Tech-minded people always have one thing that can be complained about: the Digital Millenium Copyright Act, or DMCA. First off, let’s establish where I stand on the issue. As a future producer of digital media, I respect the fact that copyrights need to be honored and enforced, and DRM is a solution to go about doing this. As a both current and future consumer, I want to be able to (privately) do what I wish with the content that I buy, including but not limited to: making backup copies, copying media for remote access over a home network, and transferring copies to other devices (PMPs) for personal use. At least those three things I believe fall into the realm of “fair use”, meaning there should be no legal issues for me to accomplish those goals. Enter the roadblock, the DMCA.
Sec. 1201. Circumvention of copyright protection systems
(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.
…
(3) As used in this subsection–
(A) to ‘circumvent a technological measure’ means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner
The effects of this?
Example 1: Ripping DVDs, which are encrypted via CSS, to a hard drive is not permitted since doing so “decrypt[s] an encrypted work…without the authority of the copyright owner”. My personal thoughts? Nice intention, but poor execution. I personally have no moral/ethical issues with using solutions to copy my legally purchased DVDs onto my own computer for personal use. (Note: I did not just admit whether or not I actually do it.) I do have issues, however, with people renting movies and copying them as I don’t believe that is covered by “fair use”.
Example 2: Purchasing music/videos from places such as iTMS, MSN Music, SonicStage, etc. that are DRMed cannot legally have their DRM stripped. This I’m torn on, since if the DRM allowed users to do what they wished (within reason) with the content, there would be little need to srtip it except for those who are completely against DRM or wanted to do something not permitted. The problem here is that not all forms of DRM are compatible with each other and not every device supports all flavors of DRM. Luckily for music there’s an easy out: burn the songs onto a CD (which esentially all music store DRMs will allow), and then just rip it back onto your computer. Videos are tricker since this “loophole” doesn’t exist, but the demand isn’t to a critical enough mass yet that cracks are widespread (although some do exist). Again, my content that I paid for, I should be able to use it as I wish on the devices that I want to.
So, what can be done? The biggest thing is probably the Digital Media Consumers’ Right Act (DMCRA) which has been introduced as a bill twice. That appears to take care of both of the examples outlined above, and just skimming through the summary I believe would address many of the issues people have with DRM and the DMCA. Even from the producer/copyright holder side, I don’t think I would be opposed to this as it still doesn’t legalize piracy, and people are going to crack the DRM anyway. Make your consumers happy, and they’re more likely to support you and continue to do business with you. Screw them over, and…well, you’d be Sony. ;)
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