The topic of digital rights management technologies becomes more and more important for the modern society. Since technology is constantly developing and the numbers of consumers are growing, it is not surprising that people want and should be more aware of what their rights and obligations in the high-tech world are.
1. Theme: “Development of
Digital Libraries in IPR
Regime”
Subtheme: Digital Rights
Management
Himanshu Chandra
Sudhanshu chandra
Dr. Ram Manohar Lohiya National Law University
2. Introduction
The topic of digital rights management technologies becomes more and more important for the
modern society. Since technology is constantly developing and the numbers of consumers are
growing, it is not surprising that people want and should be more aware of what their rights and
obligations in the high-tech world are. Digital Rights Management is a new and evolving
technology that restricts a person from doing things over the Internet. It is a general term used to
describe any type of technology that aims to stop the practice of piracy 1. Digital Rights
Management is like a software code used to manage the rights of copyright owners when any
copyrighted material like books or songs are transmitted digitally2. The purpose of such a method
is to control the access of online content and limit its usage, for example, limiting the reading of
an e-book in a library. Only a part of the original article or e-book is available for reading
purposes if such a technique is used. By incorporating controls within the product, providers can
limit the amount of information that is to be made public and thus prevent the copyright
infringing material to be available on the Internet. Digital Rights Management in the present
scenario has to be carefully balanced in order to provide for the information needs of students in
libraries.
1.http://www.howstuffworks.com/drm.htm
2.Imprisoning the consumer behind a digital wall, the Hindu
3. Digital Rights Management poses one of the greatest challenges for content communities in this
digital age. Traditional rights management of physical materials benefited from the materials'
physicality as this provided some barrier to unauthorized exploitation of content. However, today
we already see serious breaches of copyright law because of the ease with which digital files can
be copied and transmitted.
Previously, Digital Rights Management (DRM) focused on security and encryption as a means of
solving the issue of unauthorized copying that is, lock the content and limit its distribution to only
those who pay. This was the first-generation of DRM, and it represented a substantial narrowing
of the real and broader capabilities of DRM. The second-generation of DRM covers the
description, identification, trading, protection, monitoring and tracking of all forms of rights
usages over both tangible and intangible assets including management of rights holders
relationships. Additionally, it is important to note that DRM is the "digital management of rights"
and not the "management of digital rights". That is, DRM manages all rights, not only the rights
applicable to permissions over digital content.
4. Where DRM technologies are used
1) Online Music/Videos: One of the wide spread examples for data where DRM protection
technologies are used are online audio and video files (or at least, legally available online audio
and video files). That is also logical, because the distributors need a way in which they can prove
whether the user has bought the license for the product or not. We can find DRM systems in the
Apple‟s iTunes store, Yahoo! Music, etc. Apple uses the Advanced Audio Coding format (AAC),
which protects the audio data inside the file by encryption.
If you choose to be a customer of Music load and buy their DRM protected music, you will be
allowed to burn it on a CD or transfer it between your computer and portable music player only
in case you have the valid license as well. This is a second file you receive along with the music
file when you purchase the track. You also need the license in order to play the music at all. Your
system and portable devices must be DRM compatible and the whole scheme works only under
Windows.
5. 2) Audio and Video CDs/DVDs: DRM technologies are also used to prevent you from copying
your audio or video CDs and DVDs or from playing them under some conditions. Currently
arising technologies like the Blu-ray disc and the HD-DVD take a great advantage of DRM
systems as well. You need a TV which supports digital encryption via a HDMI port3 or DVI port.
If you wish to watch the Blu-ray disc on your PC, your video card and monitor should be HDCP
compliant as well. Additionally, you can be charged money for making backup copies and your
player should be connected to the Internet in order to play the disc. Furthermore, Blu-ray discs
and HD-DVDs are generally not compatible with free software, so they cannot be run on systems
which do not use Windows or Mac OS.
3) E-Books: E-books are another media type which uses DRM protection technologies aiming to
limit the copying, printing, and sharing of the data. E-books are usually limited to a certain
number of reading devices (PCs or portable readers) and often any copying or printing is
forbidden. In order for these measures to be applied and managed, different software products are
used. The most popular of these are the Adobe Acrobat Reader and the Microsoft Reader.
Using Adobe Acrobat Reader you are able to read both DRM protected and DRM free
documents. You can easily find out what the specific restrictions (if any) applied to the certain
file are by selecting Document properties/Security. With Adobe Acrobat you can control the
printing, copying (of the whole document as well as of parts of the document), commenting,
signing, document assembly, and other properties of the work you create.
3. “High-Definition Multimedia Interface provides an interface between any audio/video source, such as a set-top box, DVD
player, or A/V receiver and an audio and/or video monitor, such as a digital television (DTV), over a single cable.”
6. 4) Software: Games, financial software, other products. The most popular example are probably
computer games. However, this applies to all kinds of programs which are not issued under a
Free Software license, like picture and media processing software, dictionaries, encyclopedias,
etc, and most importantly, financial and other kinds of corporative software. In the case of
computer games and other programs aimed at the average consumer the goal is preventing the use
of the product for people who have not bought the license. Measures such as copy prohibition (or
hindered copying of the source, so that afterwards the copy is unreadable), the requirement of the
original CD/DVD in your CD or DVD-ROM drive to run the program and, of course, protection
of the product with a license key are often used. In the simplest version you get the key at the
purchase of the software. In the case of the AutoCAD design application for example, you get
one key at the purchase. Then you have to register your copy online and get another key in order
to actually run the software. For professional products such as money transfer managing suites
etc, it is naturally essential to ensure that no unauthorized use of the product and alteration of the
data occur. Consequently, digital rights are managed through a complicated system of passwords,
authentication keys, integrity checks etc
7. Key concerns for libraries
The principal policy issues for libraries and schools are not derived from DRM technology, itself, but from the business
models the content industry chooses to enforce. DRM has uses far beyond simply enforcing traditional and long-standing
protections extant in current law. By embedding controls within the product, providers can prevent the public from use that is
non-infringing under copyright law as well as enforce restrictions that extend far beyond those specific rights enumerated in
the Copyright Act (or other laws). Thus, DRM changes the
fundamental relationship between the creators, publishers, and users, to the detriment of creators, users, and the institutions
that serve them. DRM, if not carefully balanced, limits the ability of libraries and schools to serve the information needs of
their users and their communities in several ways by:
Eliminating the “First sale” doctrine by limiting the secondary transfer of works to others. It is first sale that allows people
to share a favorite book or CD with a friend and that creates secondary markets for works. It is first sale that allows libraries
to loan lawfully acquired works to the public.
Enforcing a “Pay-per-use” model of information dissemination that, if it becomes the dominant or even sole mode of
access, will be contrary to the public purposes of copyright law. It should not be the business of government to favor or
enforce any particular business model in the information marketplace, particularly one that raises major issues of equity and
potentially severe economic consequences for public institutions.
Enforcing time limits or other limitations of use that prevent preservation and archiving. Many market models of DRM
distribution systems envision content that essentially disappears after a specific period of time or number of uses. DRM
technologies can also prevent copying content into new formats. Such controls will prevent libraries, historical archives,
museums, research institutions, and other cultural institutions from preserving and
providing long-term access to the knowledge products of our society. From the days of the Great Library of Alexandria,
society has turned to such institutions to preserve its cultural heritage and provide access to it. There is no evidence that
alternative organizations currently exist or will form to play that role in the digital pay-per-use world.
Eliminating “fair use” and other exceptions in Copyright Law that underpin education, criticism,
and scholarship. DRM technology can prevent normal uses of works protected by copyright law, such as printing
or excising portions for quotation. For libraries and schools to serve their educational, research, and information roles, the
public must be able to use works in the full range of ways envisioned by the Copyright Act in its limitations and exceptions.
8. Digital Rights Management in
Libraries
Digital Rights Management is a technique adopted in libraries by which the amount of
information available to the public can be limited. Libraries over the years have been
actively involved in delivering works in digital formats. This is achieved in two ways,
firstly one in which users has access to all the information and there are no restrictions on
how many users can access it at a time. Secondly, there is a limited way of delivering
information. These modes of disseminating information are known as the all you can eat
model and one user model. The all you can eat model is primarily used for research
materials, especially journal articles. With the development of large databases of digital
full text, academic library users are well-served with instant access to a significant
collection of materials. Access to these journal articles is through an institutional
subscription, not unlike the subscription to the same materials in paper format4. DRM is
a technology that allows copyright owners to regulate and manage their content when it
is disseminated in a digital format, and it is the reason that some patrons cannot access
some of the downloadable digital content that libraries provide5. One instance could be
that a person on buying a book can read it anywhere he wants, but the same cannot be
done with e-books because of Digital Rights Management.
4. http://www.indicare.org/tiki-read_article.php?articleId=95, the role of libraries in digital delivery systems.
9. DRM: Advantages and
Disadvantages
• DRM attempts to protect the
copyright holder‟s intellectual
property rights.
• Does not generally use other
forms of copy protection such as
“serial keys” and “key files”.
• Allow for secure content delivery
for the consumer.
• Allows for content providers to
monitor sales of their products
more efficienty.
• Cuts down on the amount of
piracy for a given piece of
software.
• Is very restrictive to the consumer
in usage.
• Is heavily reliant on licenses
which could expire, leaving the
consumer with software they paid
for no longer works.
• It is fairly ineffective in stopping
software piracy
• Not popular with the majority of
consumer.
• Various compatibility issues.
10. Conclusion
Thus far, there have been no provisions in the Indian Copyright Act, 1957
which deal with Digital Rights Management (DRM).
“The Copyright Act encourages authors to share their creative works with
society. The Constitution sets forth the purpose of copyright protection as the
promotion of „the Progress of Science‟, not the rewarding of
authors.” However, DRM offers and encourages a pay-per-use business model
that doesn‟t seem to be going anywhere.
Digital technologies are now constant part of the everyday life of millions of
people all over the world. That is why it is vital to be informed what your
rights, privileges and obligation concerning these technologies are. The
current paper has provided a broad overview on the topic. It has been shown
that Digital Rights Management technologies surround us at home, at work, in
our leisure time. The paper summarizes the most common implementations of
these technologies and gives a brief input on the most common ways on
which they are surmounted. Further, the technical side of the problem is
compared to the legal, underlining that copyright protection laws and DRM
technologies are different things and that often, the DRM technologies exceed
the legal rights and obligations they have been given by law.