Notes
Slide Show
Outline
1
Digital Rights Management and Public Policy
  • Alex Alben
  • V.P., RealNetworks, Inc.
  • Berkeley, CA.
  • February 28, 2003
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Splitting the ‘Bundle of Sticks’ into an infinite number of splinters
  • Digital products can be parsed by: Time, Number of Plays, Identity of User, Location of User, Type of Device.
  • Expectations derived from our familiarity with manipulating physical copies no longer apply.
  • Does enhancing the value of rights in copies necessarily diminish personal use rights?
  • Thesis--  We need to maintain both personal use and copy protection in order to create a marketplace that works.
3
DRM Enables New Business Models, but is that sufficient?
  • Music subscription– Rhapsody, PressPlay, MusicNet, AOL Music
  • Video subscription– StarzEncore, MovieLink
  • General entertainment– TourPass, TrackPass, Season Ticket, RealOne
  • Creating new concepts of product in the mind of the consumer:  What is the price point of a 30 day download that is tethered to a single computer?
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Roles and Responsibilities of the Key Actors
  • Content Owners– put the product into the marketplace and create licensing mechanisms that allow for mass distribution.
  • Consumers– use products in ways that are consistent with personal use.
  • Technology Companies– enable new business models and make DRM transparent to consumers.
  • Government– don’t regulate, don’t mandate and don’t choose winners.
  • Thinkers– create an intellectual framework for the new paradigm of digital distribution.
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Challenges Remain
  • Crafting a “fair use” exemption for distribution of a circumvention tool that does not end up “swallowing the rule.”
  • Limiting application of the DMCA to protecting valuable media– not garage door openers and printer cartridges.
  • Establishing a “broadcast flag” that does not create a framework for regulation of the home network.
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The Broadcast Flag
  • RN supports the proposal to mark digital television content with a broadcast flag.
  • News and local programming should not be marked.
  • Fair use within a broadly defined “home network” must be allowed.
  • No limitation on physical copies.
  • Is this the “thin edge of the wedge” on government regulation of content distribution?