Archive for the 'Digital Rights Management' Category

"E-Book Monopolies and the Law"

Posted in Copyright, Digital Rights Management, E-Books, Publishing on January 22nd, 2014

Angela Daly has self-archived "E-Book Monopolies and the Law" in SSRN

Here's an excerpt:

This article will examine the legality of the digital rights management ("DRM") measures used by the major e-book publishers and device manufacturers in the United States, European Union and Australia not only to enforce their intellectual property rights but also to create monopolistic content silos, restrict interoperability and affect the ability for users to use the content they have bought in the way they wish. The analysis will then proceed to the recent competition investigations in the US and EU over price-fixing in e-book markets, and the current litigation against Amazon in the US for an alleged abuse of its dominant position. A final point will be made on possible responses in Australia to these issues taking into account the jurisprudence on DRM in other scenarios.

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    "Digital Copyright, ‘Fair Access’ and the Problem of DRM Misuse"

    Posted in Copyright, Digital Rights Management on August 28th, 2012

    Nicolo Zingales has published "Digital Copyright, 'Fair Access' and the Problem of DRM Misuse" in the Intellectual Property & Technology Forum & Journal at Boston College Law School.

    Here's an excerpt:

    This article points out one of the ways the development of these new technologies has altered the boundaries of copyright, specifically by enabling copyright holders to strategically expand the scope of protection through the strategic use of Digital Rights Management (hereinafter, DRM). After a brief overview of these technologies and their contribution to the development of online markets for copyrighted works, the article discusses the risks of using DRM as a means of stretching the legal protection conferred by Intellectual Property law.

    As a potential solution to such problem, the article looks at the role of the courts and the approach embraced vis a vis specific cases of abuse of DRM in the copyright context. . . . The article then concludes recommending a two-fold approach to the assessment of the legality of such practices, where antitrust analysis and IP principles are intermingled, proposing a legal test to facilitate this complex assessment.

    | Reviews of Digital Scholarship Publications | Digital Scholarship |

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      "Copyright Law in the Digital Environment: Private Ordering and the Regulation of Digital Works"

      Posted in Copyright, Creative Commons/Open Licenses, Digital Rights Management on July 10th, 2012

      Primavera De Filippi has self-archived "Copyright Law in the Digital Environment: Private Ordering and the Regulation of Digital Works" in HAL.

      Here's an excerpt:

      The book begins with an analysis of copyright law as it applies to the physical and the digital world. The challenges that the law has to face in the digital environment are specifically addressed by illustrating how the self-regulating features of the copyright regime have been jeopardized with the advent of Internet and digital technologies. The book subsequently analyses the role of private ordering in the regulation of information and presents the various mechanisms of self-help that have been developed so far to address the challenges of the digital world. The contrast is between the use of end-user licensing agreements and technological measures of protection (e.g. DRM) intended to restrict the consumption of digital works beyond the scope of the copyright regime, and the use of Open Content licenses (e.g. Creative Commons) intended to support a greater dissemination and broader availability of works, amidst other goals. The book finally investigates the corresponding advantages and drawbacks of these two divergent approaches, and concludes by addressing the justifications for governmental intervention in regulating the operations of private ordering.

      | Scholarly Electronic Publishing Weblog | Digital Scholarship |

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        EFF: "Digital Books and Your Rights: A Checklist for Readers"

        Posted in Copyright, Digital Rights Management, E-Books on February 21st, 2010

        The Electronic Frontier Foundation has released "Digital Books and Your Rights: A Checklist for Readers."

        Here's an excerpt from the announcement:

        What questions should consumers ask before buying a digital book or reader? Today the Electronic Frontier Foundation (EFF) published "Digital Books and Your Rights," a checklist for readers considering buying into the digital book marketplace.

        Over the last few months, the universe of digital books has expanded dramatically, with products like Amazon's Kindle, Google Books, Internet Archive's Text Archive, Barnes and Noble's Nook, and Apple's upcoming iPad poised to revolutionize reading. But while this digital books revolution could make books more accessible than ever before, there are lingering questions about the future of reader privacy, consumers' rights, and potential censorship.

        EFF's checklist outlines eight categories of questions readers should ask as they evaluate new digital book products and services, including:

        *Does the service protect your privacy by limiting tracking of you and your reading?

        *When you pay for a book, do you own the book, or do you just rent or license it?

        *Is the service censorship resistant?

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          "Perspectives on DRM: Between Digital Rights Management and Digital Restrictions Management"

          Posted in Digital Rights Management on February 8th, 2010

          Rafal Kasprowski has published "Perspectives on DRM: Between Digital Rights Management and Digital Restrictions Management" in the Bulletin of the American Society for Information Science and Technology.

          Here's an excerpt:

          This report of a panel session organized by the author at the 2008 Annual Meeting of the American Society for Information Science & Technology (ASIS&T) presents the DRM issue in four contexts: use restrictions in libraries, the anti-circumvention rules of the Digital Millennium Copyright Act (DMCA), commercial and academic licensing and DRM-free software alternatives. The four panelists were Kristin R. Eschenfelder, associate professor at the School of Library and Information Studies of the University of Wisconsin-Madison and recipient of multiple grants for her work on DRM; Kevin L. Smith, J.D., scholarly communications officer at Duke University and author of the highly regarded web log Scholarly Communications @ Duke; Bill Burger, vice president of marketing at the Copyright Clearance Center (CCC), a leading provider of content licensing solutions for corporations and academic institutions; and John Sullivan, operations manager at the Free Software Foundation, a nonprofit that promotes the development and use of free software and campaigns against DRM. The session was recorded in October 2008 and is complemented in this report with a 2009 update to the DMCA legislation.

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            Gawronski v. Amazon.com: Amazon's New Kindle Deletion Rules

            Posted in Digital Rights Management, E-Books, Publishing on October 6th, 2009

            As a result of the settlement of the Gawronski et al. v. Amazon.com Inc et al. case (about the deletion of George Orwell e-books), Amazon.com will comply with new rules regarding deletion of digital works on Kindles.

            Here's an excerpt:

            For copies of Works purchased pursuant to TOS granting "the non-exclusive right to keep a permanent copy" of each purchased Work and to "view, use and display [such Works] an unlimited number of times, solely on the [Devices] . . . and solely for [the purchasers'] personal, non-commercial use," Amazon will not remotely delete or modify such Works from Devices purchased and being used in the United States unless (a) the user consents to such deletion or modification; (b) the user requests a refund for the Work or otherwise fails to pay for the Work (e.g., if a credit or debit card issuer declines to remit payment); (c) a judicial or regulatory order requires such deletion or modification; or (d) deletion or modification is reasonably necessary to protect the consumer or the operation of a Device or network through which the Device communicates (e.g., to remove harmful code embedded within a copy of a Work downloaded to a Device). This paragraph does not apply to (a) applications (whether developed or offered by Amazon or by third parties), software or other code; (b) transient content such as blogs; or (c) content that the publisher intends to be updated and replaced with newer content as newer content becomes available. With respect to newspaper and magazine subscriptions, nothing in this paragraph prohibits the current operational practice pursuant to which older issues are automatically deleted from the Device to make room for newer issues, absent affirmative action by the Device user to save older issues.

            Read more about it at "Amazon Settles Kindle '1984' Lawsuit" and "Amazon.com to Pay $150,000 to Settle Suit Challenging Take-Back of 1984."

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              MPAA Attorney Says Even One Personal Backup Copy of DVD is Illegal

              Posted in Copyright, Digital Copyright Wars, Digital Rights Management on May 24th, 2009

              Bart Williams, an MPAA attorney, said in a hearing about the Realnetworks v. DVD Copy Control Association case that even if a consumer made single copy of a DVD for acquired for personal use that: "One copy is a violation of the DMCA."

              Read more about the case at "DVDs and the Big Picture," "RealNetworks: MPAA Is 'Price-Fixing Cartel'," "Reminder from the MPAA: DRM Trumps Your Fair Use Rights," and "What to Expect from the RealDVD Decision."

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                Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment

                Posted in Copyright, Digital Copyright Wars, Digital Rights Management on May 18th, 2009

                Patricia Akester's Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment is available in the University of Cambridge Faculty of Law repository.

                Here's an excerpt from the abstract:

                When technological measures were under consideration in the mid 1990s two stark scenarios presented themselves: on the one hand, an ideal world where copyright owners could use DRM to make their works available under a host of different conditions in a way that responded to the diversity of consumer demand; on the other, a more bleak environment where all users of copyright material (and much non-copyright material) would be forced to obtain permission and pay to access material that previously would have been available to all. . . . Patricia Akester examines how these issues are working out in practice. Based on a series of interviews with key organisations and individuals, involved in the use of copyright material and the development and deployment of DRM, she provides a sober assessment of the current state of affairs.

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