Joho the Blog » Wendy Seltzer on the other problem with DRM

Wendy Seltzer on the other problem with DRM

Wendy Seltzer has posted an article that will run in Berkeley technology Law Journal (Jan. 25 2010) . In it she argues that the problems with DRM go beyond its failure to accommodate Fair Use:

The fair use debate is important, but it is not the only problem with DRM. Equally important, but thus far largely overlooked, is the impact on user-innovation and on the permitted development of media technology. Because DRM systems, by design and contract, must be hardened against user-modification, they foreclose a whole class of technology and mode of development. Moreover, this problem is distinct from that of fair use. Even if we could wave a magic wand and fully accomodate fair use in DRM, the incompatibility with user-innovation would persist, because it stems from a different and deeper aspect of the DRM system. Even the “fairest” DRM systems on the market today are unfair to the developers of new technology.

Anticircumvention law, backing TPMs [Trusted Platform Modules] and robustness rules, is fundamentally incompatible with deep-level user innovation…

Here is Wendy’s “Tell ‘em what you’re going to tell ‘em” paragraph:

First I briefly review the history and existing academic debates around DRM to consider why they have so overlooked the user-innovation impacts. The next sections examine the law and technology of digital rights management, particularly the interaction of statutory law, technological measures, and the contractual conditions generally attached to them. I focus particularly on the “robustness rules” in licenses at at this inter- section. I then introduce the rich literature on disruptive technology and user innovation, to argue that these copyright-driven constraints significantly harm cultural and technological development and user autonomy. I conclude that the mode-of-development tax is too high a price to pay for imperfect copyright protection.

5 Responses to “Wendy Seltzer on the other problem with DRM”

  1. As far as I recall it was first Cory Doctorow in his incredible “Content” who raised similar arguments against DRMs …

    I will however read Wendy’s text to see if he added some more original or stronger arguments to the debate …

  2. very good, well done/.

  3. [...] Wendy Seltzer on the other problem with DRM [...]

  4. [...] Wendy Seltzer on the other problem with DRM [...]

  5. A wonderful job. Super helpful ifnomraiton.

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