DRM as an enabler of business models

Conference Paper … Lon Sobel, DRM as an Enabler of Business Models: ISPs as Digital Retailers, 18 Berkeley Tech. L.J. xx (forthcoming 2003). .(Word, PDF, HTML)

General Resources

Impacts of DRMs on innovation, competition, and security

General Resources




Impacts of DRMs on flows of information

Conference Paper. . Joseph Liu, The DMCA and the Regulation of Scientific Research, 18 Berkeley Tech. L.J. xx (forthcoming 2003). (Word, PDF, HTML)

General Resources

Internet Digital Rights Management (IDRM): IDRM is an IRTF (Internet Research Task Force) Research Group formed to research issue and technologies relating to Digital Rights Management (DRM) on the Internet. The IRTF is a sister organization of the Internet Engineering Task Force (IETF).

  • Oasis Rights Language Technical Committee: The purpose of the Rights Language TC is to define the industry standard for a digital rights language that supports a wide variety of business models and has an architecture that provides the flexibility to address the needs of the diverse communities that have recognized the need for a rights language.

  • The Digital Object Identifier System. The Digital Object Identifier (DOI) is a system for identifying and exchanging intellectual property in the digital environment. It provides a framework for managing intellectual content, for linking customers with content suppliers, for facilitating electronic commerce, and enabling automated copyright management for all types of media. Using DOIs makes managing intellectual property in a networked environment much easier and more convenient, and allows the construction of automated services and transactions for e-commerce.

  • Creative Commons. The aim of the Creative Commons project is to increase original source material online and make access to that material cheaper and easier. One project was the development of metadata that can be used to associate creative works with their public domain or license status in a machine-readable way.

  • INDECS Indecs is an international initiative of rights owners creating metadata standards for e-commerce. The site provides an analysis of the requirements for such metadata in a network environment.

  • OpenIPMP: OpenIPMP is an Objectlab project designed to create an open standards framework for managing digital media assests. This open source DRM solution was recently released to the public.

  • Dave Farber, CMU / DRM class Resource List and Mail List. Resources and mail list information from a DRM class taught by Dave Farber, Fall, 2002.

  • The NSF Middleware Initiative and Digital Rights Management Workshop. Held on Sept. 9, 2002 at Georgetwon focused on examining DRM requirements in Research and Education, and explore ways the work of the NMI might be leveraged towards developing DRM solutions to meet those requirements. Rather than focusing on the merits and failures of existing DRM solutions, the workshop will be looking at new DRM strategies that best support the needs of Research and Education.

  • NSF Workshop on Research Challenges in Digital Archiving: Towards a
    National Infrastructure for Long-Term Preservation of Digital Information.


    • Daniel J. Gervais, Electronic Rights Management and Digital Identifier Systems, Journal of Electronic Publishing. (March, 1999). Gervais examines the considerations necessary when building an electronic-copyright management system. In particular, he explores creating an digital information structure while retaining the current copyright regime.

    • John Erickson, OpenDRM: A Standards Framework for Digital Rights Expression, Messaging and Enforcement, (Sept. 2002). Erickson establishes a conceptual framework for evaluating rights expression languages, rights messaging protocols and mechanisms for policy enforcement and compliance. (.pdf file)

    • Bruce Schneier, The Futility of Digital Copy Prevention

    • The CEN/ISSS Digital Rights Management Group, Draft Report on DRM Standards Issues (February 5, 2003) (PDF). Provides a detailed snapshot of the current state of DRM Standards. It emphasizes the views of business and content producers.

    • Gordon E. Lyon, Information Technology: A Quick-Reference List of Organizations and Standards for Digital Rights Management, NIST, (December 12, 2002). An overview of the various groups involved in DRM. (.pdf file)

    • Bill Rosenblatt, Enterprise Content Integration: Next Steps Beyond DAM?, Discusses how DRM systems targeted to assist businesses in maintaining control over information (author titles Enterprise Content Integration systems) would allow companies to achieve goals of digital asset management, workflow management, and distribution of digital content. Provides examples of current products on the market and what remaining issues need to be addressed in next-generation products.

    • William K. Pollock, What’s the Difference Between CRM, VRM, PRM and DRM? And What Should This All Mean to Your Organization? (Originally published in the July/August 2002 issue of AFSMI’s Sbusiness; republished on the Strategies for Growth consulting company website). Discusses how DRM fits in with other business management products.

    • The Rights Stuff – Internet World, Enterprise Content Management Online. Examples of some current DRM products and how they are being used by businesses to implement “digital policy management.”

    • Pamela Samuelson, Anticircumvention Rules: Threat to Science, 293 Science 2028 (2001). Samuelson investigates the effect that anticircumvention prohibitions will have on encryption and computer security research. She urges the scientific community to take action against the current set of circumvention rules. (access to Science Magazine required)

    • Mairead Martin, Grace Agnew, David Kuhlman, John McNair, William Rhodes, and Ron Tipton. Federated Digital Rights Management: A Proposed Solution for Research and Education. D-Lib Magazine (July/August 2002). Martin et al. describe the efforts of the library and research communities to establish DRM models which support and enhance education and research using existing and future middleware infrastructure.

    • Renato Iannella, Digital Rights Management in the Higher Education Sector. This paper examines the impact of DRM on online interactive learning enviornments in the context of higher education. The author posits that the unique needs of the education community are not being served by the current focus of DRM on protecting the interests of proponents of rights enforcement. (.pdf file).


      • David Manasian, A Fine Balance: How Much Copyright Protection Does the Internet Need? (The Economist: SURVEY: THE INTERNET SOCIETY, Jan 23rd 2003). The Economist’s recent survey of the Internet includes DRM and Copyright Protection.

      • Clint Boulton, OASIS Sets Sights on XML for DRM, ASPnews (April 2, 2002) .

      • Susan Marks, A Stew of DRM Standards, Network World (February 18, 2002) A brief overview of some of the major players in setting DRM standards.

      • PR Web, OpenIPMP Seeks to Break the DRM Stalemate with Release of Open-Source, Open-Standard System (Feb. 7, 2003).

      • Lisa DiCarlo, Sony vs. Microsoft: Showdown In The Digital Rights Corral, Forbes Magazine, Jan. 9, 2003. Discusses the fight between companies for DRM system dominance as well as how enterprise DRM is an emerging market. Says that many analysts think that DRM systems will become an important component of business information security.

      • Jon Udell, DRM knocks at the enterprise door: Enterprises and their IT staffs can’t ignore digital rights management forever, InfoWorld, October 11, 2002. Brief article on emerging enterprise DRM systems and if they may be useful for IT staffs.

      • Tony Kontzer, No Longer A Pain In The Asset: Digital asset-management tools let companies manage unstructured data Information Week, Sept. 9, 2002. Article discussing how asset management systems can assist companies. Includes case study of how Coca-Cola has utilized new systems to help with managing its computer networks and information around the world.

      • Mark Gilbert and James Lundy, DRM’s short-term woes, CNet News (April 5, 2002, 2:35 PM PT). Commentary by Gartner Analysts who believe that there is a potential market for enterprise DRM as more companies move to online business models and will increasingly need to use the Internet to interact with partners, suppliers, and customers. However, the authors feel that there will not be a strong market for these DRM products for several years.

      • Darin Stewart, Flow Control: Having an actionable digital rights management vision can lead to important competitive advantages, Intelligent Enterprise (February 21, 2002). Discusses different uses for DRM and how emerging DRM systems may assist information managers in maintaining control over data assets.

      • John Snyder and Ben Snyder, Embrace File Sharing or Die, (Salon, February 1, 2003).

      • Andrea L. Foster, Seeing crucial computer-science work threatened, a Princeton professor takes on Congress, The Chronicle of Higher Education (November 29, 2002). Foster chronicles the crusade of Edward Felton against misguided DRM legislation that adversely impacts the research community. =


        Impacts of DRMs on consumers

        Conference Paper. . Julie Cohen, DRM and Privacy, 18 Berkeley Tech. L.J. xx (forthcoming 2003) . .(Word , PDF , HTML)
        Conference Paper. . Raymond Ku, Consumer Copying & Creative Destruction: A Critique of Fair Use as Market Failure, 18 Berkeley Tech. L.J. xx (forthcoming 2003). .(Word , PDF , HTML)

        General Resources

      • DigitalConsumer.Org. An organization proposing a Consumer Technology Bill of Rights. Their goal is to restore the balance of copyright law so that artists and creators can prosper while citizens have reasonable flexibility to use content in fair and legal ways.

      • Chilling Effects Clearinghouse. A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics aimed at helping consumers understand the First Amendment and intellectual property laws protections for online activities.

      • The Copyright Website. Copyright information site for visual, audio and digital information.


        • Deirdre Mulligan and Aaron Burstein, Supporting Limits on Copyright Exclusivity in a Rights Expression Language Standard. (August 13, 2002). Comments from Boalt’s Samuelson Clinic on how rights expression languages can support copyright and users’ rights within a DRM architecture, with recommendations for a standardized rights messaging protocol and changes to REL to further fair use goals. (.pdf file).

        • Julie E. Cohen, Copyright and the Jurisprudence of Self-Help, 13
          Berkeley Tech. L.J. 1089 (1998). Discusses proposed UCC Article 2B, which would enable copyright owners to build self-enforcing digital contracts into their products to secure and redefine copyright holders’ “informational rights.” (Article 2B is currently under revision to incorporate software and other intangibles contracts within the U.C.C.; most recent draft 8/1/98.) (.pdf file)

        • Julie E. Cohen, A Right to Read Anonymously: A Closer Look at
          “Copyright Management” in Cyberspace
          , 28 Conn. L. Rev. 981 (1996). Examines how digital monitoring of individuals’ reading habits in cyberspace in the name of copyright management affects freedom of thought and expression. (.pdf file)

        • Dan L. Burk & Julie E. Cohen, Fair Use Infrastructure for Rights
          Management Systems
          , 15 Harv. J.L. & Tech. 41 (2001). (.pdf file).

        • Richard Stallman, The Right to Read.

        • Tom Bell, Fair Use Vs. Fared Use: The Impact of Automated Rights Management on Copyright’s Fair Use Doctrine, 76 N. Carolina L. Rev. 557 (1998).

        • Poorvi Vora, Dave Reynolds, Ian Dickinson, John Erickson, and Dave Banks, Privacy and Digital Rights Management, January, 2001. Argues that DRM systems must consider consumer choice in order to guard privacy.

        • Michael Karagosian, Digital Rights Management: Friend or Foe?, October, 2001. Argues that DRM potentially lowers investment barriers for content production and distribution, increasing the number of content providers and types of content available.

        • Fred von Lohmann, Fair Use and Digital Rights Management. Asserts that DRM cannot accommodate changes in technology such that fair use can evolve as it has with past technologies.

        • Joan Feigenbaum, Michael J. Freedman, Tomas Sander, Adam Shostack: Privacy Engineering for Digital Rights Management Systems. Digital Rights Management Workshop 2001: 76-105. Examining how DRM technologies can both protect and compromise consumer privacy, the authors explore “privacy engineering” principles that may solve some of the problems inherent to current approaches. (.pdf file).

        • Raymond Ku, The Creative Destruction of Copyright: Napster and the New Economics of Digital Technology, 69 U. Chi. L. Rev. 263 (2002). Tackling the issue of copyright and P2P franchises such as Napster, Professor Ku argues that copyright is economically moot in the digital environment and should thus be set aside. (.pdf file).

        • Tomas Sander, Golden Times for Digital Rights Management? Financial Cryptography 2001: 64-74 (Login Required). Computer scientist points to the inevitability of DRM in the growing digital distribution market and discusses avenues for implementing security and privacy features. (.pdf file).

        • Paula Selis, Anita Ramasastry, Susan Kim, and Cameron Smith, Consumer Privacy and Data Protection: Protecting Personal Information through Commercial Best Practices (LCT Report, February 5, 2002). Examines the use and protection of consumers’ personal information through an analysis of state and federal law, self-regulation, and consumer concerns, then recommends “best practices” principles to guide businesses in privacy policy development. (.pdf file).


          • John Carroll, Who’s Afraid of Digital Rights Management?, (July 10, 2002). States that DRM benefits consumers by encouraging investment in digital content, increasing access to low priced and free legal media, and encouraging investment by small media companies.

          • News.A one-stop source for the latest news in consumer digital rights, including highlights and links to articles from the current month and archives dating back to May, 2002.

          • Declan McCullagh, Anti-Copy Bill Hits D.C., Wired News (March 22, 2002). Views on the proposed Consumer Broadband & Digital Television Promotion Act, introduced to Congress in spring 2002 by Senator Fritz Hollings and seeking to mandate copy-protection mechanisms in PCs, handheld computers, CD players, and other consumer digital media devices; includes links to statements and congressional hearings.

          • Jane Black, Guard Copyrights, Don’t Jail Innovation, Business Week March 27, 2002. A business-oriented look at the CBDTP bill concludes that under the act’s provisions both consumers and content providers alike would lose.

          • Drew Cullen, Piracy: Music, Software v. Hollywood, The Register (Jan. 15, 2003). The RIAA distinguishes itself from its Hollywood counterpart the MPAA by joining with Silicon Valley to speak out against government-mandated DRM technology in consumer digital media devices.

          • Derek Slater, Valenti’s Views, Harvard Political Review (Jan 25, 2003). The MPAA president airs his controversial opinions on copyrights and his support for the proposal to mandate copy protection in all consumer digital media devices.

          • James Plummer, Consumers, Digital Technology, and Copyrights, Consumers’ Research Magazine (Sept., 2002). An analysis of the economics of copyright in light of proposed DRM legislation, arguing that copyright owners, not U.S. taxpayers, should bear the costs of privacy protection.

          • Steve Seidenberg, Suits Test Limits of Digital Copyright Act, The National Law Journal (Feb 7, 2003). The latest application of the DMCA is by manufacturers trying to become the sole parts providers for their products via authentication codes they claim are lawful under the act.


            DRM-related legal and policy initiatives in the U.S.

            General Resources

            • Digital Media Consumers’ Rights Act of 2003 (the Boucher Bill) (H.R. 107) (2003). Recently reintroduced by Reps. Boucher (D-VA), Doolittle (R-CA), Bachus (R-AL), and Kennedy (D-RI), this bill would require DRM-protected products to be clearly labeled as such and would restore the “fair use” exemption in digital copyright. (.pdf file).

            • Digital Choice and Freedom Act of 2002 (H.R. 5522) (2002). Introduced Oct. 2002 by Reps. Lofgren (D-CA) and Honda (D-CA), this bill would have revised the DMCA to allow for broader consumer usage rights. (.pdf file).

            • Peer-to-Peer Piracy Prevention Act (The Berman Bill) (H.R. 5211) (2002). Introduced in July 2002 in the House of Representatives by Reps. Howard Coble (R-NC) and Howard Berman (D-CA), this bill would release copyright owners from liability for hacking the file systems of suspected peer-to-peer copyright infringers. As of February 2003, tThis bill has not yet been reintroduced in the 108th Congress. (.pdf file).

            • Intellectual Property Protection Act of 2002 (H.R. 5057) (2002). Introduced in House of Representatives by Rep. Lamar Smith (R-TX), this bill would increase penalties for piracy of copyrighted works. (.pdf file).

            • Anti-Counterfeiting Amendments of 2002 (S. 2395), introduced in Senate by Sen. Joseph Biden (D-DE), April 2002. (.pdf file).

            • Consumer Broadband and Digital Television Promotion Act (CBDTPA; The Hollings Bill) (S. 2048) (2002). Sen. Hollings (D-SC) introduced a bill last term to require DRM in consumer electronics products. (.pdf file).

            • FCC Notice of Proposed Rulemaking in the Matter of Digital Broadcast Copy Protection, (Aug. 9, 2002). The FCC is developing rules to phase in requirements for digital TV. The Commission is debating requirements that the digital TV content be protected by DRM “broadcast flags.”(.pdf file).


              • Electronic Privacy Information Center (EPIC). Digital Rights Management and Privacy. Omnibus of information relating to privacy and DRM legislation, regulation and policy, from a privacy watchdog group.

              • Drew Clark and Bara Vaida, Digital Divide, National Journal (Sept. 6, 2002).

              • Mike Godwin, Hollywood v. the Internet, Reason (May 2002). Overview of the issues faced by content providers and distributors in finding a common solution to the piracy and privacy problem.

              • Chris Sprigman, “Lockware”: The Promise and Peril of Hollywood’s Intellectual Property Strategy for the Digital Age, Findlaw’s Writ (Jan. 3, 2002). A look at the legal implications of DRM, focusing on Universal City Studios, Inc. v. Reimerdes.

              • ALA Washington Office, Digital Rights Issues. General background on some of the bills referenced above, along with the ALA’s stance on them.

              • EFF, Comments on the Final Report of the Broadcast Protection Discussion Group (May 29, 2002). Electronic Frontier Foundation critique of the BPDG Report as infringing on fair use and other consumer rights. (.pdf file).

              • Business Software Alliance, Computer Systems Policy Project, and the Recording Industry Assocation of America, Technology and Record Company Policy Principles (January 2003). Issued jointly by the BSA, CSPP, and the RIAA, this DRM agreement recently reached between content providers and distributors is seen by many as an alternative to legislation. (.pdf file).

              • Pamela Samuelson, Digital Rights Management and/or/vs. the Law, forthcoming in 46 Comm. ACM (April 2003). Detailed discussion of many of the bills and cases related to DRM. (.pdf file)


                • Katherine Mieszkowski, Hollywood and Silicon Valley: Together at Last?, (Jan. 15, 2003). Fred von Lohmann of the EFF criticizes the agreement reached between the RIAA, BSA, and CSPP.

                • Amy Harmon, Movie Studios Press Congress in Digital Copyright Dispute, New York Times (Jul. 29, 2002). Outlines most of the more recent developments regarding Hollywood’s negotiations with both Congress and the content delivery industry. (registration required).

                • Smith named chair of high-tech panel in House, Austin Business Journal (Jan. 29, 2003). U.S. Rep Lamar Smith (R-TX) is the new chair of the House Judiciary Subcommittee on Courts, the Internet and Intellectual Property.

                • Robert W. Rebele, Courts grant right to sue file-sharing network despite overseas location, The Diamondback (Feb. 6, 2003). Description of two recent DRM-related cases granting greater power to copyright holders to pursue alleged copyright infringers.

                • Declan McCullagh, FCC Demands Pirate-Proof, Digital TV, ZDNet (August 8, 2002). The FCC has tentatively approved a requirement that all digital television broadcasts carry an anti-copying flag that will allow home recording but prevent redistribution.

                • Stephen Wildstrom, “Fair Use” is Getting Unfair Treatment, Business Week (May 14, 2002). Overview of some recent cases upholding the DMCA and its restrictions on consumer use of digital content.


                    Anti-circumvention regulations in the U.S. and elsewhere

                    Conference Paper. .R. Anthony Reese, Legal Incentives for Adopting Digital Rights Management Systems: Merging Access Controls and Rights Controls, 18 Berkeley Tech. L.J. xx (forthcoming 2003). .(Word , PDF , HTML)

                    General Resources

                    • Digital Millennium Copyright Act (DMCA). Copyright Protection and Management Systems.

                    • EU Copyright Directive. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.

                    • EU Copyright Directive Status. Summary of the status of the EU Copyright Directive organized by country.

                    • OECD Guidelines for the Security of Information Systems. (2002) (.pdf file).

                    • EU Commission Working Paper. Digital Rights: Background, Systems, Assessment, (Feb. 14, 2002). (.pdf file).

                    • Foundation for Information Policy Research Implementing the European Copyright Directive. UK Internet Policy Think Tank.

                    • SPECIAL 301 REPORTS by the US Trade Representative on US trade partners that comply with copyright protection rules (2000). (.pdf file).

                    • MPAA Copyright Press Page. Copyright protection systems and information from the Motion Picture Association of America.

                    • International Intellectual Property Alliance. Composed of the RIAA, BSA, MPAA, AAP, IDSA, AFMA to address US copyright interests in international forums.

                    • IPFI. A worldwide trade organization of recording industry members focusing on international copyright issues.

                    • Campaign for Digital Rights: Analysis and Resources on EUCD. UK consumer advocacy regarding law for the information society.

                    • Danish Anti Pirat Gruppen Anti Piracy Group in Denmark.

                    • World Intellectual Property Organization Berne Convention Dec 2-20, 1996. Diplomatic Conference on Certain Copyright And Neighboring Rights Questions.

                    • Universal Copyright Convention as revised at Paris on 24 July 1971, UNESCO International copyright history.


                      • Pam Samuelson, Intellectual Property and the Digital Economy: Why the Anti-Circumvention Regulations Need to be Revised, 14 Berkeley Tech. L. J. 519 (1999).

                      • Kamiel Koelman, A Hard Nut to Crack: Legal Protection of Technical Measures, European Intellectual Property Review 272 (June 2000).

                      • Bernt Hugenholtz, Why the Copyright Directive is Unimportant, and Possibly Invalid (2000).

                      • NTIA & U.S. Copyright Office, Joint Study on Encryption Research – Report on the Digital Millennium Copyright Act.

                      • Fred von Lohmann, Unintended Consequences: Four Years Under the DMCA.

                      • Jonathan Band, The Digital Millennium Copyright Act.

                      • Mark S. Nadel, Questioning the Economic Justification for (and thus Constitutionality of) Copyright Law’s Prohibition Against Unauthorized Copying: �106. (01/03/03) (.pdf file).

                      • Michael Geist, Jurisdiction In International Cases, Is There a There There? Toward Greater Certainty For Internet Jurisdiction, paper presented in an earlier version at the Consumer Measures Committee/Uniform Law Conference of Canada April 2001 Workshop on Consumer Protection and Jurisdiction in Electronic Commerce.(.pdf file).

                      • Dan L. Burk, Anti-Circumvention Misuse, 2002. DMCA abuse in the US and EU. (.pdf file).


                        • Declan McCullagh, Debunking DMCA Myths, CNET News, Aug. 19, 2002.

                        • EFF, Norwegian Teenager Jon Johansen Acquitted in DVD Case Legal to Descramble His DVDs on Linux Computer in Norway. Jon Johansen descrambled his personal DVDs to run on a Linux machine. At the behest of the MPAA, the Norwegian Economic Crime Unit brought charges against Johansen for allegedly violating a provision of the Norwegian Criminal Code prohibiting breaking into another person’s locked property in order to access information to which no one else is entitled.

                        • Doug Mellgren, Prosecution Appeals Acquittal in Norwegian DVD Case (Washington Post and AP, 01/21/2003). Acquittal of Jon Johansen is appealed, causing a complete new trial.

                        • 2600 Magazine’s DVD Lawsuit Timeline and Court Documents. Court documents from the DVD case where defendants displayed DeCSS code.

                        • Electronic Frontier Finland – EFFI, Finland kills EUCD – for now (EFFI, Jan 31, 2003).

                        • Aiana Eunjung Cha, File Swapper Eluding Pursuers: Unlike Napster, Kazaa’s Global Nature Defies Legal Attacks (Washington Post, 12/20/2002). Pursuit of Kazaa developers and company owners in global jurisdiction case.

                        • Ed Felten, DMCA Used to Prevent Interoperation (Freedom-To-Tinker, Jan 9, 2003). Lexmark anti-circumvention case.

                        • Kasper Larsen, Anti-pirates hit Danish P2P users with huge bills (The Register, Nov. 26, 2002). Pursuit of music pirates using EU Copyright Directive.

                        • Matt Richtel, Russian Company Acquitted of Digital Piracy (NY Times, Dec 18, 2002). Aquital of Elcomsoft by Jury, in DCMA case with US Government.

                        • Ernest Miller, Clever Anti-DMCA Argument by 321 Studios (LawMeme, Dec 5, 2002). 321 Studios and DVDxCopy software anti-circumvention lawsuit with MPAA.

                        • 321 Studios Announces Piracy Prevention Program. (, 02/12/03)