Digital rights management
This article needs additional citations for verification. (September 2022) |
Digital rights management (DRM) is the management of legal access to
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'
Copyright holders argue that DRM technologies are necessary to protect
DRM is controversial. There is an absence of evidence about the DRM capability in preventing
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
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.[25]
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
In May 1998, the
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.[28]
More modern examples include ADEPT, FairPlay, Advanced Access Content System.
The
2000s
The broadcast flag concept was developed by Fox Broadcasting in 2001, and was supported by the
In January 2001, the Workshop on Digital Rights Management of the World Wide Web Consortium was held.[29]
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.[30]
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.[31]
In 2005, DRM Workshops of
In 2005,
Microsoft's media player
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 (
In December 2006, the industrial-grade
In January 2007, EMI stopped publishing audio CDs with DRM, stating that "the costs of DRM do not measure up to the results."[41] 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.[42]
Apple Inc. made music DRM-free after April 2007[43] and labeled all music as "DRM-Free" after 2008.[44] Other works sold on iTunes such as apps, audiobooks, movies, and TV shows are protected by DRM.[45]
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.[46]
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.[47][48]
Digital distributor GOG.com (formerly Good Old Games) specializes in PC video games and has a strict non-DRM policy.[49]
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
Many mainstream publishers continued to rely on
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.[57] Commentators described these actions as Orwellian and compared Amazon to Big Brother from Nineteen Eighty-Four.[58][59][60][61] 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.[62] 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.[63]
2010 – present
Ubisoft formally announced a return to online authentication on 9 February 2010, through its
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.[70] The company later credited owners of the affected games with a free download, and there has been no further downtime.[71]
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.[72][73][74]
In 2012, the EU Court of Justice ruled in favor of reselling copyrighted games.[75]
In 2012, India implemented digital rights management protection.[76][77][78][79]
In 2012, webcomic Diesel Sweeties released a DRM-free PDF e-book.[80][81][82] He followed this with a DRM-free iBook specifically for the iPad[83] that generated more than 10,000 downloads in three days.[84] 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."[84]
In February 2012,
Websites – such as
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.[93]
In 2014, the
In 2014, digital comic distributor
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.[97][98]
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
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.
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.[99]
Restrictions can be applied to
While some commentators claim that DRM complicates e-book publishing,
Four main e-book DRM schemes are in common use, from
- 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.[105] - Apple's Mac OS computers.[citation needed]
- 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 Android.
Runtime restrictions
Windows Vista contains a DRM system called Protected Media Path, which contains Protected Video Path (PVP).[106] 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.[107] 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.[108][109]
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 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.[110]
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.[citation needed]
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.[111][112]
Hardware
US
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
This section needs additional citations for verification. (May 2014) |
The examples and perspective in this section may not represent a worldwide view of the subject. (November 2012) |
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".[113]
China
China's Interim Regulations ostensibly regulate digital content. China claims to protect intellectual property rights, although the World Trade Organization (WTO) alleges "that China's copyright laws do not provide the same efficacy to non-Chinese nationals as they do to Chinese citizens, as required by the Berne Convention" and that "China's copyright laws do not provide enforcement procedures so as to permit effective action against any act of infringement of intellectual property rights".[114]
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.[75] Circumventing DRM on game devices is legal under some circumstances; protections cover only technological measures the interfere with prohibited actions.[94][95]
India
India is not a signatory to
Israel
Israel is not a signatory to the WIPO Copyright Treaty. Israeli law does not expressly prohibit the circumvention of technological protection measures.[116]
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.[117]
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,[118] and the timeline of the enactments of amendments to the Copyright Ordinance is unclear.[119] As of February 2023, Pakistan's Intellectual Property Office was currently finalizing draft amendments to its Copyright Ordinance.[120]
United States
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 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.[121] 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[122] and Richard Stallman are notable critics.[123][124] Stallman has claimed that using the word "rights" is misleading and suggests that the word "restrictions", as in "Digital Restrictions Management", replace it.[125] This terminology has been adopted by other writers and critics.[126][127][128]
Other prominent critics include
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."[132] He described trying to make digital files uncopyable as like "trying to make water not wet".[133]
The creators of StarForce stated that "The purpose of copy protection is not making the game uncrackable – it is impossible."[134]
Bill Gates spoke about DRM at 2006 CES, saying that DRM causes problems for legitimate consumers.[135]
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
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 "[creating] 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.[137]
At the 2012
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.[139]
Public licenses
The
Creative Commons provides licensing options that encourage creators to work without the use of DRM.[142] Creative Commons licenses have anti-DRM clauses, making the use of DRM by a licensee a breach of the licenses' Baseline Rights.[143]
DRM-free works
Many publishers and artists label their works "DRM-free". Major companies that have done so include Apple,
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.[145] 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.[146]
Performance
Certain DRM systems have been associated with reduced performance: some games implementing
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.[129]
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.
Consumer rights
Ownership restrictions
DRM opponents argue that it violates
Windows Vista disabled or degraded content play that used a Protected Media Path.[154] DRM restricts the right to make personal copies, provisions lend copies to friends, provisions for service discontinuance, hardware agnosticism, software and operating system agnosticism,[155] lending library use, customer protections against contract amendments by the publisher, and whether content can pass to the owner's heirs.[156]
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,[157] Yahoo! Music Store,[158] Adobe Content Server 3 for Adobe PDF,[159] and Acetrax Video on Demand.[160]
Piracy
DRM laws are widely flouted: according to Australia Official Music Chart Survey, copyright infringements from all causes are practised by millions of people.[161] 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."[162]
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".[163] An analogous argument was made in an early paper by Kathleen Conner and Richard Rummelt.[164] 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.[165]
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.[166] 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.[167]
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.[168] If content is provided on legitimate sites and is reasonably priced, consumers are more likely to purchase media legally.[167]
Crowdfunding or pre-order
Crowdfunding has been used as a publishing model for digital content.[85]
Promotion for traditional products
Many artists give away individual tracks to create awareness for a subsequent album.[167]
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.[169]
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
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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 Newswirediscusses 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 Defective by design, Electronic Frontier Foundation, Free Software Foundation Europe, and other organisations.