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- Alex Alben
- V.P., RealNetworks, Inc.
- Berkeley, CA.
- February 28, 2003
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- 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.
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3
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- 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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- 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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5
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- 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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6
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- 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?
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