June 2012, but the bill was not passed by the Knesset. In September 2013, the Supreme Court ruled that the current copyright law could not be interpreted to prohibit the circumvention of digital rights management, though the Court left open the possibility that such activities could result in liability under the law of unjust enrichment.<ref>{{cite web|url=http://israeltechnologylaw.wordpress.com/2014/02/16/no-digital-rights-management-here/|title=Israel Technology Law Blog - No Digital Rights Management Here}}</ref> | |||
*Adobe's DRM is applied to EPUBs and PDFs, and can be read by several third-party e-book readers, as well as ] (ADE) software. ] uses DRM technology provided by Adobe, applied to EPUBs and the older ] format e-books. | |||
==Opposition to DRM== | |||
*Amazon's DRM is an adaption of the original ] encryption and is applied to Amazon's <code>.azw4</code>, KF8, and Mobipocket format e-books. Topaz format e-books have their own encryption system.<ref>{{cite web|url=https://wiki.mobileread.com/Topaz|title=MobileRead Wiki – Topaz|website=wiki.mobileread.com|access-date=4 February 2019|archive-date=4 February 2019|archive-url=https://web.archive.org/web/20190204174456/https://wiki.mobileread.com/Topaz|url-status=live}}</ref> | |||
] logo.]] | |||
*Apple's ] DRM is applied to EPUBs and can be read only by Apple's ] app on ] devices and ] computers.{{Citation needed|date=October 2017}} | |||
*The Marlin DRM was developed and is maintained by open industry group Marlin Developer Community (MDC) and is licensed by MTMO. (Marlin was founded by ], Panasonic, Philips, Samsung, and Sony.) Online textbook publisher ] uses Marlin to protect EPUB books. These books can be read on the Kno App for iOS and ]. | |||
===Runtime restrictions=== | |||
Many organizations, prominent individuals, and computer scientists are opposed to DRM. Two notable DRM critics are ], as expressed for instance, in his article "]: How Big brother and big media can put the Internet genie back in the bottle",<ref>{{cite web|url=http://www.fourmilab.ch/documents/digital-imprimatur/|title=The Digital Imprimatur: How big brother and big media can put the Internet genie back in the bottle.|first=John|last=Walker|date=September 13, 2003}}</ref> and ] in his article ''The Right to Read''<ref>{{cite web|author=]|url=https://www.gnu.org/philosophy/right-to-read.html|title=The Right to Read}}</ref> and in other public statements: "DRM is an example of a malicious feature - a feature designed to hurt the user of the software, and therefore, it's something for which there can never be toleration".<ref>{{cite web|url=http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html|title=Transcript of Opening session of first international GPLv3 conference|date=January 16, 2006|first=Ciaran|last=O'Riordan}}</ref> Professor ] of Cambridge University heads a British organization which opposes DRM and similar efforts in the UK and elsewhere. ], a prominent writer and technology blogger, spoke on the Microsoft campus criticizing the technology, the morality, and the marketing of DRM.<ref name=Doctorow /> | |||
] contains a DRM system called ], which contains Protected Video Path (PVP).<ref>{{Cite web |last1=drewbatgit |last2=v-kents |last3=DCtheGeek |last4=msatranjr |title=Protected Media Path - Win32 apps |url=https://learn.microsoft.com/en-us/windows/win32/medfound/protected-media-path |access-date=2022-11-05 |website=learn.microsoft.com |date=3 March 2021 |language=en-us}}</ref> PVP tries to stop DRM-restricted content from playing while unsigned software is running, in order to prevent the unsigned software from accessing the content. Additionally, PVP can encrypt information during transmission to the ] or the ], which makes it more difficult to make unauthorized recordings. | |||
] have used a form of technology since '']'', wherein if the game copy is suspected of being unauthorized, annoyances like guns losing their accuracy or the players turning into a bird are introduced.<ref>{{cite web|url=http://www.pcgamer.com/2011/11/17/interview-bohemia-interactives-ceo-on-fighting-piracy-creative-drm/|title=Interview: Bohemia Interactive's CEO on fighting piracy, creative DRM|author=Nathan Grayson|date=17 November 2011|publisher=pcgamer.com|access-date=5 January 2012|archive-date=7 January 2012|archive-url=https://web.archive.org/web/20120107120010/http://www.pcgamer.com/2011/11/17/interview-bohemia-interactives-ceo-on-fighting-piracy-creative-drm|url-status=live}}</ref> ]'s '']'' causes a special invincible foe in the game to appear and constantly attack the player until they are killed.<ref>{{cite web|url=http://www.rockpapershotgun.com/2011/12/07/serious-sams-drm-is-a-giant-pink-scorpion/|title=Serious Sam's DRM Is A Giant Pink Scorpion|author=John Walker|date=7 December 2011|publisher=rockpapershotgun.com|access-date=9 December 2011|archive-date=8 December 2011|archive-url=https://web.archive.org/web/20111208162958/http://www.rockpapershotgun.com/2011/12/07/serious-sams-drm-is-a-giant-pink-scorpion/|url-status=live}}</ref><ref>{{cite web|url=http://ve3d.ign.com/articles/news/63236/Serious-Sam-3-Non-Traditional-DRM-Solutions-Part-2|title=Serious Sam 3 Non-Traditional DRM Solutions Part 2|author=socketboy|date=8 December 2011|publisher=ign.com|archive-url=https://web.archive.org/web/20120216132324/http://ve3d.ign.com/articles/news/63236/Serious-Sam-3-Non-Traditional-DRM-Solutions-Part-2|archive-date=16 February 2012|url-status=dead|access-date=9 December 2011}}</ref> | |||
There have been numerous others who see DRM at a more fundamental level. argues that DRM-free music allows for viral marketing, arguing that independent artists benefit from "free marketing" and can then focus on revenues from higher margin products like merchandise and concert ticket sales. This is similar to some of the ideas in Michael H. Goldhaber's presentation about "The Attention Economy and the Net" at a 1997 conference on the "Economics of Digital Information."<ref name="Goldhaber">{{cite web|url=http://www.firstmonday.org/issues/issue2_4/goldhaber/#dep18|title=The Attention Economy and the Net|accessdate=28 July 2008}}</ref> (sample quote from the "Advice for the Transition" section of that presentation:<ref name="Goldhaber"/> "If you can't figure out how to afford it without charging, you may be doing something wrong.") | |||
===Regional lockout=== | |||
The EFF and similar organizations such as ] also hold positions which are characterized as opposed to DRM. | |||
{{Main|Regional lockout}}Regional lockout (or region coding) prevents the use of a certain product or service, except in a specific region or territory. Lockout may be enforced through physical means, through technological means such as inspecting the user's ] or using an identifying code, or through unintentional means introduced by devices that support only region-specific technologies (such as ], i.e., ] and ]). | |||
===Tracking=== | |||
The ] has criticized DRM's impact as a ] from a ] perspective. | |||
====Watermarks==== | |||
] can be ] embedded within audio or video data. They can be used for recording the copyright owner, the distribution chain or identifying the purchaser. They are not complete DRM mechanisms in their own right, but are used as part of a system for copyright enforcement, such as helping provide evidence for legal purposes, rather than enforcing restrictions.<ref>{{Cite journal|last1=Wolf|first1=Patrick|last2=Steinebach|first2=Martin|last3=Diener|first3=Konstantin|date=2007-02-27|editor-last=Yagüe|editor-first=Mariemma|title=Complementing DRM with digital watermarking: mark, search, retrieve|journal=Online Information Review|language=en|volume=31|issue=1|pages=10–21|doi=10.1108/14684520710731001|issn=1468-4527}}</ref> | |||
Some audio/video editing programs may distort, delete, or otherwise interfere with watermarks. Signal/modulator-carrier ] may separate watermarks from the recording or detect them as glitches. Additionally, comparison of two separately obtained copies of audio using basic algorithms can reveal watermarks.{{citation needed|date=June 2017}} | |||
The final version of the ] version 3, as released by the Free Software Foundation, has a provision that 'strips' DRM of its legal value, so people can break the DRM on GPL software without breaking laws like the ]. Also, in May 2006, the FSF launched a "]" campaign against DRM.<ref>{{cite web|url=http://www.fsf.org/licensing/licenses/gpl-faq.html#DRMProhibited|title=Frequently Asked Questions about the GNU Licenses - GNU Project - Free Software Foundation|publisher=FSF|date=2010-07-28|accessdate=2010-08-31}}</ref><ref>{{cite web|url=http://www.defectivebydesign.org/|title=The Campaign to Eliminate DRM|publisher=DefectiveByDesign.org|accessdate=2010-08-31}}</ref> | |||
====Metadata==== | |||
] provides licensing options encouraging the expansion of and building upon creative work without the use of DRM.<ref>{{cite web|url=http://wiki.creativecommons.org/FAQ#Is_Creative_Commons_involved_in_digital_rights_management_.28DRM.29.3F|title=Frequently Asked Questions - CcWiki|accessdate=2006-11-22|date=2006-11-09}}</ref> In addition, the use of DRM by a licensee to restrict the freedoms granted by a Creative Commons license is a breach of the Baseline Rights asserted by each license.<ref>{{cite web|url=http://wiki.creativecommons.org/Baseline_Rights|title=Baseline Rights - Creative Commons Wiki|accessdate=2007-12-23|date=2007-07-13}}</ref> | |||
Sometimes, ] is included in purchased media which records information such as the purchaser's name, account information, or email address. Also included may be the file's publisher, author, creation date, download date, and various notes. This information is not embedded in the content, as a watermark is. It is kept separate from the content, but within the file or stream. | |||
As an example, metadata is used in media purchased from iTunes for DRM-free as well as DRM-restricted content. This information is included as ] standard metadata.<ref>{{cite web|url=https://www.engadget.com/2007/05/31/itunes-plus-drm-free-not-free-of-annoying-glitches/|title=Tunes Plus DRM-free, not free of annoying glitches|date=31 May 2007 |publisher=]|access-date=26 August 2017|archive-date=11 August 2018|archive-url=https://web.archive.org/web/20180811032526/https://www.engadget.com/2007/05/31/itunes-plus-drm-free-not-free-of-annoying-glitches/|url-status=live}}</ref><ref>{{cite magazine|title=Watermarked iTunes files|url=https://www.macworld.com/article/1058178/ituneswatermark.html|magazine=]|access-date=17 April 2020|archive-date=29 July 2020|archive-url=https://web.archive.org/web/20200729214840/https://www.macworld.com/article/1058178/ituneswatermark.html|url-status=live}}</ref> | |||
Bill Gates spoke about DRM at CES in 2006. According to him, DRM is not where it should be, and causes problems for legitimate consumers while trying to distinguish between legitimate and illegitimate users.<ref>{{cite web|url=http://www.techcrunch.com/2006/12/14/bill-gates-on-the-future-of-drm/|title=Bill Gates On The Future Of DRM.}}</ref> | |||
===Hardware=== | |||
According to ], Apple opposes DRM music after a public letter calling its music labels to stop requiring DRM on its iTunes Store. As of January 6, 2009, the iTunes Store is DRM-free for songs.<ref name="iTunes is DRM-free">{{cite web|url=http://www.apple.com/pr/library/2009/01/06itunes.html|title=Changes Coming to the iTunes Store|author=apple.com|date=2009-01-06|accessdate=2009-03-08}}</ref> However, Apple considers DRM on video content as a separate issue and has not removed DRM from all of its video catalog. | |||
US ] ]es require a specific piece of hardware to operate. The ] standard is used to restrict content to services to which the customer is subscribed. Content has an embedded ] that the card examines to decide whether the content can be viewed by a specific user. | |||
] member protesting DRM on May 25, 2007.]] | |||
==Implementations== | |||
The Norwegian Consumer rights organization "Forbrukerrådet" complained to Apple Inc. in 2007 about the company's use of DRM in, and in conjunction with, its iPod and iTunes products. Apple was accused of restricting users' access to their music and videos in an unlawful way, and of using ]s which conflict with Norwegian consumer legislation. The complaint was supported by consumers' ] in Sweden and Denmark, and is currently being reviewed in the EU. Similarly, the United States ] held hearings in March 2009 to review disclosure of DRM limitations to customers' use of media products.<ref>{{cite web|url=https://secure.commentworks.com/ftc-DRMtechnologies/|title=FTC Town Hall to Address Digital Rights Management Technologies|accessdate=2009-01-15|publisher=]}}{{dead link|date=April 2014}}</ref> | |||
{{div col|colwidth=16em}} | |||
{{anchor|Examples of implementations of DRM technologies}} | |||
*] (Macrovision) | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] (XCP) | |||
*] (CSS) | |||
*] | |||
*] (AACS) | |||
*] (CPRM) | |||
*] | |||
*] (HDCP) | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] ] (HTML EME, often implemented with ]) | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
*] | |||
{{div col end}} | |||
In addition, platforms such as ] may include DRM mechanisms. Most of the mechanisms above are ] mechanisms rather than DRM mechanisms per se. | |||
==Laws== | |||
The use of DRM may also be a barrier to future historians, since technologies designed to permit data to be read only on particular machines, or with particular keys, or for certain periods, may well make future data recovery impossible – see ]. | |||
{{more citations needed section|date=May 2014}} | |||
{{globalize|section|date=November 2012}} | |||
The ] supports the ] (WCT) which requires nations to enact laws against DRM circumvention. The WIPO Internet Treaties do not mandate criminal sanctions, merely requiring "effective legal remedies".<ref>Urs Gasser, 'Legal Frameworks and Technological Protection Measures: Moving towards a Best Practices Model' Research Publication No. 2006-04 at Berkman Klein Center for Internet and Society (Harvard) <available at: https://courses.edx.org/c4x/HarvardX/HLS1.1x/asset/Urs_Gasser.pdf {{Webarchive|url=https://web.archive.org/web/20170809032213/https://courses.edx.org/c4x/HarvardX/HLS1.1x/asset/Urs_Gasser.pdf|date=9 August 2017}} last accessed 17 May 2018></ref> | |||
DRM opponents argue that the presence of DRM violates existing ] rights and restricts a range of heretofore normal and legal user activities. A DRM component would control a device a user owns (such as a ]) by restricting how it may act with regards to certain content, overriding some of the user's wishes (for example, preventing the user from burning a copyrighted song to ] as part of a compilation or a review). Doctorow has described this possibility as "the right to make up your own copyright laws".<ref> - ], Techdirt, 6 February 2014</ref> | |||
===Australia=== | |||
Australia prohibits circumvention of "access control technical protection measures" in Section 116 of the Copyright Act. The law currently imposes penalties for circumvention of such measures<ref>{{cite web|url=https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s116an.html|title=COPYRIGHT ACT 1968 - SECT 116AN Circumventing an access control technological protection measure}}</ref> as well as the manufacturing<ref>{{cite web|url=https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s116ao.html|title=COPYRIGHT ACT 1968 - SECT 116AO Manufacturing etc. a circumvention device for a technological protection measure}}</ref> and distribution<ref>{{cite web|url=https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s116ap.html|title=COPYRIGHT ACT 1968 - SECT 116AP Providing etc. a circumvention service for a technological protection measure}}</ref> of tools to enable it. | |||
DRM may be legally circumvented under a few distinct circumstances which are named as exceptions in the law: | |||
An example of this restriction to legal user activities may be seen in Microsoft's Windows Vista operating system in which content using a Protected Media Path is disabled or degraded depending on the DRM scheme's evaluation of whether the hardware and its use are 'secure'.<ref>{{cite web|url=http://msmvps.com/blogs/chrisl/archive/2007/01/25/519180.aspx|title=What Content Will Be Crippled When Output in Vista?|accessdate=2010-09-08}}</ref> All forms of DRM depend on the DRM enabled device (e.g., computer, DVD player, TV) imposing restrictions that (at least by intent) cannot be disabled or modified by the user. Key issues around DRM such as the right to make personal copies, provisions for persons to lend copies to friends, provisions for service discontinuance, hardware agnosticism, software and operating system agnosticism,<ref>{{cite web|url=http://wesleytech.com/why-is-netflix-ignoring-linux/2072/|title=Why is Netflix ignoring Linux?|accessdate=2010-09-08}}</ref> contracts for public libraries, and customers' protection against one-side amendments of the contract by the publisher have not been fully addressed.(see references 80-89) It has also been pointed out that it is entirely unclear whether owners of content with DRM are legally permitted to pass on their property as ] to another person.<ref>, February 26, 2009</ref> | |||
#permission of the rightsholder | |||
#enabling interoperability with copyrighted software | |||
#encryption research | |||
#security testing | |||
#disabling access to private information (circumvention only) | |||
#national security or law enforcement | |||
#library acquisition decisions (circumvention only) | |||
#acts prescribed by regulation (circumvention only) | |||
A person circumventing the access control bears the ] that one of these exceptions apply. | |||
Tools like ] have been created to strip Windows Media of DRM restrictions.<ref>{{cite web|url=http://www.engadget.com/2006/08/25/fairuse4wm-strips-windows-media-drm|title=Engadget FairUse4WM strips Windows Media DRM!|accessdate=2006-08-25}}</ref> | |||
Penalties for violation of the anti-circumvention laws include an ], monetary damages, and destruction of enabling devices.<ref>{{cite web|url=https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca1968133/s116aq.html|title=COPYRIGHT ACT 1968 - SECT 116AQ Remedies in actions under this Subdivision}}</ref> | |||
] President ] also stated "most DRM strategies are just dumb" because they only decrease the value of a game in the consumer's eyes. Newell suggests that the goal should instead be " greater value for customers through service value".<ref name="test">{{cite web|url=http://www.1up.com/do/newsStory?cId=3171588|title=Gabe Newell Says DRM Strategies 'Are Just Dumb'|date=2008-12-02}}</ref> | |||
===China=== | |||
and included a prohibition on "intentionally circumventing or destroying the technological measures taken by a right holder for protecting the copyright or copyright-related rights in his work, sound recording or video recording, without the permission of the copyright owner, or the owner of the copyright-related rights". However, the Chinese government had faced backlash from ] over the heavy burden | |||
on law enforcement action against circumvention devices, stating that the police only view game copiers as infringing Nintendo's trademark, not as infringing copyright. In response, Nintendo obtained copyright registration for its software in 2013 to make it easier to make law enforcement against game copiers and other circumvention devices.<ref>{{cite web|url=https://downloads.regulations.gov/USTR-2013-0040-0034/attachment_1.pdf|title=2014 Special 301 Comments on Piracy of Nintendo Video Game Products|author=]}}</ref> | |||
===European Union=== | |||
At the 2012 ], the CEO of ], Marcin Iwinski, announced that the company will not use DRM in any of its future releases. Iwinski stated of DRM, "it's just over-complicating things. We release the game. It's cracked in two hours, it was no time for ]. What really surprised me is that the pirates didn't use the ] version, which was not protected. They took the ] retail version, cracked it and said 'we cracked it' – meanwhile there's a non-secure version with a simultaneous release. You'd think the ] version would be the one floating around." Iwinski added after the presentation, "DRM does not protect your game. If there are examples that it does, then people maybe should consider it, but then there are complications with legit users."<ref>{{cite web|url=http://www.forbes.com/sites/erikkain/2012/03/08/witcher-2-developer-we-will-never-use-any-drm-anymore/|title='Witcher 2' Developer: 'We Will Never Use Any DRM Anymore'|last=Kain|first=Eric|publisher=Forbes|accessdate=2012-03-30}}</ref> | |||
{{broader|Copyright law of the European Union}} | |||
The EU operates under its Information Society Directive, its WIPO implementation. The European Parliament then directed member states to outlaw violation of international copyright for commercial purposes. Punishments range from fines to imprisonment. It excluded patent rights and copying for personal, non-commercial purposes. Copyrighted games can be resold.<ref name="pcgamer" /> Circumventing DRM on game devices is legal under some circumstances; protections cover only technological measures the interfere with prohibited actions.<ref name="techdirt" /><ref name="escapistmagazine" /> | |||
===India=== | |||
] argues that digital copy prevention is futile: "What the entertainment industry is trying to do is to use technology to contradict that natural law. They want a practical way to make copying hard enough to save their existing business. But they are doomed to fail."<ref> Crypto-Gram Newsletter, May 15, 2001</ref> He has also described trying to make digital files uncopyable as being like "trying to make water not wet".<ref>{{cite web|url=http://www.wired.com/politics/security/commentary/securitymatters/2006/09/71738|title=Quickest Patch Ever|author=Bruce Schneier|date=09.07.06|publisher=Wired|accessdate=2010-02-15}}{{dead link|date=April 2014}}</ref> The creators of ] also take this stance, stating that "The purpose of copy protection is not making the game uncrackable - it is impossible."<ref>{{cite web|url=http://www.glop.org/starforce/images/starforce-official-words.png|title=Official words of StarForce on DRM|accessdate=2010-09-08}}</ref> | |||
India acceded to the ] and the ] on July 4, 2018,<ref>{{Cite web |title=India Joins WIPO Internet Treaties: A Major Step Forward |url=https://www.mpa-apac.org/2018/07/india-joins-wipo-internet-treaties-a-major-step-forward/ |access-date=2024-11-11 |website=mpaa-apac.org |language=en-US}}</ref> after a 2012 amendment to the ] criminalized the circumvention of technical protections. Fair use is not explicitly addressed, but the anti-circumvention provisions do not prohibit circumventing for non-infringing purposes.<ref name="AGARWAL" /><ref name="Thomas" /><ref name="Scaria" /> | |||
===Israel=== | |||
The ] and the ] have historically opposed DRM, even going so far as to name ] as a technology "most likely to fail" in an issue of ].<ref>{{cite web|url=http://www.spectrum.ieee.org/jan05/2703|title=Loser: DVD Copy Protection, Take 2 |accessdate=2007-05-04 |author=Tekla S. Perry|date=January 2007|work=Spectrum Online}}</ref> | |||
Israel is not a signatory to the WIPO Copyright Treaty. Israeli law does not expressly prohibit the circumvention of technological protection measures.<ref>{{Cite web|url=https://israeltechnologylaw.wordpress.com/2014/02/16/no-digital-rights-management-here/|title=Israel Technology Law Blog|website=israeltechnologylaw.wordpress.com|access-date=16 February 2022|archive-date=29 April 2021|archive-url=https://web.archive.org/web/20210429231827/https://israeltechnologylaw.wordpress.com/2014/02/16/no-digital-rights-management-here/|url-status=live}}</ref> | |||
===Japan=== | |||
Japan outlawed circumvention of technological protection measures on June 23, 1999 through an amendment of its 1970 copyright law. <ref>Art. 1, </ref> and circumvention of a TPM is deemed as copyright infringement. However, circumvention is allowed for research purposes or if it otherwise does not harm the rightsholder's interests.<ref>Art. 113, </ref> | |||
=== |
===Pakistan=== | ||
Pakistan is not a signatory to the WIPO Copyright Treaty or the WIPO Performances and Phonograms Treaty. Pakistani law does not criminalize the circumvention of technological protection measures.<ref>{{Cite web|url=https://www.eff.org/special-404|title=301's Flaws|website=eff.org|access-date=17 September 2023}}</ref> | |||
In reaction to opposition to DRM, many publishers and artists label their works as "DRM-free". Major companies who have done so include the following: | |||
* ] has sold DRM-free music through its ] since April 2007<ref>{{cite web|url=http://www.apple.com/pr/library/2007/04/02itunes.html|title=Apple Unveils Higher Quality DRM-Free Music on the iTunes Store|accessdate=2008-09-13}}</ref> and has been labeling all music as "DRM-Free" since January 2009.<ref>{{cite web|url=http://arstechnica.com/news.ars/post/20070530-apple-hides-account-info-in-drm-free-music-too.html|title=Apple hides account info in DRM-free music, too|accessdate=2008-09-13}}</ref> The music still carries a ] to identify the purchaser. Other works sold on iTunes such as e-books, movies, TV shows, audiobooks and apps continue to be protected by DRM.<ref>{{cite web|url=http://www.defectivebydesign.org/itunes-drm-free|title=Apple announces all music on iTunes to go DRM-free -- no word on movies, TV shows, games, audiobooks and applications|date=2009-01-08}}</ref> | |||
* ], a major publisher of science fiction and fantasy books, sells DRM-free ] by July 2012.<ref>{{cite web|title=Tor/Forge E-book Titles to Go DRM-Free |url=http://www.tor.com/blogs/2012/04/torforge-e-book-titles-to-go-drm-free|publisher=Tor.com |accessdate=24 April 2012}}</ref> One year later the publisher stated that they will keep this model as removing DRM was not hurting their business.<ref>{{cite web|url=http://arstechnica.com/business/2013/05/tor-books-says-cutting-drm-out-of-its-e-books-hasnt-hurt-business/|title=Tor Books says cutting DRM out of its e-books hasn’t hurt business - A look at the sci-fi publisher a year after it announced it would do away with DRM.|first=Megan|last=Geuss |date=2013-05-04 |accessdate=2013-07-07 |publisher=]|quote=''Early this week, Tor Books, a subsidiary of Tom Doherty Associates and the world's leading publisher of science fiction, gave an update on how its decision to do away with Digital Rights Management (DRM) schemes has impacted the company. Long story short: it hasn't, really.''}}</ref> Smaller e-book publishers such as ], ]<ref>{{cite news|title=Tor/Forge Plans DRM-Free e-Books By July|url=http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/51659-tor-forge-plans-drm-free-e-books-by-july.html|accessdate=24 April 2012|newspaper=]|date=24 April 2012}}</ref> and ] had already forgone DRM previously. | |||
* ], a ], specialized in the distribution of ] ]s. While most other digital distribution services allow various forms of DRM (or have them embedded) ''gog.com'' has a strict non-DRM policy.<ref name="arspreview">{{cite web |url=http://arstechnica.com/gaming/news/2008/09/first-look-gog-revives-classic-pc-games-for-download-age.ars |title=First look: GOG revives classic PC games for download age |accessdate=2012-12-27 |first=Frank|last=Caron |date=2008-09-09 |publisher=Ars Technica |quote='' focuses on bringing old, time-tested games into the downloadable era with low prices and no DRM.''}}</ref> | |||
* ] is another ] of classical ], who offers in their catalogue also own ] to ] of classics.<ref>{{cite web|url=http://www.rockpapershotgun.com/2010/04/26/birds-of-a-feather-dotemu-beta/ |title=Birds Of A Feather: DotEmu Beta |first=Kieron |last=Gillen |date=2010-04-26 |accessdate=2013-07-04 |publisher=]}}</ref> | |||
* The ] series, created by Humble Bundle Inc., is a series of game, music, and eBook bundles. The two main rules required for every included product are a "]" price and a lack of DRM. | |||
As of January 2022, Pakistan's Intellectual Property Office intended to accede to the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. However, there has been no major progress for Pakistan to accede to the treaties,<ref>{{Cite web|url=https://www.state.gov/reports/2022-investment-climate-statements/pakistan/|title=2022 Investment Climate Statements: Pakistan|website=www.state.gov|access-date=17 September 2023}}</ref> and the timeline of the enactments of amendments to the Copyright Ordinance is unclear.<ref>{{cite report |date=April 2023 |title=2023 Special 301 Report |url=https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf |publisher=Office of the United States Trade Representative |page=81 |access-date=May 31, 2024}}</ref> As of February 2023, Pakistan's Intellectual Property Office was currently finalizing draft amendments to its Copyright Ordinance.<ref>{{Cite web|url=https://www.state.gov/reports/2023-investment-climate-statements/pakistan/|title=2023 Investment Climate Statements: Pakistan|website=www.state.gov|access-date=17 September 2023}}</ref> | |||
==Shortcomings== | |||
=== |
===United States=== | ||
{{Main|Digital Millennium Copyright Act}} | |||
There are many methods to bypass DRM control on audio and video content. | |||
US protections are governed by the Digital Millennium Copyright Act (DMCA). It criminalizes the production and dissemination of technology that lets users circumvent copy-restrictions. Reverse engineering is expressly permitted, providing a ] where circumvention is necessary to interoperate with other software. | |||
One simple method to bypass DRM on audio files is to burn the content to an audio CD and then ] it into DRM-free files. Some software products simplify and automate this burn-rip process by allowing the user to burn music to a CD-RW disc or to a Virtual CD-R drive, then automatically ripping and encoding the music, and automatically repeating this process until all selected music has been converted, rather than forcing the user to do this one CD (72–80 minutes worth of music) at a time. | |||
] that decrypts protected content is not prohibited per se. Decryption done for the purpose of achieving interoperability of open source operating systems with proprietary systems is protected. Dissemination of such software for the purpose of violating or encouraging others to violate copyrights is prohibited. | |||
Many software programs have been developed that intercept the data stream as it is decrypted out of the DRM-restricted file, and then use this data to construct a DRM-free file. These programs require a decryption key. Programs that do this for DVDs, HD DVDs, and Blu-ray Discs include universal decryption keys in the software itself. Programs that do this for TiVo ToGo recordings, iTunes audio, and PlaysForSure songs, however, rely on the user's own key — that is, they can only process content that the user has legally acquired under his or her own account. | |||
DMCA has been largely ineffective.<ref>{{cite web |last=Doctorow |first=Cory |date=24 March 2007 |title=DMCA's author says the DMCA is a failure, blames record industry |url=http://boingboing.net/2007/03/24/dmcas_author_says_th.html |url-status=dead |archive-url=https://web.archive.org/web/20110623191635/http://boingboing.net/2007/03/24/dmcas_author_says_th.html |archive-date=23 June 2011 |access-date=12 January 2011 |df=dmy-all}}</ref> Cirumvention software is widely available. However, those who wish to preserve the DRM systems have attempted to use the Act to restrict the distribution and development of such software, as in the case of DeCSS. DMCA contains an exception for research, although the exception is subject to qualifiers that created uncertainty in that community. | |||
Another method is to use software to record the signals being sent through the audio or video cards, or to plug analog recording devices into the analog outputs of the media player. These techniques utilize the "]." | |||
Cryptanalytic research may violate the DMCA, although this is unresolved. | |||
===Analog hole=== | |||
{{Main|Analog hole}} | |||
All forms of DRM for audio and visual material (excluding interactive materials, e.g., videogames) are subject to the ''analog hole'', namely that in order for a viewer to play the material, the digital signal must be turned into an analog signal containing light and/or sound for the viewer, and so available to be copied as no DRM is capable of controlling content in this form. In other words, a user could play a purchased audio file while using a separate program to record the sound back into the computer into a DRM-free file format. | |||
===Notable lawsuits=== | |||
All DRM to date can therefore be bypassed by recording this signal and digitally storing and distributing it in a non DRM limited form, by anyone who has the technical means of recording the analog stream. Furthermore, the analog hole vulnerability cannot be overcome without the additional protection of externally imposed restrictions, such as legal regulations, because the vulnerability is inherent to all analog means of transmission.<ref>Sicker, Douglas, Paul Ohm, and Shannon Gunaji. "The Analog Hole and the Price of Music: An Empirical Study". ''Journal of Tellecommunications and High Technology''. 2006–2007.</ref> However, the conversion from digital to analog and back is likely to force a loss of quality, particularly when using ] digital formats. ] is an attempt to plug the analog hole, although it is largely ineffective.<ref>{{cite web|url=http://vimeo.com/4520463|title=MPAA shows how to videorecord a TV set|accessdate=2009-09-04}}</ref><ref>{{cite book|url=http://books.google.com/books?hl=en&lr=&id=GzN3ohNNPDgC&oi=fnd&pg=PA192&ots=bF8iXjPRSX&sig=ba1KxQPskkZqJ-S3hqBGS8opoZI#v=onepage&q=&f=false|title=Security and Privacy in Digital Rights Management|accessdate=2009-09-04}}</ref> | |||
{{div col|colwidth=30em}} | |||
*'']'' | |||
*''] ]'' | |||
*'']'' | |||
*'']'' | |||
{{div col end}} | |||
==Opposition== | |||
] released a soundcard which features a function called "Analog Loopback Transformation" to bypass the restrictions of DRM. This feature allows the user to record DRM-restricted audio via the soundcard's built-in analog I/O connection.<ref>{{cite web|url=http://www.asus.com/news_show.aspx?id=7319|title=Asus Showcases New Generation Audio Card at Computex 2007|accessdate=2007-06-26}}{{dead link|date=April 2014}}</ref><ref>{{cite web|url=http://www.pcpro.co.uk/reviews/121497/asus-xonar-d2.html|title=PC Pro Product Reviews Asus Xonar D2|publisher=Pcpro.co.uk|date=2007-08-01|accessdate=2012-02-20}}</ref> | |||
<!--courtesy note per ]: ] targets this section.--> | |||
DRM faces widespread opposition. ]<ref>{{cite web|url=http://www.fourmilab.ch/documents/digital-imprimatur/|title=The Digital Imprimatur: How big brother and big media can put the Internet genie back in the bottle.|first=John|last=Walker|date=13 September 2003|access-date=4 February 2004|archive-date=5 November 2011|archive-url=https://web.archive.org/web/20111105014841/http://www.fourmilab.ch/documents/digital-imprimatur/|url-status=live}}</ref> and ] are notable critics.<ref>{{cite web|author=Richard Stallman|url=https://www.gnu.org/philosophy/right-to-read.html|title=The Right to Read|author-link=Richard Stallman|access-date=18 April 2014|archive-date=20 April 2014|archive-url=https://web.archive.org/web/20140420074747/http://www.gnu.org/philosophy/right-to-read.html|url-status=live}}</ref><ref>{{cite web|url=http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html|title=Transcript of Opening session of first international GPLv3 conference|date=16 January 2006|first=Ciaran|last=O'Riordan|access-date=21 February 2006|archive-date=21 October 2011|archive-url=https://web.archive.org/web/20111021033558/http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html|url-status=live}}</ref> Stallman has claimed that using the word "rights" is misleading and suggests that the word "restrictions", as in "Digital Restrictions Management", replace it.<ref>{{cite web|url=https://www.gnu.org/philosophy/opposing-drm.html|title=Opposing Digital Rights Mismanagement (Or Digital Restrictions Management, as we now call it)?|access-date=29 May 2014|archive-date=6 July 2014|archive-url=https://web.archive.org/web/20140706043116/http://www.gnu.org/philosophy/opposing-drm.html|url-status=live}}</ref> This terminology has been adopted by other writers and critics.<ref>{{cite web|url=https://www.zdnet.com/article/sony-rootkit-the-untold-story/|title=Sony rootkit: The untold story|author=David Berlind|date=18 November 2005|website=]|access-date=20 August 2015|archive-date=11 June 2015|archive-url=https://web.archive.org/web/20150611005913/http://www.zdnet.com/article/sony-rootkit-the-untold-story/|url-status=live}}</ref><ref>{{Citation |last = Grassmuck |first = Volker |year = 2003 |title = Vom PC zum TC: Trusted Computing und Digital Restrictions Management |publisher = Verlag Recht und Wirtschaft |location = Frankfurt am Main |url = http://waste.informatik.hu-berlin.de/Grassmuck/Texts/TCG.pdf |access-date = 20 August 2015 |series = Kommunikation & Recht |work = Trusted Computing |archive-url = https://web.archive.org/web/20160305103403/http://waste.informatik.hu-berlin.de/Grassmuck/Texts/TCG.pdf |archive-date = 5 March 2016 |url-status = dead}}</ref><ref>{{cite conference|title=Scholarly e-books: the views of 16,000 academics: Results from the JISC National E-Book Observatory|last1=Jamali|first1=Hamid R.|last2=Nicholas|first2=David|last3=Rowlands|first3=Ian|date=2009|publisher=Emerald Insight|book-title=ASLIB Proceedings|pages=33–47|doi=10.1108/00012530910932276}}</ref> | |||
Other prominent critics include ], who heads a British organization that opposes DRM and similar efforts in the UK and elsewhere, and ].<ref name="Doctorow">{{cite web|url=http://www.changethis.com/4.DRM|title=Microsoft Research DRM Talk|last=Doctorow|first=Cory|author-link=Cory Doctorow|date=17 June 2004|publisher=craphound.com|format=PDF|access-date=17 August 2007|quote=At the end of the day, all DRM systems share a common vulnerability: they provide their attackers with ciphertext, the cipher and the key. At this point, the secret isn't a secret anymore.|archive-date=2 January 2010|archive-url=https://web.archive.org/web/20100102045736/http://changethis.com/4.DRM|url-status=dead}}</ref> ] and organizations such as ] are opposed to DRM.<ref>{{Cite web|title = DRM|url = https://www.eff.org/issues/drm|website = Electronic Frontier Foundation|access-date = 13 January 2016|archive-date = 5 July 2018|archive-url = https://web.archive.org/web/20180705015859/https://www.eff.org/issues/drm|url-status = live}}</ref> The ] criticized DRM's effect as a ] from a ] perspective.<ref>{{Cite book|title = Media in the Digital Age|last = Pavlik|first = John|publisher = Columbia University Press|year = 2008|isbn = 978-0231142090|location = New York|pages = 181}}</ref> | |||
In order to prevent this exploit there has been some discussions between copyright holders and manufacturers of electronics capable of playing such content, to no longer include analog connectivity in their devices. The movement dubbed as "Analog Sunset" has seen a steady decline in analog output options on most ] devices manufactured after 2010. | |||
] argues that digital copy prevention is futile: "What the entertainment industry is trying to do is to use technology to contradict that natural law. They want a practical way to make copying hard enough to save their existing business. But they are doomed to fail."<ref> {{Webarchive|url=https://web.archive.org/web/20111115145148/http://www.schneier.com/crypto-gram-0105.html#3|date=15 November 2011}} Crypto-Gram Newsletter, 15 May 2001</ref> He described trying to make digital files uncopyable as like "trying to make water not wet".<ref>{{cite magazine|first=Bruce |last=Schneier|date=7 September 2005|title=Quickest Patch Ever|url=https://www.wired.com/politics/security/commentary/securitymatters/2006/09/71738|magazine=]|archive-url=https://web.archive.org/web/20100103095236/http://www.wired.com/politics/security/commentary/securitymatters/2006/09/71738|archive-date=3 January 2010|publisher=]}}</ref> | |||
===DRM on general computing platforms=== | |||
Many of the DRM systems in use are designed to work on general purpose computing hardware, such as desktop PCs apparently because this equipment is felt to be a major contributor to revenue loss from disallowed copying.{{citation needed|date=January 2013}} Large commercial copyright infringers ("pirates") avoid consumer equipment,{{Citation needed|date=December 2010}} so losses from such infringers will not be covered by such provisions. | |||
The creators of ''StarForce'' stated that "The purpose of copy protection is not making the game uncrackable – it is impossible."<ref>{{cite web|title=Official words of StarForce on DRM|url=http://www.glop.org/starforce/images/starforce-official-words.png|url-status=live|archive-url=https://web.archive.org/web/20100926064848/http://glop.org/starforce/images/starforce-official-words.png|archive-date=26 September 2010|access-date=8 September 2010}}</ref> | |||
Such schemes, especially software based ones, can never be wholly secure since the software must include all the information necessary to decrypt the content, such as the ]. An attacker will be able to extract this information, directly decrypt and copy the content, which bypasses the restrictions imposed by a DRM system.<ref name="Doctorow">{{cite web|url=http://www.changethis.com/4.DRM|format=PDF|title=Microsoft Research DRM Talk|author=]|quote="At the end of the day, all DRM systems share a common vulnerability: they provide their attackers with ciphertext, the cipher and the key. At this point, the secret isn't a secret anymore."|date=June 17, 2004|accessdate=2007-08-17|publisher=craphound.com }}</ref> | |||
] spoke about DRM at 2006 ], saying that DRM causes problems for legitimate consumers.<ref>{{Cite web|url=https://techcrunch.com/2006/12/14/bill-gates-on-the-future-of-drm/|title=Bill Gates On The Future Of DRM|date=14 December 2006|access-date=16 February 2022|archive-date=16 February 2022|archive-url=https://web.archive.org/web/20220216045221/https://techcrunch.com/2006/12/14/bill-gates-on-the-future-of-drm/|url-status=live}}</ref>] member protesting DRM on 25 May 2007]] | |||
===DRM on purpose-built hardware=== | |||
Many DRM schemes use encrypted media which requires purpose-built hardware to hear or see the content. This appears to ensure that only licensed users (those with the hardware) can access the content. It additionally tries to protect a secret decryption key from the users of the system. | |||
The Norwegian consumer rights organization "Forbrukerrådet" complained to Apple in 2007 about the company's use of DRM, accusing it of unlawfully restricting users' access to their music and videos, and of using ]s that conflict with Norwegian consumer legislation. The complaint was supported by consumers' ] in Sweden and Denmark, and was reviewed in the EU in 2014. The United States ] held hearings in March 2009, to review disclosure of DRM limitations to customers' use of media products.<ref>{{cite web|url=http://www.ftc.gov/news-events/press-releases/2008/12/ftc-town-hall-address-digital-rights-management-technologies|title=FTC Town Hall to Address Digital Rights Management Technologies|archive-url=https://web.archive.org/web/20141029070751/http://www.ftc.gov/news-events/press-releases/2008/12/ftc-town-hall-address-digital-rights-management-technologies|archive-date=29 October 2014|publisher=]|date=23 December 2008}}</ref> | |||
While this in principle can work, it is extremely difficult to build the hardware to protect the secret key against a sufficiently determined adversary. Many such systems have failed in the field. Once the secret key is known, building a version of the hardware that performs no checks is often relatively straightforward. In addition user verification provisions are frequently subject to attack, ] being among the most frequented ones. | |||
] president ] stated, "most DRM strategies are just dumb" because they only decrease the value of a game in the consumer's eyes. Newell suggested that the goal should instead be " greater value for customers through service value". Valve operates ], an online store for ]s, as well as a ] and a DRM platform.<ref>{{cite web |date=2 December 2008 |title=Gabe Newell Says DRM Strategies 'Are Just Dumb' |url=http://www.1up.com/do/newsStory?cId=3171588 |url-status=unfit |archive-url=https://web.archive.org/web/20160204142323/http://www.1up.com/news/gabe-newell-drm-strategies-dumb |archive-date=4 February 2016 |access-date=2 December 2008}}</ref> | |||
A common real-world example can be found in commercial ] television systems such as ] and Malaysia's ]. The company uses tamper-resistant ] to store decryption keys so that they are hidden from the user and the satellite receiver. However, the system has been compromised in the past, and DirecTV has been forced to roll out periodic updates and replacements for its smart cards. | |||
At the 2012 ], the CEO of ], Marcin Iwinski, announced that the company would not use DRM. Iwinski stated of DRM, "It's just over-complicating things... the game... is cracked in two hours." Iwinski added "DRM does not protect your game. If there are examples that it does, then people maybe should consider it, but then there are complications with legit users."<ref>{{cite magazine|url=https://www.forbes.com/sites/erikkain/2012/03/08/witcher-2-developer-we-will-never-use-any-drm-anymore/|title='Witcher 2' Developer: 'We Will Never Use Any DRM Anymore'|last=Kain|first=Eric|magazine=Forbes|access-date=30 March 2012|archive-date=17 March 2012|archive-url=https://web.archive.org/web/20120317091733/http://www.forbes.com/sites/erikkain/2012/03/08/witcher-2-developer-we-will-never-use-any-drm-anymore/|url-status=live}}</ref> | |||
===Watermarks=== | |||
]s can often be removed, although degradation of video or audio can occur. | |||
The ] and the ] opposed DRM, naming ] as a technology "most likely to fail" in an issue of '']''.<ref>{{cite magazine|url=https://spectrum.ieee.org/loser-dvd-copy-protection-take-2|title=Loser: DVD Copy Protection, Take 2|access-date=11 August 2024|first=Tekla S.|last=Perry|date=1 January 2005|magazine=IEEE Spectrum}}</ref> | |||
===Undecrypted copying failure=== | |||
Mass piracy of hard copies does not necessarily need DRM to be decrypted or removed, as it can be achieved by bit-perfect copying of a legally obtained medium without accessing the decrypted content. Additionally, still-encrypted ]s can be distributed over the Internet and played on legitimately licensed players. | |||
=== |
===Public licenses=== | ||
The ] version 3, as released by the ], has a provision that "strips" DRM of its legal value, so people can break the DRM on GPL software without breaking laws such as the ]. In May 2006, FSF launched a "]" campaign against DRM.<ref>{{cite web|url=http://www.fsf.org/licensing/licenses/gpl-faq.html#DRMProhibited|title=Frequently Asked Questions about the GNU Licenses – GNU Project – Free Software Foundation|date=28 July 2010|publisher=FSF|access-date=31 August 2010|archive-date=3 February 2010|archive-url=https://web.archive.org/web/20100203231849/http://www.fsf.org/licensing/licenses/gpl-faq.html#DRMProhibited|url-status=live}}</ref><ref>{{cite web|url=http://www.defectivebydesign.org/|title=The Campaign to Eliminate DRM|publisher=DefectiveByDesign.org|access-date=31 August 2010|archive-date=23 January 2018|archive-url=https://web.archive.org/web/20180123173030/https://www.defectivebydesign.org/|url-status=live}}</ref> | |||
When standards and formats change, it may be difficult to transfer DRM-restricted content to new media. Additionally, any system that requires contact with an authentication server is vulnerable to that server becoming unavailable, as happened<ref>{{cite web|url=http://yro.slashdot.org/article.pl?sid=07/11/07/2014253|title=MLB Fans Who Bought DRM Videos Get Hosed|date=November 7, 2007|accessdate=2007-11-08|publisher=slashdot.org}}</ref> in 2007 when videos purchased from ] (mlb.com) prior to 2006 became unplayable due to a change to the servers that validate the licenses. | |||
] provides licensing options that encourage creators to work without the use of DRM.<ref>{{cite web|url=http://wiki.creativecommons.org/FAQ#Is_Creative_Commons_involved_in_digital_rights_management_.28DRM.29.3F|title=Frequently Asked Questions – CcWiki|date=9 November 2006|access-date=22 November 2006|archive-date=26 July 2013|archive-url=https://web.archive.org/web/20130726210512/http://wiki.creativecommons.org/FAQ#Is_Creative_Commons_involved_in_digital_rights_management_.28DRM.29.3F|url-status=live}}</ref> Creative Commons licenses have anti-DRM clauses, making the use of DRM by a licensee a breach of the licenses' Baseline Rights.<ref>{{cite web|url=http://wiki.creativecommons.org/Baseline_Rights|title=Baseline Rights – Creative Commons Wiki|date=13 July 2007|access-date=23 December 2007|archive-date=1 April 2015|archive-url=https://web.archive.org/web/20150401094821/https://wiki.creativecommons.org/Baseline_Rights|url-status=live}}</ref> | |||
'''Amazon PDF and LIT ebooks''' | |||
In August 2006, Amazon stopped selling DRMed PDF and .LIT format ebooks. Customers were unable to download purchased ebooks 30 days after that date, losing access to their purchased content on new devices.<ref>{{cite news|url=http://www.mobileread.com/forums/showthread.php?threadid=7223|title=Amazon Drops Lit/Pdf eBooks|date=August 4, 2006|accessdate=2011-03-22 |publisher=Mobileread}}</ref><ref>{{cite news|url=http://www.writers-edge.info/2006/09/amazon-drops-ebooks.htm|title=Amazon Drops eBooks |date=September 17, 2006|accessdate=2011-03-22|first=Georganna|last=Hancock}}</ref> | |||
===DRM-free works=== | |||
'''Microsoft Zune''' | |||
] for DRM-free works]] | |||
When Microsoft introduced their ]<ref>{{cite web|url=http://yro.slashdot.org/article.pl?sid=06/09/19/1342256|title=Zune Won't Play Old DRM Infected Files|date=September 19, 2006|accessdate=2007-09-19|publisher=slashdot.org}}</ref> media player in 2006, it did not support content that uses Microsoft's own ] DRM scheme they had previously been selling. The EFF calls this "a raw deal".<ref>{{cite news|url=http://www.eff.org/deeplinks/archives/004910.php|title=Microsoft's Zune Won't Play Protected Windows Media|date=September 15, 2006|accessdate=2008-09-27|publisher=Electronic Frontier Foundation|first=Derek|last=Slater}}</ref> | |||
Many publishers and artists label their works "DRM-free". Major companies that have done so include Apple, ], ] and ]. ] once had DRM-free works available for sale until 2022 when its parent company, Amazon, removed the option to buy DRM-free works as part of their migration to Amazon's website, although previous purchases remained DRM-free.<ref>{{cite news|last=Hector|first=Hamish|title=Friendly reminder: soon new ComiXology purchases will not be DRM-free|url=https://www.techradar.com/news/friendly-reminder-soon-new-comixology-purchases-will-not-be-drm-free|work=TechRadar|publisher=Future US|date=17 January 2022}}</ref> | |||
'''MSN Music''' | |||
In April 2008, Microsoft sent an email to former customers of the now-defunct MSN Music store: | |||
"As of August 31, 2008, we will no longer be able to support the retrieval of license keys for the songs you purchased from MSN Music or the authorization of additional computers. You will need to obtain a license key for each of your songs downloaded from MSN Music on any new computer, and you must do so before August 31, 2008. If you attempt to transfer your songs to additional computers after August 31, 2008, those songs will not successfully play."<ref>{{cite news|url=http://arstechnica.com/news.ars/post/20080422-drm-sucks-redux-microsoft-to-nuke-msn-music-drm-keys.html|title=DRM sucks redux: Microsoft to nuke MSN Music DRM keys|date=April 22, 2008|accessdate=2008-04-22|publisher=Ars Technica|first=Jacqui|last=Cheng}}</ref> | |||
==Shortcomings== | |||
However, to avoid a public relations disaster, Microsoft re-issued MSN Music shutdown statement on June 19 and allowed the users to use their licenses until the end of 2011: "After careful consideration, Microsoft has decided to continue to support the authorization of new computers and devices and delivery of new license keys for MSN Music customers through at least the end of 2011, after which we will evaluate how much this functionality is still being used and what steps should be taken next to support our customers. This means you will continue to be able to listen to your purchased music and transfer your music to new PCs and devices beyond the previously announced August 31, 2008 date."<ref>{{cite news|url=http://community.winsupersite.com/blogs/paul/archive/2008/06/19/msn-music-store-support-notification.aspx|title=MSN Music Store Support Notification|date=June 19, 2008|accessdate=2008-06-19|publisher=Winsupersite|first=Paul|last=Thurrott}}{{dead link|date=April 2014}}</ref> | |||
===Availability=== | |||
Many DRM systems require online authentication. Whenever the server goes down, or a territory experiences an Internet outage, it locks out people from registering or using the material.<ref>{{cite web |url=https://www.pcgamer.com/a-great-day-for-drm-as-denuvo-lapse-renders-tons-of-games-temporarily-unplayable/ |title=A great day for DRM as Denuvo lapse renders tons of games temporarily unplayable |first=Mollie |last=Taylor |date=8 November 2021 |website=] |access-date=9 November 2021 |archive-date=9 November 2021 |archive-url=https://web.archive.org/web/20211109012336/https://www.pcgamer.com/a-great-day-for-drm-as-denuvo-lapse-renders-tons-of-games-temporarily-unplayable/ |url-status=live}}</ref> This is especially true for products that require a persistent online connection, where, for example, a successful ] on the server essentially makes the material unusable. | |||
===Usability=== | |||
'''Yahoo! Music Store''' | |||
]s (CDs) with DRM schemes are not standards-compliant, and are labeled ]s. CD-ROMs cannot be played on all ]s or personal computers.<ref>{{cite web|url=http://firefox.org/news/articles/1045/1/What-is-DRM-and-why-should-I-care/Page1.html|title=What is DRM and Why Should I Care?|author=Lewis, Rita|date=8 January 2008|publisher=Firefox News|archive-url=https://web.archive.org/web/20080614083008/http://firefox.org/news/articles/1045/1/What-is-DRM-and-why-should-I-care/Page1.html|archive-date=14 June 2008|url-status=dead|access-date=10 July 2008|df=dmy-all}}</ref> | |||
On July 23, 2008, the Yahoo! Music Store emailed its customers to tell them it will be shutting down effective September 30, 2008 and the DRM license key servers will be taken offline.<ref>{{cite news|url=http://arstechnica.com/uncategorized/2008/07/drm-still-sucks-yahoo-music-going-dark-taking-keys-with-it/|title=DRM still sucks: Yahoo Music going dark, taking keys with it|date=July 24, 2008|accessdate=2012-05-18|publisher=Ars Technica|first=Nate|last=Anderson}}</ref> | |||
===Performance=== | |||
'''Walmart''' | |||
Certain DRM systems have been associated with reduced performance: some games implementing ] performed better without DRM.<ref>{{Cite web|url=https://arstechnica.com/gaming/2018/12/evidence-continues-to-mount-about-how-bad-denuvo-is-for-pc-gaming-performance/|title=Evidence continues to mount about how bad Denuvo is for PC gaming performance|last=Machkovech|first=Sam|date=2018-12-26|website=Ars Technica|language=en-us|access-date=2019-06-26|archive-date=10 April 2019|archive-url=https://web.archive.org/web/20190410171912/https://arstechnica.com/gaming/2018/12/evidence-continues-to-mount-about-how-bad-denuvo-is-for-pc-gaming-performance/|url-status=live}}</ref><ref>{{Cite web|url=https://www.thegamer.com/denuvo-drm-hurts-game-performance/|title=Denuvo DRM Proven To Hurt Performance Of Games It's Attached To|date=2019-03-29|website=TheGamer|language=en-US|access-date=2019-06-26|archive-date=26 June 2019|archive-url=https://web.archive.org/web/20190626111531/https://www.thegamer.com/denuvo-drm-hurts-game-performance/|url-status=live}}</ref> However, in March 2018, '']'' tested '']'' for the performance effects of ], which was found to cause no negative gameplay impact despite a little increase in loading time.<ref>{{Cite web|url=https://www.pcgamer.com/denuvo-drm-performance-final-fantasy-15/|title=Tested: Denuvo DRM has no performance impact on Final Fantasy 15|last=Thoman|first=Peter "Durante"|date=2018-03-09|website=PC Gamer|language=en-US|access-date=2019-06-26|archive-date=27 July 2019|archive-url=https://web.archive.org/web/20190727200418/https://www.pcgamer.com/denuvo-drm-performance-final-fantasy-15/|url-status=live}}</ref> | |||
In August 2007, ]'s online music division started offering (DRM-free) MP3s as an option. Starting in February 2008, they made all sales DRM-free. | |||
===Robustness=== | |||
On September 26, 2008, the Walmart Music Team notified its customers via email they will be shutting down their DRM servers October 9, 2008 and any DRM-encumbered music acquired from them will no longer be accessible unless ripped to a non-DRM format before that date.<ref>{{cite news|url=http://www.boingboing.net/2008/09/26/walmart-shutting-dow.html|title=Wal*Mart shutting down DRM server, nuking your music collection--only people who pay for music risk losing it to DRM shenanigans|date=September 26, 2008|accessdate=2008-09-26|publisher=Boing Boing|first=Cory|last=Doctorow}}</ref> | |||
DRM copy-prevention schemes can never be wholly secure since the logic needed to decrypt the content is present either in software or hardware and implicitly can be hacked. An attacker can extract this information, decrypt and copy the content, bypassing the DRM.<ref name="Doctorow" /> | |||
Satellite and cable systems distribute their content widely and rely on hardware DRM systems. Such systems can be hacked by reverse engineering the protection scheme. | |||
After bad press and negative reaction from customers, on October 9, 2008, Walmart decided not to take its DRM servers offline.<ref>{{cite news|url=http://www.engadget.com/2008/10/10/walmart-has-a-change-of-heart-decides-to-maintain-drm-servers/|title=Walmart has a change of heart, decides to maintain DRM servers|date=October 10, 2008|accessdate=2008-10-10|publisher=Weblogs, Inc.|first=Darren|last=Murph}}</ref> | |||
===Analog hole=== | |||
'''Fictionwise''' / '''Overdrive''' | |||
Audio and visual material (excluding interactive materials, ''e.g.'', video games) are subject to the ], namely that in order to view the material, the digital signal must be turned into an analog signal. Post-conversion, the material can be then be copied and reconverted to a digital format. | |||
In January 2009, ] informed ] that they would no longer be providing downloads for purchasers of ]s through Fictionwise as of 31 January 2009. No reason was provided to Fictionwise as to why they were being shut down. This prevents previous purchasers from being able to renew their books on new devices.<ref name=fictionwise>{{cite web|url=http://www.fictionwise.com/help/Overdrive-Replacement-FAQ.htm|title=Fictionwise Support FAQ|accessdate=8 January 2009}}</ref> Fictionwise is working to provide replacement ebooks for its customers in alternative, non-DRM formats, but does not have the rights to provide all of the books in different formats.<ref name=fictionwise /> | |||
The analog hole cannot be filled without externally imposed restrictions, such as legal regulations, because the vulnerability is inherent to all analog presentation.<ref>Sicker, Douglas, Paul Ohm, and Shannon Gunaji. "The Analog Hole and the Price of Music: An Empirical Study". ''Journal of Tellecommunications and High Technology''. 2006–2007.</ref> The conversion from digital to analog and back reduces recording quality. The ] attempt to plug the analog hole was largely ineffective.<ref>{{cite web|url=http://vimeo.com/4520463|title=MPAA shows how to videorecord a TV set|access-date=4 September 2009|archive-date=17 December 2011|archive-url=https://web.archive.org/web/20111217082309/http://vimeo.com/4520463|url-status=live}}</ref><ref>{{cite book|url=https://books.google.com/books?id=GzN3ohNNPDgC&pg=PA192|title=Security and Privacy in Digital Rights Management|isbn=9783540436775|last1=Sander|first1=Tomas|date=26 April 2002|publisher=Springer}}</ref> | |||
'''Ads for Adobe PDF''' | |||
Also in January 2009, ] announced that as of March 2009 they would no longer operate the servers that served ads to their ] reader. Depending on the restriction settings used when PDF documents were created, they may no longer be readable.<ref>{{cite web|url=http://www.mobileread.com/forums/showthread.php?t=36260|title=Ads for AdobePDF discontinued|accessdate=2009-01-15}}</ref> | |||
===Consumer rights=== | |||
'''Adobe Content Server 3 for Adobe PDF''' | |||
====Ownership restrictions==== | |||
In April 2009, ] announced that as of March 30, 2009 the Adobe Content 3 server would no longer activate new installations of ] or ]. In addition, the ability to migrate content from Adobe Content Server 3 to Adobe Content Server 4 would cease from mid-December 2009. Anyone who failed to migrate their DRMed PDF files during this nine month window lost access to their content the next time they had to re-install their copy of Adobe Reader or Adobe Acrobat.<ref>{{cite web|url=http://kb2.adobe.com/cps/409/kb409073.html|title=Adobe Content 3 Server Discontinued|accessdate=2011-02-22}}</ref> | |||
DRM opponents argue that it violates ] rights and restricts a range of normal and legal user activities. A DRM component such as that found on a ] restricts how it acts with regard to certain content, overriding user's wishes (for example, preventing the user from copying a copyrighted song to ] as part of a compilation). Doctorow described this as "the right to make up your own copyright laws".<ref> {{Webarchive|url=https://web.archive.org/web/20180819083940/https://www.techdirt.com/articles/20140206/10323526118/drm-is-right-to-make-up-your-own-copyright-laws.shtml |date=19 August 2018}} – ], Techdirt, 6 February 2014</ref> | |||
Windows Vista disabled or degraded content play that used a Protected Media Path.<ref>{{cite web|url=http://msmvps.com/blogs/chrisl/archive/2007/01/25/519180.aspx|title=What Content Will Be Crippled When Output in Vista?|access-date=8 September 2010|archive-url=https://web.archive.org/web/20101006042342/http://msmvps.com/blogs/chrisl/archive/2007/01/25/519180.aspx|archive-date=6 October 2010|url-status=dead}}</ref> DRM restricts the right to make personal copies, provisions lend copies to friends, provisions for service discontinuance, hardware agnosticism, software and operating system agnosticism,<ref>{{cite web|url=http://wesleytech.com/why-is-netflix-ignoring-linux/2072/|title=Why is Netflix ignoring Linux?|date=29 May 2010|access-date=8 September 2010|archive-date=11 June 2010|archive-url=https://web.archive.org/web/20100611123221/http://wesleytech.com/why-is-netflix-ignoring-linux/2072/|url-status=live}}</ref> lending library use, customer protections against contract amendments by the publisher, and whether content can pass to the owner's heirs.<ref> {{webarchive|url=https://web.archive.org/web/20090503064350/http://www.teleread.org/2009/02/26/why-the-kindles-drm-is-anti-elderly-and-perhaps-even-a-target-for-an-aarp-campaign-against-it/|date=3 May 2009}}, 26 February 2009</ref> | |||
'''Harper Collins ebook store''' | |||
In November 2010, ] announced that as of November 19, 2010, their eBook Store was discontinued, and advised all customers to download and archive their purchases before December 19, 2010, when purchased titles would no longer be accessible. Loss of access to Mobipocket ebooks on new devices.<ref>{{cite web|url=http://www.teleread.com/paul-biba/harpercollins-closes-ebookstore-nobody-knew-about/|title=HarperCollins ebook Store Discontinued|accessdate=2011-02-23}}</ref> | |||
====Obsolescence==== | |||
'''CyberRead ebook store''' | |||
When standards and formats change, DRM-restricted content may become obsolete. | |||
In February 2011, CyberRead announced that they were closing down, and advised all customers to download and archive their purchases. Loss of access to Mobipocket ebooks on new devices.<ref>{{cite web|url=http://www.mobileread.com/forums/showthread.php?t=123485|title=CyberRead ebook Store Discontinued|accessdate=2011-02-23}}</ref> | |||
When a company undergoes business changes or bankruptcy, its previous services may become unavailable. Examples include MSN Music,<ref>{{cite news|url=https://arstechnica.com/news.ars/post/20080422-drm-sucks-redux-microsoft-to-nuke-msn-music-drm-keys.html|title=DRM sucks redux: Microsoft to nuke MSN Music DRM keys|date=22 April 2008|access-date=22 April 2008|publisher=Ars Technica|first=Jacqui|last=Cheng|archive-date=29 May 2012|archive-url=https://web.archive.org/web/20120529102807/http://arstechnica.com/information-technology/2008/04/drm-sucks-redux-microsoft-to-nuke-msn-music-drm-keys/|url-status=live}}</ref> Yahoo! Music Store,<ref>{{cite news|url=https://arstechnica.com/uncategorized/2008/07/drm-still-sucks-yahoo-music-going-dark-taking-keys-with-it/|title=DRM still sucks: Yahoo Music going dark, taking keys with it|date=24 July 2008|access-date=18 May 2012|publisher=Ars Technica|first=Nate|last=Anderson|archive-date=18 November 2012|archive-url=https://web.archive.org/web/20121118025222/http://arstechnica.com/uncategorized/2008/07/drm-still-sucks-yahoo-music-going-dark-taking-keys-with-it/|url-status=live}}</ref> Adobe Content Server 3 for Adobe PDF,<ref>{{cite web|url=http://kb2.adobe.com/cps/409/kb409073.html|title=Adobe Content 3 Server Discontinued|access-date=22 February 2011|archive-date=7 October 2011|archive-url=https://web.archive.org/web/20111007150727/http://kb2.adobe.com/cps/409/kb409073.html|url-status=live}}</ref> and Acetrax Video on Demand.<ref>{{cite web|url=http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml/|title=VOD Service Acetrax Shutting Down, Forcing Customers Through DRM Hoops To Retain Their Purchased Movies|date=23 May 2013 |access-date=23 May 2013|archive-date=9 June 2013|archive-url=https://web.archive.org/web/20130609212643/http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml|url-status=live}}</ref> | |||
'''Fictionwise''' | |||
In November 2012, ] announced that they were shutting down. Access to ebook downloads stopped on 31 January 2013. US and UK customers had a limited time-window (up to 26 April 2013) to opt-in to a transfer of (most of) their Fictionwise library to a Barnes & Nobel/NOOK UK account. Customers outside the US and UK lost access to new downloads of their books. For books in the secure Mobipocket format, this meant that customers would not be able to read the book on any new devices.<ref>{{cite web|url=http://www.mobileread.com/forums/showthread.php?t=196844/|title=Fictuonwise has shut down!|accessdate=2013-05-23}}</ref> | |||
====Piracy==== | |||
'''JManga ebook store''' | |||
DRM laws are widely flouted: according to Australia Official Music Chart Survey, copyright infringements from all causes are practised by millions of people.<ref>{{cite web|url=http://www.aria.com.au/pages/CurrentIssueInternetMusicFileSharingCDBurning.htm|title=Australia Recording industry Association Survey, 2003|access-date=5 February 2011|archive-date=17 February 2011|archive-url=https://web.archive.org/web/20110217014855/http://aria.com.au/pages/CurrentIssueInternetMusicFileSharingCDBurning.htm|url-status=live}}</ref> According to the EFF, "in an effort to attract customers, these music services try to obscure the restrictions they impose on you with clever marketing."<ref>{{cite web|url=https://www.eff.org/pages/customer-always-wrong-users-guide-drm-online-music|title=The Customer Is Always Wrong|publisher=]|access-date=6 February 2011|date=25 September 2007|archive-date=5 February 2011|archive-url=https://web.archive.org/web/20110205171449/http://www.eff.org/pages/customer-always-wrong-users-guide-drm-online-music|url-status=live}}</ref> | |||
In March 2013, ] announced that they were closing down, and advised all customers that they would lose all access to their content in May 2013.<ref>{{cite web|url=http://www.the-digital-reader.com/2013/03/16/digital-comics-distributor-jmanga-to-close-proves-once-again-that-drm-is-a-bad-idea/|title=JManga ebook Store Discontinued|accessdate=2013-03-17}}</ref> | |||
===Economic implication=== | |||
'''Waterstones ebook store''' | |||
====Trade-offs between control and sales==== | |||
In March 2013, ] announced that they were making changes to their eBook store, and advised customers that some of their ebooks would become unavailable for download after 18 April 2013. Waterstones advised affected customers to download before then. Any customer who had not kept their own backups and missed this 31-day window lost their ebooks.<ref>{{cite web|url=http://www.mobileread.com/forums/showthread.php?t=208813/|title=Waterstones customers losing access to some of their books|accessdate=2013-03-23}}</ref> | |||
], ex-president of the Microsoft Business Division, stated: "If they're going to pirate somebody, we want it to be us rather than somebody else".<ref>{{cite news|url=https://arstechnica.com/microsoft/news/2007/03/microsoft-executive-pirating-software-choose-microsoft.ars|work=Ars Technica|title=Microsoft executive: Pirating software? Choose Microsoft!|access-date=6 February 2011|date=13 March 2007|archive-date=23 February 2011|archive-url=https://web.archive.org/web/20110223072518/http://arstechnica.com/microsoft/news/2007/03/microsoft-executive-pirating-software-choose-microsoft.ars|url-status=live|first=Matt|last=Mondok}}</ref> An analogous argument was made in an early paper by Kathleen Conner and Richard Rummelt.<ref>{{cite journal |title=Software Piracy: An Analysis of Protection Strategies|author=Conner, Kathleen and Richard Rummelt |journal=Management Science|volume=37|year=1991|jstor=2632386|issue=2|pages=125–139 |doi=10.1287/mnsc.37.2.125}}</ref> A subsequent study of digital rights management for e-books by Gal Oestreicher-Singer and ] showed that relaxing some forms of DRM can be beneficial to rights holders because the losses from piracy are outweighed by the increase in value to legal buyers. Even if DRM were unbreakable, pirates still might not be willing to purchase, so sales might not increase.<ref>{{cite journal|url=http://aisel.aisnet.org/icis2004/42/|title=Are Digital Rights Valuable? Theory and Evidence from the eBook Industry|author=Oestreicher-Singer, Gal and Arun Sundararajan|journal=Proceedings of the International Conference on Information Systems|year=2004|access-date=26 February 2011|archive-date=24 July 2011|archive-url=https://web.archive.org/web/20110724230919/http://aisel.aisnet.org/icis2004/42/|url-status=live}}</ref> | |||
Piracy can be beneficial to some content providers by increase consumer awareness, spreading and popularizing content. This can also increase revenues via other media, such as live performances. | |||
'''Acetrax Video on Demand''' | |||
In May 2013, Acetrax announced they were shutting down. Refunds were provided for purchases of HD movies, but for standard definition versions, the only option made available was a limited time option to download to a Windows PC, but the movie would then be locked to that particular installation of Microsoft Media Player. Non-Windows users lost access to their SD movies.<ref>{{cite web|url=http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml/|title=VOD Service Acetrax Shutting Down, Forcing Customers Through DRM Hoops To Retain Their Purchased Movies|accessdate=2013-05-23}}</ref> | |||
Mathematical models suggest that DRM schemes can fail to do their job on multiple levels.<ref>{{cite web|title=Music Downloads and the Flip Side of Digital Rights Management|url=http://static.arstechnica.net/2011/10/11/mksc.1110.0668-1.pdf|url-status=dead|access-date=12 July 2012|archive-url=https://web.archive.org/web/20190807021340/http://static.arstechnica.net/2011/10/11/mksc.1110.0668-1.pdf|archive-date=7 August 2019|author=Dinah A. Vernik|author2=Devavrat Purohit |author3=Preyas S. Desai |year=2011}}</ref> The biggest failure is that the burden that DRM poses on a legitimate customer reduces the customer's willingness to buy. An ideal DRM would not inconvenience legal buyers. The mathematical models are strictly applicable to the music industry. | |||
===Environmental issues=== | |||
DRM can accelerate hardware obsolescence, turning it into ] sooner: | |||
* DRM-related restrictions on capabilities of hardware can artificially reduce the range of potential uses of the device (to the point of making a device consisting of general-purpose components usable only for a purpose approved, or with “content” provided, by the vendor), limit ]ability and repairability.<ref>http://www.copyright.gov/1201/2012/comments/James_Evans_Turner.pdf</ref><ref>http://www.ntia.doc.gov/files/ntia/publications/ntia_2012_dmca_letter_final.pdf</ref> Cf. ] ], ], ]. Examples: | |||
** ] (applies to discs as well as DVD players and drives); | |||
** the removal of the ] feature from Sony PlayStation 3 game consoles; | |||
** ], ] and similar. | |||
* Users may be forced to buy new devices for compatibility with DRM, i.a. through having to upgrade an operating system to one with different hardware requirements.<ref>{{cite web|url=http://www.defectivebydesign.org/blog/924|title="Wow starts now"? Software Freedom Activists Stand Up To VISTA Launch|last1=Heller|first1=Gregory|date=26 January 2007|work=Defective By Design.org|publisher=Free Software Foundation, Inc.|accessdate=1 January 2013}}</ref> | |||
==Alternatives== | |||
===Moral and legitimacy implications=== | |||
Several business models offer DRM alternatives.<ref name="infrastructure2000" /> | |||
# One of the principles of the Rule of Law is that "The law can be readily determined and is stable enough to allow individuals to plan their affairs."<ref>{{cite web|url=http://www.greenbag.org/v12n3/v12n3_nachbar.pdf|title=The Rule of Law Problem|accessdate=2011-02-06}}</ref> | |||
# A problem with DRM that EFF points to is: "... in an effort to attract customers, these music services try to obscure the restrictions they impose on you with clever marketing."<ref>{{cite web|url=http://www.eff.org/pages/customer-always-wrong-users-guide-drm-online-music|title=The Customer Is Always Wrong|accessdate=2011-02-06}}</ref> | |||
# DRM laws are widely flouted: according to Australia Official Music Chart Survey, copyright infringements from all causes are practised by millions of people.<ref>{{cite web|url=http://www.aria.com.au/pages/CurrentIssueInternetMusicFileSharingCDBurning.htm|title=Australia Recording industry Association Survey, 2003|accessdate=2011-02-05}}</ref> | |||
===Subscription=== | |||
That is, the law, or in this case, the contract between the user and seller, cannot be readily determined, and is widely broken. These facts reduce the ability of a law-abiding person to both detect when they've broken the law, and to feel a moral obligation to abide by DRM contract and law. | |||
Streaming services have created profitable business models by signing users to monthly subscriptions in return for access to the service's library. This model has worked for music (such as ], ], etc.) and video (such as ], ], ], etc.). | |||
# Is burning a music CD breaking the law? | |||
# Is giving a CD I've purchased to a friend breaking the law? | |||
# Is burning a CD, and then giving it to a friend, breaking the law? | |||
# Is purchasing a CD, and listening to it, and then returning it to the store for resale breaking the law? | |||
# Is purchasing, ripping a CD, and then returning it to the store for resale breaking the law? | |||
The answers to these questions are non-obvious, which breaks one of the fundamental principles of the Rule of Law listed above.<ref>{{cite web|url=http://wiki.answers.com/Q/Is_selling_burned_CDs_legal|title=Is selling burned CDs legal?|accessdate=2011-02-06}}</ref> | |||
===Relaxing some forms of DRM can be beneficial=== | |||
Jeff Raikes, ex-president of the Microsoft Business Division, stated: "If they're going to pirate somebody, we want it to be us rather than somebody else".<ref>{{cite web |url= http://arstechnica.com/microsoft/news/2007/03/microsoft-executive-pirating-software-choose-microsoft.ars |title=Microsoft executive: Pirating software? Choose Microsoft!|accessdate=2011-02-06}}</ref> An analogous argument was made in an early paper by Kathleen Conner and Richard Rummelt.<ref>{{cite journal |title=Software Piracy: An Analysis of Protection Strategies|author=Conner, Kathleen and Richard Rummelt |journal=Management Science|volume=37|year=1991|url=http://www.jstor.org/stable/2632386|issue=2}}</ref> A subsequent study of digital rights management for ebooks by ] and ] showed that relaxing some forms of DRM can be beneficial to digital rights holders because the losses from piracy are outweighed by the increases in value to legal buyers.<ref>{{cite web |url=http://aisel.aisnet.org/icis2004/42/|title=Are Digital Rights Valuable? Theory and Evidence from the eBook Industry|author=Oestreicher-Singer, Gal and Arun Sundararajan|work=Proceedings of the International Conference on Information Systems|year=2004}}</ref> | |||
Also, free distribution, even if unauthorized, can be beneficial to small or new content providers by spreading and popularizing content and therefore generating a larger consumer base by sharing and word of mouth. Several musicians have grown to popularity by posting their music videos on sites like YouTube where the content is free to listen to. This method of putting the product out in the world free of DRM not only generates a greater following but also fuels greater revenue through other merchandise (hats, t-shirts), concert tickets, and of course, more sales of the content to paying consumers. | |||
===Can increase piracy=== | |||
While the main intent of DRM is to prevent unauthorized copies of a product, there are mathematical models that suggest that DRM can fail to do their job on multiple levels.<ref>{{cite web|title=Music Downloads and the Flip Side of Digital Rights Management|url=http://static.arstechnica.net/2011/10/11/mksc.1110.0668-1.pdf|accessdate=12 July 2012|author=Dinah A. Vernik|author2=Devavrat Purohit |author3=Preyas S. Desai |year=2011}}</ref> Ironically, the biggest failure that can result from DRM is that they have a potential to increase the piracy of a product. This goes against the held belief that DRM can always reduce piracy. There also seems to be evidence that DRM will reduce profits. | |||
The driving factor behind why DRM have the potential to increase piracy is related to how many restrictions they impose on a legal buyer. An ideal DRM would be one which imposes zero restrictions on legal buyers but makes imposing restrictions on pirates. Even if an ideal DRM can be created and used, in certain cases, it can be shown that removing the DRM will result in less piracy. This is also true when the DRM is not ideal and it does impose restrictions on legal buyers. The reason for this is because, when the DRM is imposed, pirates are able to lift the restrictions set by it. This leads pirates being able to get more utility out of the product than legal consumers and this is what causes the increase in piracy. | |||
The important factor for companies is how all of this affects their profits. As mentioned, removing DRM will increase profits whether the DRM are ideal or not. Removing DRM can make the product cheaper. For the ideal DRM, the reason why profits can increase is because of the price elasticity of demand is elastic. Since there are also less people pirating and more people legally buying, more profits are going to be made. For the non-ideal DRM this is also true, especially when there are a high number of restrictions associated with it. | |||
The mathematical models are strictly applied to the music industry (music CDs, downloadable music). These models could be extended to the other industries such as the gaming industry which show similarities to the music industry model. There are real instances when DRM restrain consumers in the gaming industry. Some DRM games are required to connect to the internet in order to play them. If one can't connect to the internet or if the service is down, one can't play.<ref>{{cite web|last=Sinclair|first=Brendan|title=Ubisoft DRM games to be temporarily unplayable|url=http://www.gamespot.com/news/ubisoft-drm-games-to-be-temporarily-unplayable-6349732}}</ref> ]' head of public relations and marketing, Trevor Longino, in agreement with this, believes that using DRM is less effective than improving a game's value in reducing video game piracy.<ref>{{cite web|last=Dobra|first=Andrei|title=DRM Doesn't Stop Piracy, Game Content Does, Good Old Games Believes|url=http://news.softpedia.com/news/DRM-Doesn-t-Stop-Piracy-Game-Content-Does-Good-Old-Games-Believes-237641.shtml|accessdate=12 July 2012}}</ref> However, TorrentFreak published a "Top 10 pirated games of 2008" list which shows that intrusive DRM is not the main reason why some games are pirated more heavily than others. Popular games such as BioShock, Crysis Warhead, and Mass Effect which use intrusive DRM are strangely absent from the list.<ref name="Tweakguides: PC Game Piracy Examined: Page 4" /> | |||
==Alternatives to DRM== | |||
Several business models have been proposed that offer an alternative to the use of DRM by content providers and rights holders.<ref name="infrastructure2000">Committee on Intellectual Property Rights in the Emerging Information Infrastructure, National Research Council. (2000) "The Digital Dilemma: Intellectual Property in the Information Age." 3 May 2011. http://www.nap.edu/catalog.php?record_id=9601#toc</ref> | |||
==="Easy and cheap"=== | ==="Easy and cheap"=== | ||
Accessing a pirated copy can be illegal and inconvenient. Businesses that charge acceptable fees for doing so tend to attract customers. A business model that dissuades illegal file sharing is to make legal content downloading easy and cheap. Pirate websites often host ] which ].<ref>{{cite web|url=http://betanews.com/2014/04/30/surprise-surprise-almost-every-piracy-website-features-cyber-scams/|title=Surprise, surprise – almost every piracy website features cyber scams|work=BetaNews|access-date=8 October 2014|date=30 April 2014|archive-date=13 October 2014|archive-url=https://web.archive.org/web/20141013142627/http://betanews.com/2014/04/30/surprise-surprise-almost-every-piracy-website-features-cyber-scams/|url-status=live}}</ref> If content is provided on legitimate sites and is reasonably priced, consumers are more likely to purchase media legally.<ref name="infrastructure2000" /> | |||
Comedian ] made headlines in 2011 with the release of his ] '']'' as an inexpensive ($5), DRM-free download. The only attempt to deter piracy was a letter emphasizing the lack of corporate involvement and direct relationship between artist and viewer. The film was a commercial success, turning a profit within 12 hours of its release. Some, including the artist himself, have suggested that piracy rates were lower than normal as a result, making the release an important case study for the digital marketplace.<ref>{{cite web|url=https://buy.louisck.net/news/a-statement-from-louis-c-k|title=Louis CK: Live at the Beacon Theater|publisher=Buy.louisck.net|date=13 December 2011|accessdate=2012-01-07}}</ref><ref>{{cite web|last=Ingram|first=Mathew|url=http://www.businessweek.com/technology/what-louis-ck-knows-that-most-media-companies-dont-12142011.html|title=What Louis C.K. Knows That Most Media Companies Don't|publisher=Businessweek|date=2011-12-14|accessdate=2012-01-07}}</ref><ref>{{cite news|author=chris hannay|url=http://www.theglobeandmail.com/technology/tech-news/why-louis-cks-big-payday-proves-the-internet-has-ethics/article4181150/|title=Why Louis C.K.'s big payday proves the Internet has ethics|publisher=The Globe and Mail|date=6 September 2012|accessdate=2012-01-07}}</ref> | |||
Webcomic ] released a DRM-free PDF ebook on author R Stevens's 35th birthday,<ref>{{cite web|url=http://news.cnet.com/8301-30685_3-57359936-264/a-new-drm-free-experiment-diesel-sweeties/|title=A New DRM-free Experiment: Diesel Sweeties|publisher=news.cnet.com|date=17 January 2012|accessdate=2012-02-17}}</ref><ref>{{cite web|url=http://www.dieselsweeties.com/ebooks//|title=Diesel Sweeties Webcomics Ebook|publisher=www.dieselsweeties.com|accessdate=2012-02-17}}</ref><ref>{{cite web|url=http://boingboing.net/2012/01/17/free-pdf-of-the-first-diesel-s.html|title=Free PDF of the first Diesel Sweeties comic collection|publisher=boingboing.net|accessdate=2012-02-17}}</ref> leading to more than 140,000 downloads in the first month, according to Stevens.<ref>{{cite web|url=http://www.kickstarter.com/projects/dieselsweeties/diesel-sweeties-ebook-stravaganza-3000|title=Diesel Sweeties eBook-Stravaganza 3000 by Richard Stevens — Kickstarter|publisher=Kickstarter.com|accessdate=2012-02-20}}</ref> He followed this with a DRM-free iBook specifically for the iPad, using Apple's new software,<ref>{{cite web|url=http://www.dieselsweeties.com/blog/?p=737|title=An Experiment in iBookery|publisher=dieselsweeties.com|date=23 January 2012|accessdate=2012-02-17}}</ref> which generated more than 10,000 downloads in three days.<ref name="dieselsweeties740">{{cite web|url=http://www.dieselsweeties.com/blog/?p=740|title=iBooks Follow-up|publisher=dieselsweeties.com|date=26 January 2012|accessdate=2012-02-17}}</ref> That led Stevens to launch a ] project – "ebook stravaganza 3000" – to fund the conversion of 3,000 comics, written over 12 years, into a single "humongous" ebook to be released both for free and through the iBookstore; launched February 8, 2012, with the goal of raising $3,000 in 30 days, the project met its goal in 45 minutes, and went on to be funded at more than 10 times its original goal.<ref>{{cite web|url=http://www.kickstarter.com/projects/dieselsweeties/diesel-sweeties-ebook-stravaganza-3000|title=Diesel Sweeties eBook-Stravaganza 3000|accessdate=2012-02-17}}</ref> The "payment optional" DRM-free model in this case was adopted on Stevens' view that "there is a class of webcomics reader who would prefer to read in large chunks and, even better, would be willing to spend a little money on it."<ref name="dieselsweeties740"/> | |||
===Crowdfunding/pre-order model=== | |||
In February 2012 ] asked for an upcoming video game, '']'', for ] on ] and offered the game DRM-free for backers. This project exceeded its original goal of $400,000 in 45 days, raising in excess of $2 million.<ref>{{cite web|url=http://www.kickstarter.com/projects/66710809/double-fine-adventure|title=Double Fine Adventure|accessdate=2012-02-17}}</ref><ref>{{cite web|url=http://www.videogamer.com/news/double_fines_adventure_game_will_be_drm_free_for_backers.html|title=Double Fine's adventure game will be DRM free for backers|publisher=videogamer.com|date=16 February 2012|accessdate=2012-02-17}}</ref> In this case DRM free was offered to backers as an incentive for supporting the project pre-release, with the consumer/community support and media attention from the highly successful Kickstarter drive counterbalancing {{citation needed span|any loss through piracy.|date=June 2013}} Also, crowdfunding with the product itself as benefit for the supporters can be seen as ] or ] in which one motivation for DRM, the uncertainty if a product will have enough paying customers to outweight the development costs, is eliminated. After the success of ''Double Fine Adventure'' many games were crowdfunded and many of them offered a DRM-free game version for the backers.<ref> on theinquirer.net</ref><ref> on techspot.com</ref><ref> on technologytell.com</ref> | |||
===Instantaneous cloud media=== | |||
A second business model to consider is a ]-based system which contains all the digital media that users are interested in. Users are granted access to this cloud for an easy and cheap low month or yearly fee. A system like this that is designed to provide streaming digital media through a social atmosphere would over time create a ] eliminating piracy of digital media. With a system like this users can easily obtain all the digital media they are interested in easily at their finger tips.<ref name="Steinbock">{{cite book|last=Steinbock|first=Dan|title=The Mobile Revolution: The Making of Worldwide Mobile Markets}}</ref> A cloud infrastructure like this would allow digital computing with easily available software for users but also allow other forms of digital media such as music, movies and books.<ref>{{cite web|url=http://www.businessmodelsinc.com/2012/02/16/2150|title=Free drives paid - The business model of Spotify|deadurl=yes|accessdate=12 July 2012}}{{dead link|date=April 2014}}</ref> | |||
Companies who have adopted this model include ] and ]. Spotify advertises a free business model, where users are given free music with advertising or for a monthly fee no advertising. Users who use the free version of Spotify grow accustomed to the customizability and personalization of making playlists. This personalizable and customizable data feeds Spotify with detailed information which they can use to increase revenues. In addition, Spotify creates a social atmosphere through connecting with social networks such as Facebook.<ref>{{cite web|url=http://mashable.com/2012/03/22/spotify-social-media/|title=Spotify}}</ref> This social network is advertising in itself, a business model advantage.{{citation needed|date=February 2014}} | |||
{{Advert|subsection|advertisement and contains repetition|date=June 2013}} | |||
Intel Insider provides movies from the mobile platform to the TV.<ref>{{cite web|url=http://www.engadget.com/2011/01/03/intel-to-launch-insider-movie-service-with-1080p-content-widi-2/|title=Intel to launch Insider movie service with 1080p content, WiDi 2.0 will let you stream it to your TV|deadurl=no|accessdate=12 July 2012}}</ref> This technology controls access to movies and prevents users from being able to copy and redistribute the media. Through the purchase of their enabled hardware, users can view movies. This technology is essentially DRM in itself. With the protected audio and video paths users are prevented from even accessing the media and are only able to see the effects of it coming out the TV.<ref>{{cite web|url=http://www.anandtech.com/show/4115/intel-insider-sandy-bridge-gets-1080p-high-bitrate-streaming|title=Intel Insider: Sandy Bridge Gets 1080p High Bitrate Streaming|deadurl=no|accessdate=12 July 2012}}</ref> | |||
===Crowdfunding or pre-order=== | |||
Media streaming from the cloud in encrypted forms provides a strong piracy deterrent.<ref>{{cite web|url=http://support.brightcove.com/en/docs/protecting-your-videos-drm|title=Protecting your Videos with DRM|deadurl=no|accessdate=12 July 2012}}</ref> However, this is also a magnet for media enthusiasts who are interested in easily obtainable media. Providing this cheap and easily obtainable media connected to social networking promotes growth in user experiences and throughput. With this cloud model any user can connect and enjoy instantaneous gratification.<ref name="Steinbock"/> | |||
] has been used as a publishing model for digital content.<ref name="videogamer" /> | |||
=== |
===Promotion for traditional products=== | ||
Many artists give away individual tracks to create awareness for a subsequent album.<ref name="infrastructure2000" /> | |||
Many artists are using the Internet to give away music to create awareness and liking to a new upcoming album. The artists release a new song on the internet for free download, which consumers can download. The hope is to have the listeners buy the new album because of the free download.<ref name="infrastructure2000"/> A common practice used today is releasing a song or two on the internet for consumers to indulge. In 2007, Radiohead released an album named In Rainbows, in which fans could pay any amount they want, or download it for free.<ref>Monaghan, Angela. (2007). "Radiohead Challenges Labels With Free Album." Web. 10 May 2011. http://www.telegraph.co.uk/finance/markets/2816893/Radiohead-challenges-labels-with-free-album.html</ref> The disadvantage to giving away a new single on an album is that it may discourage the consumers from buying the whole album if they dislike the single. | |||
===Artistic Freedom Voucher=== | ===Artistic Freedom Voucher=== | ||
The Artistic Freedom Voucher (AFV) introduced by Dean Baker is a way for consumers to support |
The Artistic Freedom Voucher (AFV) introduced by ] is a way for consumers to support "creative and artistic work". In this system, each consumer receives a refundable tax credit of $100 to give to any artist of creative work. To restrict fraud, the artists must register with the government. The voucher prohibits any artist that receives the benefits from copyrighting their material for a certain length of time. Consumers would be allowed to obtain music for a certain amount of time easily and the consumer would decide which artists receive the $100. The money can either be given to one artist or to many, and this distribution is up to the consumer.<ref>Baker, Dean. (2003). "The Artistic Freedom Voucher: An Internet Age Alternative to Copyrights." Pg. 2–8. Web. 3 May. 2011. http://www.cepr.net/documents/publications/ip_2003_11.pdf {{Webarchive|url=https://web.archive.org/web/20110516024418/http://www.cepr.net/documents/publications/ip_2003_11.pdf |date=16 May 2011}}</ref> | ||
==Historical note== | |||
A very early implementation of DRM was the Software Service System (SSS) devised by the Japanese engineer Ryoichi Mori in 1983 | |||
<ref> (Publication #60-077218), ''Software Control System'', Japan Patent Office, October 5, 1983, Ryoichi Mori, applicant. Reported by ].</ref> and subsequently refined under the name ]. The SSS was based on encryption, with specialized hardware that controlled decryption and also enabled payments to be sent to the copyright holder. The underlying principle of the SSS and subsequently of superdistribution was that the distribution of encrypted digital products should be completely unrestricted and that users of those products would not just be permitted to redistribute them but would actually be encouraged to do so. | |||
==See also== | ==See also== | ||
*] | |||
{{Portal|Computer science}} | |||
*] | |||
*] | |||
===Related concepts=== | |||
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*] | ||
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*] | ||
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* ] | |||
*] | |||
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* ] | |||
===Lawsuits=== | |||
* '']'' | |||
* '']'' | |||
* '']'' | |||
* '']'' | |||
===Organizations=== | |||
* ] – European Information, Communications and Consumer Electronics Technology Industry Associations | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ], a ] ] which is a proponent of ] and ] | |||
* ] | |||
* ] | |||
==References== | ==References== | ||
{{reflist| |
{{reflist|refs= | ||
<ref name="infrastructure2000">Committee on Intellectual Property Rights in the Emerging Information Infrastructure, National Research Council. (2000) "The Digital Dilemma: Intellectual Property in the Information Age." 3 May 2011. http://www.nap.edu/catalog.php?record_id=9601#toc {{Webarchive|url=https://web.archive.org/web/20120120212259/http://www.nap.edu/catalog.php?record_id=9601#toc |date=20 January 2012}}</ref> | |||
}} | |||
==Further reading== | ==Further reading== | ||
{{refbegin}} | |||
* ]'s '']'', published by ] in 2004, is available for . The book is a legal and social history of copyright. Lessig is well known, in part, for arguing recent landmark cases on copyright law. A Professor of Law at ], Lessig writes for an educated lay audience, including for non-lawyers. He is, for the most part, an opponent of DRM technologies. | |||
*]'s '']'', published by ] in 2004, is available for {{Webarchive|url=https://web.archive.org/web/20090916145748/http://www.free-culture.cc/freeculture.pdf |date=16 September 2009 }}. The book is a legal and social history of copyright. Lessig is well known, in part, for arguing landmark cases on copyright law. A professor of law at ], Lessig writes for an educated lay audience, including for non-lawyers. He is, for the most part, an opponent of DRM technologies. | |||
* Rosenblatt, B. et al., ''Digital Rights Management: Business and Technology'', published by M&T Books (]) in 2001. An overview of DRM technology, business implications for content publishers, and relationship to U.S. copyright law. | |||
*Rosenblatt, B. et al., ''Digital Rights Management: Business and Technology'', published by M&T Books (]) in 2001. An overview of DRM technology, business implications for content publishers, and relationship to U.S. copyright law. | |||
* , published in 10 languages (Czech, German, Greek, English, Spanish, French, Hungarian, Italian, Polish, Swedish), produced by the | |||
*, published in 10 languages (Czech, German, Greek, English, Spanish, French, Hungarian, Italian, Polish, Swedish), produced by the | |||
* Eberhard Becker, ], Dirk Günnewig, Niels Rump: ''Digital Rights Management - Technological, Economic, Legal and Political Aspects''. An 800 page compendium from 60 different authors on DRM. | |||
*Eberhard Becker, ], Dirk Günnewig, Niels Rump: ''Digital Rights Management – Technological, Economic, Legal and Political Aspects''. An 800-page compendium from 60 different authors on DRM. | |||
* ]'s uses the following digital rights conjecture, that "digital rights increases the incidence of digital piracy, and that managing digital rights therefore involves restricting the rights of usage that contribute to customer value" to show that creative pricing can be an effective substitute for excessively stringent DRM. | |||
*]'s uses the following digital rights conjecture, that "digital rights increases the incidence of digital piracy, and that managing digital rights therefore involves restricting the rights of usage that contribute to customer value" to show that creative pricing can be an effective substitute for excessively stringent DRM. | |||
* Fetscherin, M., ''Implications of Digital Rights Management on the Demand for Digital Content'', provides an excellent view on DRM from a consumers perspective. {{cite web|url=http://www.dissertation.de/index.php3?active_document=buch.php3&buch=4731|title=Buch- und online Publikationen|publisher=dissertation.de|date=1998-02-05|accessdate=2010-08-31}} | |||
*Fetscherin, M., ''Implications of Digital Rights Management on the Demand for Digital Content'', provides a view on DRM from a consumers perspective. {{cite web|url=http://www.dissertation.de/index.php3?active_document=buch.php3&buch=4731|title=Buch- und online Publikationen|publisher=dissertation.de|date=5 February 1998|access-date=31 August 2010|archive-url=https://web.archive.org/web/20101205230016/http://www.dissertation.de/index.php3?active_document=buch.php3&buch=4731|archive-date=5 December 2010|url-status=dead}} | |||
* '']'', a book with colorful illustrations and having a coloring book version, by 'MCM'. It describes DRM in terms suited to kids, written in reaction to a Canadian entertainment industry copyright education initiative, aimed at children. | |||
*'']'', a book with colorful illustrations and having a coloring book version, by 'MCM'. It describes DRM in terms suited to kids, written in reaction to a Canadian entertainment industry copyright education initiative, aimed at children. | |||
* ''Present State and Emerging Scenarios of Digital Rights Management Systems'' - A paper by Marc Fetscherin which provides an overview of the various components of DRM, pro and cons and future outlook of how, where, when such systems might be used. | |||
*''Present State and Emerging Scenarios of Digital Rights Management Systems'' – A paper by Marc Fetscherin which provides an overview of the various components of DRM, pro and cons and future outlook of how, where, when such systems might be used. | |||
* '''' - Richard Menta article on ] discusses how DRM is implemented in ways to control consumers, but is undermining perceived product value in the process. | |||
*'''' – Richard Menta article on ] discusses how DRM is implemented in ways to control consumers, but is undermining perceived product value in the process. | |||
* '''' - PhD Thesis by Roberto García that tries to address DRM issues using Semantic Web technologies and methodologies. | |||
*'''' – PhD Thesis by Roberto García that tries to address DRM issues using Semantic Web technologies and methodologies. | |||
* Patricia Akester, "Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment" available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1469412 (unveiling, through empirical lines of enquiry, (1) whether certain acts which are permitted by law are being adversely affected by the use of DRM and (2) whether technology can accommodate conflicts between freedom of expression and DRM). | |||
*Patricia Akester, "Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment" available at {{Webarchive|url=https://web.archive.org/web/20220216045217/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1469412 |date=16 February 2022 }} (unveiling, through empirical lines of enquiry, (1) whether certain acts which are permitted by law are being adversely affected by the use of DRM and (2) whether technology can accommodate conflicts between freedom of expression and DRM). | |||
{{refend}} | |||
==External links== | ==External links== | ||
{{Wikiquote}} | {{Wikiquote}} | ||
{{commons category}} | {{commons category}} | ||
* |
* Q&A: What is DRM? | ||
* |
* by ] | ||
*{{webarchive |url=https://web.archive.org/web/20101208173800/http://www.microsoft.com/windows/windowsmedia/forpros/drm/faq.aspx |date=8 December 2010 |title=Windows Media DRM FAQ }} from Microsoft | |||
* {{dead link|date=April 2014}} DRM technology in media publishing | |||
*, by Cory Doctorow | |||
* {{wayback|url=http://www.microsoft.com/windows/windowsmedia/forpros/drm/faq.aspx|date=20101208173800|title=Windows Media DRM FAQ}} from Microsoft | |||
* by Reckon LLP | |||
* , by Cory Doctorow | |||
*{{webarchive |url=https://web.archive.org/web/20080308232149/http://ec.europa.eu/enterprise/ict/policy/doc/drm.pdf |date=8 March 2008 |title=Digital Rights Management }} from CEN/ISSS (European Committee for Standardization / Information Society Standardization System). Contains a range of possible definitions for DRM from various stakeholders. 30 September 2003 | |||
* by Reckon LLP | |||
* Article investigating the effects of DRM and piracy on the video game industry | |||
* {{wayback|url=http://ec.europa.eu/enterprise/ict/policy/doc/drm.pdf|date=20080308232149|title=Digital Rights Management}} from CEN/ISSS (European Committee for Standardization / Information Society Standardization System). Contains a range of possible definitions for DRM from various stakeholders. 30 September 2003 | |||
* Information about DRM by ], ], ], ], and other organisations. | |||
* Article investigating the effects of DRM and piracy on the video game industry | |||
* Information about DRM by ], ], ], ], and other organisations. | |||
{{FOSS}} | {{FOSS}} | ||
{{Intellectual property activism}} | {{Intellectual property activism}}{{Information security}}{{Broadcast encryption}} | ||
{{Authority control}} | |||
{{DEFAULTSORT:Digital Rights Management}} | |||
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Latest revision as of 17:02, 13 December 2024
Technology to control access to copyrighted works and prevent unauthorized copying
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Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures (TPM), such as access control technologies, can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification and distribution of copyrighted works (e.g. software, multimedia content) and of systems that enforce these policies within devices. DRM technologies include licensing agreements and encryption.
Laws in many countries criminalize the circumvention of DRM, communication about such circumvention, and the creation and distribution of tools used for such circumvention. Such laws are part of the United States' Digital Millennium Copyright Act (DMCA), and the European Union's Information Society Directive – with the French DADVSI an example of a member state of the European Union implementing that directive.
Copyright holders argue that DRM technologies are necessary to protect intellectual property, just as physical locks prevent personal property from theft. For examples, they can help the copyright holders for maintaining artistic controls, and supporting licenses' modalities such as rentals. Industrial users (i.e. industries) have expanded the use of DRM technologies to various hardware products, such as Keurig's coffeemakers, Philips' light bulbs, mobile device power chargers, and John Deere's tractors. For instance, tractor companies try to prevent farmers from making repairs via DRM.
DRM is controversial. There is an absence of evidence about the DRM capability in preventing copyright infringement, some complaints by legitimate customers for caused inconveniences, and a suspicion of stifling innovation and competition. Furthermore, works can become permanently inaccessible if the DRM scheme changes or if a required service is discontinued. DRM technologies have been criticized for restricting individuals from copying or using the content legally, such as by fair use or by making backup copies. DRM is in common use by the entertainment industry (e.g., audio and video publishers). Many online stores such as OverDrive use DRM technologies, as do cable and satellite service operators. Apple removed DRM technology from iTunes around 2009. Typical DRM also prevents lending materials out through a library, or accessing works in the public domain.
Introduction
The rise of digital media and analog-to-digital conversion technologies has increased the concerns of copyright-owners, particularly within the music and video industries. While analog media inevitably lose quality with each copy generation and during normal use, digital media files may be duplicated without limit with no degradation. Digital devices make it convenient for consumers to convert (rip) media originally in a physical, analog or broadcast form into a digital form for portability or later use. Combined with the Internet and file-sharing tools, made unauthorized distribution of copyrighted content (digital piracy) much easier.
History
DRM became a major concern with the growth of the Internet in the 1990s, as piracy crushed CD sales and online video became popular. It peaked in the early 2000s as various countries attempted to respond with legislation and regulations and dissipated in the 2010s as social media and streaming services largely replaced piracy and content providers elaborated next-generation business models.
Early efforts
In 1983, the Software Service System (SSS) devised by the Japanese engineer Ryuichi Moriya was the first example of DRM technology. It was subsequently refined under the name superdistribution. The SSS was based on encryption, with specialized hardware that controlled decryption and enabled payments to be sent to the copyright holder. The underlying principle was that the physical distribution of encrypted digital products should be completely unrestricted and that users of those products would be encouraged to do so.
An early DRM protection method for computer and Nintendo Entertainment System games was when the game would pause and prompt the player to look up a certain page in a booklet or manual that came with the game; if the player lacked access to the material, they would not be able to continue.
An early example of a DRM system is the Content Scramble System (CSS) employed by the DVD Forum on DVD movies. CSS uses an encryption algorithm to encrypt content on the DVD disc. Manufacturers of DVD players must license this technology and implement it in their devices so that they can decrypt the content. The CSS license agreement includes restrictions on how the DVD content is played, including what outputs are permitted and how such permitted outputs are made available. This keeps the encryption intact as the content is displayed.
In May 1998, the Digital Millennium Copyright Act (DMCA) passed as an amendment to US copyright law. It had controversial (possibly unintended) implications. Russian programmer Dmitry Sklyarov was arrested for alleged DMCA infringement after a presentation at DEF CON. The DMCA has been cited as chilling to legitimate users; such as security consultants including Niels Ferguson, who declined to publish vulnerabilities he discovered in Intel's secure-computing scheme due to fear of arrest under DMCA; and blind or visually impaired users of screen readers or other assistive technologies.
In 1999, Jon Lech Johansen released DeCSS, which allowed a CSS-encrypted DVD to play on a computer running Linux, at a time when no compliant DVD player for Linux had yet been created. The legality of DeCSS is questionable: one of its authors was sued, and reproduction of the keys themselves is subject to restrictions as illegal numbers.
More modern examples include ADEPT, FairPlay, Advanced Access Content System.
The World Intellectual Property Organization Copyright Treaty (WCT) was passed in 1996. The US Digital Millennium Copyright Act (DMCA), was passed in 1998. The European Union enacted the Information Society Directive. In 2006, the lower house of the French parliament adopted such legislation as part of the controversial DADVSI law, but added that protected DRM techniques should be made interoperable, a move which caused widespread controversy in the United States. The Tribunal de grande instance de Paris concluded in 2006, that the complete blocking of any possibilities of making private copies was an impermissible behaviour under French copyright law.
2000s
The broadcast flag concept was developed by Fox Broadcasting in 2001, and was supported by the MPAA and the U.S. Federal Communications Commission (FCC). A ruling in May 2005 by a United States courts of appeals held that the FCC lacked authority to impose it on the US TV industry. It required that all HDTVs obey a stream specification determining whether a stream can be recorded. This could block instances of fair use, such as time-shifting. It achieved more success elsewhere when it was adopted by the Digital Video Broadcasting Project (DVB), a consortium of about 250 broadcasters, manufacturers, network operators, software developers, and regulatory bodies from about 35 countries involved in attempting to develop new digital TV standards.
In January 2001, the Workshop on Digital Rights Management of the World Wide Web Consortium was held.
On 22 May 2001, the European Union passed the Information Society Directive, with copyright protections.
In 2003, the European Committee for Standardization/Information Society Standardization System (CEN/ISSS) DRM Report was published.
In 2004, the Consultation process of the European Commission, and the DG Internal Market, on the Communication COM(2004)261 by the European Commission on "Management of Copyright and Related Rights" closed.
In 2005, DRM Workshops of Directorate-General for Information Society and Media (European Commission), and the work of the High Level Group on DRM were held.
In 2005, Sony BMG installed DRM software on users' computers without clearly notifying the user or requiring confirmation. Among other things, the software included a rootkit, which created a security vulnerability. When the nature of the software was made public much later, Sony BMG initially minimized the significance of the vulnerabilities, but eventually recalled millions of CDs, and made several attempts to patch the software to remove the rootkit. Class action lawsuits were filed, which were ultimately settled by agreements to provide affected consumers with a cash payout or album downloads free of DRM.
Microsoft's media player Zune released in 2006 did not support content that used Microsoft's PlaysForSure DRM scheme.
Windows Media DRM, reads instructions from media files in a rights management language that states what the user may do with the media. Later versions of Windows Media DRM implemented music subscription services that make downloaded files unplayable after subscriptions are cancelled, along with the ability for a regional lockout. Tools like FairUse4WM strip Windows Media of DRM restrictions.
The Gowers Review of Intellectual Property by the British Government from Andrew Gowers was published in 2006 with recommendations regarding copyright terms, exceptions, orphaned works, and copyright enforcement.
DVB (DVB-CPCM) is an updated variant of the broadcast flag. The technical specification was submitted to European governments in March 2007. As with much DRM, the CPCM system is intended to control use of copyrighted material by the end-user, at the direction of the copyright holder. According to Ren Bucholz of the Electronic Frontier Foundation (EFF), "You won't even know ahead of time whether and how you will be able to record and make use of particular programs or devices". The normative sections were approved for publication by the DVB Steering Board, and formalized by ETSI as a formal European Standard (TS 102 825-X) where X refers to the Part number. Nobody has yet stepped forward to provide a Compliance and Robustness regime for the standard, so it is not presently possible to fully implement a system, as no supplier of device certificates has emerged.
In December 2006, the industrial-grade Advanced Access Content System (AACS) for HD DVD and Blu-ray Discs, a process key was published by hackers, which enabled unrestricted access to AACS-protected content.
In January 2007, EMI stopped publishing audio CDs with DRM, stating that "the costs of DRM do not measure up to the results." In March, Musicload.de, one of Europe's largest internet music retailers, announced their position strongly against DRM. In an open letter, Musicload stated that three out of every four calls to their customer support phone service are as a result of consumer frustration with DRM.
Apple Inc. made music DRM-free after April 2007 and labeled all music as "DRM-Free" after 2008. Other works sold on iTunes such as apps, audiobooks, movies, and TV shows are protected by DRM.
A notable DRM failure happened in November 2007, when videos purchased from Major League Baseball prior to 2006 became unplayable due to a change to the servers that validate the licenses.
In 2007, the European Parliament supported the EU's direction on copyright protection.
Asus released a soundcard which features a function called "Analog Loopback Transformation" to bypass the restrictions of DRM. This feature allows the user to record DRM-restricted audio via the soundcard's built-in analog I/O connection.
Digital distributor GOG.com (formerly Good Old Games) specializes in PC video games and has a strict non-DRM policy.
Baen Books and O'Reilly Media, dropped DRM prior to 2012, when Tor Books, a major publisher of science fiction and fantasy books, first sold DRM-free e-books.
The Axmedis project completed in 2008. It was a European Commission Integrated Project of the FP6, has as its main goal automating content production, copy protection, and distribution, to reduce the related costs, and to support DRM at both B2B and B2C areas, harmonizing them.
The INDICARE project was a dialogue on consumer acceptability of DRM solutions in Europe that completed in 2008.
In mid-2008, the Windows version of Mass Effect marked the start of a wave of titles primarily making use of SecuROM for DRM and requiring authentication with a server. The use of the DRM scheme in 2008's Spore led to protests, resulting in searches for an unlicensed version. This backlash against the activation limit led Spore to become the most pirated game in 2008, topping the top 10 list compiled by TorrentFreak. However, Tweakguides concluded that DRM does not appear to increase video game piracy, noting that other games on the list, such as Call of Duty 4 and Assassin's Creed, use DRM without limits or online activation. Additionally, other video games that use DRM, such as BioShock, Crysis Warhead, and Mass Effect, do not appear on the list.
Many mainstream publishers continued to rely on online DRM throughout the later half of 2008 and early 2009, including Electronic Arts, Ubisoft, Valve, and Atari, The Sims 3 being a notable exception in the case of Electronic Arts. Ubisoft broke with the tendency to use online DRM in late 2008, with the release of Prince of Persia as an experiment to "see how truthful people really are" regarding the claim that DRM was inciting people to use illegal copies. Although Ubisoft has not commented on the results of the "experiment", Tweakguides noted that two torrents on Mininova had over 23,000 people downloading the game within 24 hours of its release.
In 2009, Amazon remotely deleted purchased copies of George Orwell's Animal Farm (1945) and Nineteen Eighty-Four (1949) from customers' Amazon Kindles after refunding the purchase price. Commentators described these actions as Orwellian and compared Amazon to Big Brother from Nineteen Eighty-Four. Amazon CEO Jeff Bezos then issued a public apology. FSF wrote that this was an example of the excessive power Amazon has to remotely censor content, and called upon Amazon to drop DRM. Amazon then revealed the reason behind its deletion: the e-books in question were unauthorized reproductions of Orwell's works, which were not within the public domain and that the company that published and sold on Amazon's service had no right to do so.
2010 – present
Ubisoft formally announced a return to online authentication on 9 February 2010, through its Uplay online game platform, starting with Silent Hunter 5, The Settlers 7, and Assassin's Creed II. Silent Hunter 5 was first reported to have been compromised within 24 hours of release, but users of the cracked version soon found out that only early parts of the game were playable. The Uplay system works by having the installed game on the local PCs incomplete and then continuously downloading parts of the game code from Ubisoft's servers as the game progresses. It was more than a month after the PC release in the first week of April that software was released that could bypass Ubisoft's DRM in Assassin's Creed II. The software did this by emulating a Ubisoft server for the game. Later that month, a real crack was released that was able to remove the connection requirement altogether.
In March 2010, Uplay servers suffered a period of inaccessibility due to a large-scale DDoS attack, causing around 5% of game owners to become locked out of playing their game. The company later credited owners of the affected games with a free download, and there has been no further downtime.
In 2011, comedian Louis C.K. released his concert film Live at the Beacon Theater as an inexpensive (US$5), DRM-free download. The only attempt to deter unlicensed copies was a letter emphasizing the lack of corporate involvement and direct relationship between artist and viewer. The film was a commercial success, turning a profit within 12 hours of its release. The artist suggested that piracy rates were lower than normal as a result, making the release an important case study for the digital marketplace.
In 2012, the EU Court of Justice ruled in favor of reselling copyrighted games.
In 2012, India implemented digital rights management protection.
In 2012, webcomic Diesel Sweeties released a DRM-free PDF e-book. He followed this with a DRM-free iBook specifically for the iPad that generated more than 10,000 downloads in three days. That led Stevens to launch a Kickstarter project – "ebook stravaganza 3000" – to fund the conversion of 3,000 comics, written over 12 years, into a single "humongous" e-book to be released both for free and through the iBookstore; launched 8 February 2012, with the goal of raising $3,000 in 30 days. The "payment optional" DRM-free model in this case was adopted on Stevens' view that "there is a class of webcomics reader who would prefer to read in large chunks and, even better, would be willing to spend a little money on it."
In February 2012, Double Fine asked for crowdfunding for an upcoming video game, Double Fine Adventure, on Kickstarter and offered the game DRM-free for backers. This project exceeded its original goal of $400,000 in 45 days, raising in excess of $2 million. Crowdfunding acted as a pre-order or alternatively as a subscription. After the success of Double Fine Adventure, many games were crowd-funded and many offered a DRM-free version.
Websites – such as library.nu (shut down by court order on 15 February 2012), BookFi, BookFinder, Library Genesis, and Sci-Hub – allowed e-book downloading by violating copyright.
As of 2013, other developers, such as Blizzard Entertainment put most of the game logic is on the "side" or taken care of by the servers of the game maker. Blizzard uses this strategy for its game Diablo III and Electronic Arts used this same strategy with their reboot of SimCity, the necessity of which has been questioned.
In 2014, the EU Court of Justice ruled that circumventing DRM on game devices was legal under some circumstances.
In 2014, digital comic distributor Comixology allowed rights holders to provide the option of DRM-free downloads. Publishers that allow this include Dynamite Entertainment, Image Comics, Thrillbent, Top Shelf Productions, and Zenescope Entertainment.
In February 2022, Comixology, which was later under the ownership of Amazon, ended the option of downloading DRM-free downloads on all comics, although any comics previously purchased prior to the date will have the option to download comics without DRM.
Technologies
Verification
Product keys
A product key, typically an alphanumerical string, can represent a license to a particular copy of software. During the installation process or software launch, the user is asked to enter the key; if the key is valid (typically via internal algorithms), the key is accepted, and the user can continue. Product keys can be combined with other DRM practices (such as online "activation"), to prevent cracking the software to run without a product key, or using a keygen to generate acceptable keys.
Activation limits
DRM can limit the number of devices on which a legal user can install content. This restriction typically support 3-5 devices. This affects users who have more devices than the limit. Some allow one device to be replaced with another. Without this software and hardware upgrades may require an additional purchase.
Persistent online DRM
Main article: Always-on DRMAlways-on DRM checks and rechecks authorization while the content is in use by interacting with a server operated by the copyright holder. In some cases, only part of the content is actually installed, while the rest is downloaded dynamically during use.
Encryption
Encryption alters content in a way that means that it cannot be used without first decrypting it. Encryption can ensure that other restriction measures cannot be bypassed by modifying software, so DRM systems typically rely on encryption in addition to other techniques.
Copy restriction
Microsoft PlayReady prevents illicit copying of multimedia and other files.
Restrictions can be applied to electronic books and documents, in order to prevent copying, printing, forwarding, and creating backup copies. This is common for both e-publishers and enterprise Information Rights Management. It typically integrates with content management system software.
While some commentators claim that DRM complicates e-book publishing, it has been used by organizations such as the British Library in its secure electronic delivery service to permit worldwide access to rare documents which, for legal reasons, were previously only available to authorized individuals actually visiting the Library's document centre.
Four main e-book DRM schemes are in common use, from Adobe, Amazon, Apple, and the Marlin Trust Management Organization (MTMO).
- Adobe's DRM is applied to EPUBs and PDFs, and can be read by several third-party e-book readers, as well as Adobe Digital Editions (ADE) software. Barnes & Noble uses DRM technology provided by Adobe, applied to EPUBs and the older PDB (Palm OS) format e-books.
- Amazon's DRM is an adaption of the original Mobipocket encryption and is applied to Amazon's
.azw4
, KF8, and Mobipocket format e-books. Topaz format e-books have their own encryption system. - Apple's FairPlay DRM is applied to EPUBs and can be read only by Apple's iBooks app on iOS devices and Mac OS computers.
- The Marlin DRM was developed and is maintained by open industry group Marlin Developer Community (MDC) and is licensed by MTMO. (Marlin was founded by Intertrust, Panasonic, Philips, Samsung, and Sony.) Online textbook publisher Kno uses Marlin to protect EPUB books. These books can be read on the Kno App for iOS and Android.
Runtime restrictions
Windows Vista contains a DRM system called Protected Media Path, which contains Protected Video Path (PVP). PVP tries to stop DRM-restricted content from playing while unsigned software is running, in order to prevent the unsigned software from accessing the content. Additionally, PVP can encrypt information during transmission to the monitor or the graphics card, which makes it more difficult to make unauthorized recordings.
Bohemia Interactive have used a form of technology since Operation Flashpoint: Cold War Crisis, wherein if the game copy is suspected of being unauthorized, annoyances like guns losing their accuracy or the players turning into a bird are introduced. Croteam's Serious Sam 3: BFE causes a special invincible foe in the game to appear and constantly attack the player until they are killed.
Regional lockout
Main article: Regional lockoutRegional lockout (or region coding) prevents the use of a certain product or service, except in a specific region or territory. Lockout may be enforced through physical means, through technological means such as inspecting the user's IP address or using an identifying code, or through unintentional means introduced by devices that support only region-specific technologies (such as video formats, i.e., NTSC and PAL).
Tracking
Watermarks
Digital watermarks can be steganographically embedded within audio or video data. They can be used for recording the copyright owner, the distribution chain or identifying the purchaser. They are not complete DRM mechanisms in their own right, but are used as part of a system for copyright enforcement, such as helping provide evidence for legal purposes, rather than enforcing restrictions.
Some audio/video editing programs may distort, delete, or otherwise interfere with watermarks. Signal/modulator-carrier chromatography may separate watermarks from the recording or detect them as glitches. Additionally, comparison of two separately obtained copies of audio using basic algorithms can reveal watermarks.
Metadata
Sometimes, metadata is included in purchased media which records information such as the purchaser's name, account information, or email address. Also included may be the file's publisher, author, creation date, download date, and various notes. This information is not embedded in the content, as a watermark is. It is kept separate from the content, but within the file or stream.
As an example, metadata is used in media purchased from iTunes for DRM-free as well as DRM-restricted content. This information is included as MPEG standard metadata.
Hardware
US Cable television set-top boxes require a specific piece of hardware to operate. The CableCard standard is used to restrict content to services to which the customer is subscribed. Content has an embedded broadcast flag that the card examines to decide whether the content can be viewed by a specific user.
Implementations
- Analog Protection System (Macrovision)
- DCS Copy Protection
- B-CAS
- CableCARD
- Broadcast flag
- DVB-CPCM
- Conditional-access module
- Copy Control Information
- ISDB#Copy-protection technology
- FairPlay
- Extended Copy Protection (XCP)
- Content Scramble System (CSS)
- ARccOS protection
- Advanced Access Content System (AACS)
- Content Protection for Recordable Media (CPRM)
- Digital Transmission Content Protection
- High-bandwidth Digital Content Protection (HDCP)
- Protected Media Path
- Trusted Platform Module#Uses
- Intel Management Engine#Design
- Cinavia
- HTML video Encrypted Media Extensions (HTML EME, often implemented with Widevine)
- Denuvo
- StarForce
- SafeDisc
- SecuROM
- SafetyNet
- Google Play Integrity
In addition, platforms such as Steam may include DRM mechanisms. Most of the mechanisms above are copy protection mechanisms rather than DRM mechanisms per se.
Laws
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The World Intellectual Property Organization supports the World Intellectual Property Organization Copyright Treaty (WCT) which requires nations to enact laws against DRM circumvention. The WIPO Internet Treaties do not mandate criminal sanctions, merely requiring "effective legal remedies".
Australia
Australia prohibits circumvention of "access control technical protection measures" in Section 116 of the Copyright Act. The law currently imposes penalties for circumvention of such measures as well as the manufacturing and distribution of tools to enable it.
DRM may be legally circumvented under a few distinct circumstances which are named as exceptions in the law:
- permission of the rightsholder
- enabling interoperability with copyrighted software
- encryption research
- security testing
- disabling access to private information (circumvention only)
- national security or law enforcement
- library acquisition decisions (circumvention only)
- acts prescribed by regulation (circumvention only)
A person circumventing the access control bears the burden of proof that one of these exceptions apply.
Penalties for violation of the anti-circumvention laws include an injunction, monetary damages, and destruction of enabling devices.
China
China's copyright law was revised in 2001 and included a prohibition on "intentionally circumventing or destroying the technological measures taken by a right holder for protecting the copyright or copyright-related rights in his work, sound recording or video recording, without the permission of the copyright owner, or the owner of the copyright-related rights". However, the Chinese government had faced backlash from Nintendo over the heavy burden on law enforcement action against circumvention devices, stating that the police only view game copiers as infringing Nintendo's trademark, not as infringing copyright. In response, Nintendo obtained copyright registration for its software in 2013 to make it easier to make law enforcement against game copiers and other circumvention devices.
European Union
For broader coverage of this topic, see Copyright law of the European Union.The EU operates under its Information Society Directive, its WIPO implementation. The European Parliament then directed member states to outlaw violation of international copyright for commercial purposes. Punishments range from fines to imprisonment. It excluded patent rights and copying for personal, non-commercial purposes. Copyrighted games can be resold. Circumventing DRM on game devices is legal under some circumstances; protections cover only technological measures the interfere with prohibited actions.
India
India acceded to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on July 4, 2018, after a 2012 amendment to the Copyright Act criminalized the circumvention of technical protections. Fair use is not explicitly addressed, but the anti-circumvention provisions do not prohibit circumventing for non-infringing purposes.
Israel
Israel is not a signatory to the WIPO Copyright Treaty. Israeli law does not expressly prohibit the circumvention of technological protection measures.
Japan
Japan outlawed circumvention of technological protection measures on June 23, 1999 through an amendment of its 1970 copyright law. The private copying exception does not apply if it has become available due to circumvention of TPMs, and circumvention of a TPM is deemed as copyright infringement. However, circumvention is allowed for research purposes or if it otherwise does not harm the rightsholder's interests.
Pakistan
Pakistan is not a signatory to the WIPO Copyright Treaty or the WIPO Performances and Phonograms Treaty. Pakistani law does not criminalize the circumvention of technological protection measures.
As of January 2022, Pakistan's Intellectual Property Office intended to accede to the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. However, there has been no major progress for Pakistan to accede to the treaties, and the timeline of the enactments of amendments to the Copyright Ordinance is unclear. As of February 2023, Pakistan's Intellectual Property Office was currently finalizing draft amendments to its Copyright Ordinance.
United States
Main article: Digital Millennium Copyright ActUS protections are governed by the Digital Millennium Copyright Act (DMCA). It criminalizes the production and dissemination of technology that lets users circumvent copy-restrictions. Reverse engineering is expressly permitted, providing a safe harbor where circumvention is necessary to interoperate with other software.
Open-source software that decrypts protected content is not prohibited per se. Decryption done for the purpose of achieving interoperability of open source operating systems with proprietary systems is protected. Dissemination of such software for the purpose of violating or encouraging others to violate copyrights is prohibited.
DMCA has been largely ineffective. Cirumvention software is widely available. However, those who wish to preserve the DRM systems have attempted to use the Act to restrict the distribution and development of such software, as in the case of DeCSS. DMCA contains an exception for research, although the exception is subject to qualifiers that created uncertainty in that community.
Cryptanalytic research may violate the DMCA, although this is unresolved.
Notable lawsuits
- DVD Copy Control Association, Inc. v. Bunner
- DVD Copy Control Association, Inc. v. Kaleidescape, Inc.
- RealNetworks, Inc. v. DVD Copy Control Association, Inc.
- Universal v. Reimerdes
Opposition
DRM faces widespread opposition. John Walker and Richard Stallman are notable critics. Stallman has claimed that using the word "rights" is misleading and suggests that the word "restrictions", as in "Digital Restrictions Management", replace it. This terminology has been adopted by other writers and critics.
Other prominent critics include Ross Anderson, who heads a British organization that opposes DRM and similar efforts in the UK and elsewhere, and Cory Doctorow. EFF and organizations such as FreeCulture.org are opposed to DRM. The Foundation for a Free Information Infrastructure criticized DRM's effect as a trade barrier from a free market perspective.
Bruce Schneier argues that digital copy prevention is futile: "What the entertainment industry is trying to do is to use technology to contradict that natural law. They want a practical way to make copying hard enough to save their existing business. But they are doomed to fail." He described trying to make digital files uncopyable as like "trying to make water not wet".
The creators of StarForce stated that "The purpose of copy protection is not making the game uncrackable – it is impossible."
Bill Gates spoke about DRM at 2006 CES, saying that DRM causes problems for legitimate consumers.
The Norwegian consumer rights organization "Forbrukerrådet" complained to Apple in 2007 about the company's use of DRM, accusing it of unlawfully restricting users' access to their music and videos, and of using EULAs that conflict with Norwegian consumer legislation. The complaint was supported by consumers' ombudsmen in Sweden and Denmark, and was reviewed in the EU in 2014. The United States Federal Trade Commission held hearings in March 2009, to review disclosure of DRM limitations to customers' use of media products.
Valve president Gabe Newell stated, "most DRM strategies are just dumb" because they only decrease the value of a game in the consumer's eyes. Newell suggested that the goal should instead be " greater value for customers through service value". Valve operates Steam, an online store for PC games, as well as a social networking service and a DRM platform.
At the 2012 Game Developers Conference, the CEO of CD Projekt Red, Marcin Iwinski, announced that the company would not use DRM. Iwinski stated of DRM, "It's just over-complicating things... the game... is cracked in two hours." Iwinski added "DRM does not protect your game. If there are examples that it does, then people maybe should consider it, but then there are complications with legit users."
The Association for Computing Machinery and the Institute of Electrical and Electronics Engineers opposed DRM, naming AACS as a technology "most likely to fail" in an issue of IEEE Spectrum.
Public licenses
The GNU General Public License version 3, as released by the Free Software Foundation, has a provision that "strips" DRM of its legal value, so people can break the DRM on GPL software without breaking laws such as the DMCA. In May 2006, FSF launched a "Defective by Design" campaign against DRM.
Creative Commons provides licensing options that encourage creators to work without the use of DRM. Creative Commons licenses have anti-DRM clauses, making the use of DRM by a licensee a breach of the licenses' Baseline Rights.
DRM-free works
Many publishers and artists label their works "DRM-free". Major companies that have done so include Apple, GOG.com, Tor Books and Vimeo on Demand. Comixology once had DRM-free works available for sale until 2022 when its parent company, Amazon, removed the option to buy DRM-free works as part of their migration to Amazon's website, although previous purchases remained DRM-free.
Shortcomings
Availability
Many DRM systems require online authentication. Whenever the server goes down, or a territory experiences an Internet outage, it locks out people from registering or using the material. This is especially true for products that require a persistent online connection, where, for example, a successful DDoS attack on the server essentially makes the material unusable.
Usability
Compact discs (CDs) with DRM schemes are not standards-compliant, and are labeled CD-ROMs. CD-ROMs cannot be played on all CD players or personal computers.
Performance
Certain DRM systems have been associated with reduced performance: some games implementing Denuvo Anti-Tamper performed better without DRM. However, in March 2018, PC Gamer tested Final Fantasy XV for the performance effects of Denuvo, which was found to cause no negative gameplay impact despite a little increase in loading time.
Robustness
DRM copy-prevention schemes can never be wholly secure since the logic needed to decrypt the content is present either in software or hardware and implicitly can be hacked. An attacker can extract this information, decrypt and copy the content, bypassing the DRM.
Satellite and cable systems distribute their content widely and rely on hardware DRM systems. Such systems can be hacked by reverse engineering the protection scheme.
Analog hole
Audio and visual material (excluding interactive materials, e.g., video games) are subject to the analog hole, namely that in order to view the material, the digital signal must be turned into an analog signal. Post-conversion, the material can be then be copied and reconverted to a digital format.
The analog hole cannot be filled without externally imposed restrictions, such as legal regulations, because the vulnerability is inherent to all analog presentation. The conversion from digital to analog and back reduces recording quality. The HDCP attempt to plug the analog hole was largely ineffective.
Consumer rights
Ownership restrictions
DRM opponents argue that it violates private property rights and restricts a range of normal and legal user activities. A DRM component such as that found on a digital audio player restricts how it acts with regard to certain content, overriding user's wishes (for example, preventing the user from copying a copyrighted song to CD as part of a compilation). Doctorow described this as "the right to make up your own copyright laws".
Windows Vista disabled or degraded content play that used a Protected Media Path. DRM restricts the right to make personal copies, provisions lend copies to friends, provisions for service discontinuance, hardware agnosticism, software and operating system agnosticism, lending library use, customer protections against contract amendments by the publisher, and whether content can pass to the owner's heirs.
Obsolescence
When standards and formats change, DRM-restricted content may become obsolete.
When a company undergoes business changes or bankruptcy, its previous services may become unavailable. Examples include MSN Music, Yahoo! Music Store, Adobe Content Server 3 for Adobe PDF, and Acetrax Video on Demand.
Piracy
DRM laws are widely flouted: according to Australia Official Music Chart Survey, copyright infringements from all causes are practised by millions of people. According to the EFF, "in an effort to attract customers, these music services try to obscure the restrictions they impose on you with clever marketing."
Economic implication
Trade-offs between control and sales
Jeff Raikes, ex-president of the Microsoft Business Division, stated: "If they're going to pirate somebody, we want it to be us rather than somebody else". An analogous argument was made in an early paper by Kathleen Conner and Richard Rummelt. A subsequent study of digital rights management for e-books by Gal Oestreicher-Singer and Arun Sundararajan showed that relaxing some forms of DRM can be beneficial to rights holders because the losses from piracy are outweighed by the increase in value to legal buyers. Even if DRM were unbreakable, pirates still might not be willing to purchase, so sales might not increase.
Piracy can be beneficial to some content providers by increase consumer awareness, spreading and popularizing content. This can also increase revenues via other media, such as live performances.
Mathematical models suggest that DRM schemes can fail to do their job on multiple levels. The biggest failure is that the burden that DRM poses on a legitimate customer reduces the customer's willingness to buy. An ideal DRM would not inconvenience legal buyers. The mathematical models are strictly applicable to the music industry.
Alternatives
Several business models offer DRM alternatives.
Subscription
Streaming services have created profitable business models by signing users to monthly subscriptions in return for access to the service's library. This model has worked for music (such as Spotify, Apple Music, etc.) and video (such as Netflix, Disney+, Hulu, etc.).
"Easy and cheap"
Accessing a pirated copy can be illegal and inconvenient. Businesses that charge acceptable fees for doing so tend to attract customers. A business model that dissuades illegal file sharing is to make legal content downloading easy and cheap. Pirate websites often host malware which attaches itself to the files served. If content is provided on legitimate sites and is reasonably priced, consumers are more likely to purchase media legally.
Crowdfunding or pre-order
Crowdfunding has been used as a publishing model for digital content.
Promotion for traditional products
Many artists give away individual tracks to create awareness for a subsequent album.
Artistic Freedom Voucher
The Artistic Freedom Voucher (AFV) introduced by Dean Baker is a way for consumers to support "creative and artistic work". In this system, each consumer receives a refundable tax credit of $100 to give to any artist of creative work. To restrict fraud, the artists must register with the government. The voucher prohibits any artist that receives the benefits from copyrighting their material for a certain length of time. Consumers would be allowed to obtain music for a certain amount of time easily and the consumer would decide which artists receive the $100. The money can either be given to one artist or to many, and this distribution is up to the consumer.
See also
- Anti-tamper software
- Closed platform
- Digital asset management
- License manager
- ODRL
- Right to repair
- Software metering
- Software protection dongle
- Secure Digital Music Initiative
- Trusted Computing
- Web Environment Integrity
References
- ^ "The pros, cons, and future of DRM". Cbc.ca. 7 August 2009. Archived from the original on 19 August 2013. Retrieved 7 January 2012.
Digital locks – also known as digital rights management (DRM) technologies or technological protection measures (TPM)
- Computer Forensics: Investigating Network Intrusions and Cybercrime. Cengage Learning. 16 September 2009. pp. 9–26. ISBN 978-1435483521.
- "Fact Sheet: Digital Rights Management and have to do: Technical Protection Measures". Priv.gc.ca. 24 November 2006. Archived from the original on 14 April 2016. Retrieved 29 July 2013.
- "Digital rights management". www.thomsonreuters.com. Retrieved 7 December 2024.
- "Digital Rights Management Systems and Copy Protection Schemes". eff.org. Archived from the original on 9 February 2011. Retrieved 13 February 2011.
- Kranich, Nancy. "Chap 1(pg.8)." The Information Commons. Creative Commons, 2004. Print.
- "Public Law 105 – 304 – Digital Millennium Copyright Act". U. S. Government Publishing Office. Archived from the original on 16 July 2018. Retrieved 26 July 2015.
- "Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society". Official Journal of the European Union. 22 June 2001. Archived from the original on 22 December 2015. Retrieved 26 July 2015.
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Further reading
- Lawrence Lessig's Free Culture, published by Basic Books in 2004, is available for free download in PDF format Archived 16 September 2009 at the Wayback Machine. The book is a legal and social history of copyright. Lessig is well known, in part, for arguing landmark cases on copyright law. A professor of law at Stanford University, Lessig writes for an educated lay audience, including for non-lawyers. He is, for the most part, an opponent of DRM technologies.
- Rosenblatt, B. et al., Digital Rights Management: Business and Technology, published by M&T Books (John Wiley & Sons) in 2001. An overview of DRM technology, business implications for content publishers, and relationship to U.S. copyright law.
- Consumer's Guide to DRM, published in 10 languages (Czech, German, Greek, English, Spanish, French, Hungarian, Italian, Polish, Swedish), produced by the INDICARE research and dialogue project
- Eberhard Becker, Willms Buhse, Dirk Günnewig, Niels Rump: Digital Rights Management – Technological, Economic, Legal and Political Aspects. An 800-page compendium from 60 different authors on DRM.
- Arun Sundararajan's uses the following digital rights conjecture, that "digital rights increases the incidence of digital piracy, and that managing digital rights therefore involves restricting the rights of usage that contribute to customer value" to show that creative pricing can be an effective substitute for excessively stringent DRM.
- Fetscherin, M., Implications of Digital Rights Management on the Demand for Digital Content, provides a view on DRM from a consumers perspective. "Buch- und online Publikationen". dissertation.de. 5 February 1998. Archived from the original on 5 December 2010. Retrieved 31 August 2010.
- The Pig and the Box, a book with colorful illustrations and having a coloring book version, by 'MCM'. It describes DRM in terms suited to kids, written in reaction to a Canadian entertainment industry copyright education initiative, aimed at children.
- Present State and Emerging Scenarios of Digital Rights Management Systems – A paper by Marc Fetscherin which provides an overview of the various components of DRM, pro and cons and future outlook of how, where, when such systems might be used.
- DRM is Like Paying for Ice – Richard Menta article on MP3 Newswire discusses how DRM is implemented in ways to control consumers, but is undermining perceived product value in the process.
- A Semantic Web Approach to Digital Rights Management – PhD Thesis by Roberto García that tries to address DRM issues using Semantic Web technologies and methodologies.
- Patricia Akester, "Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment" available at Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment Archived 16 February 2022 at the Wayback Machine (unveiling, through empirical lines of enquiry, (1) whether certain acts which are permitted by law are being adversely affected by the use of DRM and (2) whether technology can accommodate conflicts between freedom of expression and DRM).
External links
- BBC News Technology Q&A: What is DRM?
- Copyright vs Community in the Age of Computer Networks by Richard Stallman
- Windows Media DRM FAQ at the Wayback Machine (archived 8 December 2010) from Microsoft
- Microsoft Research DRM talk, by Cory Doctorow
- iTunes, DRM and competition law by Reckon LLP
- Digital Rights Management at the Wayback Machine (archived 8 March 2008) from CEN/ISSS (European Committee for Standardization / Information Society Standardization System). Contains a range of possible definitions for DRM from various stakeholders. 30 September 2003
- PC Game Piracy Examined Article investigating the effects of DRM and piracy on the video game industry
- DRM.info Information about DRM by Chaos Computer Club, Defective by design, Electronic Frontier Foundation, Free Software Foundation Europe, and other organisations.
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See also free-to-view and pay television |