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Royal Holloway University of London Digital Rights Management: Towards a Balance between Copyright Rights and Fair Use Exceptions. Christian Bonnici Technical Report RHUL-MA-2009-08 16th February 2009 Royal Holloway University of London Department of Mathematics Royal Holloway, University of London Egham, Surrey TW20 0EX, England http://www.rhul.ac.uk/mathematics/techreports Acknowledgements I express my sincere gratitude to Prof. Dr. Keith Martin, my project supervisor, for his valuable advices and support throughout this MSc and especially during the project period. A special thanks also the course director, Chez Ciechanowicz, for his encouragement and help during the MSc, and Dr. Robert Carolina for his early guidance on the project topic. Thanks to my parents Joseph and Liberata for their continuous support and blessings. Last but not least, to all my friends for the friendship and support shared during and beyond this MSc. 2 Executive Summary There have been several attempts pointing towards DRM schemes that better satisfy Fair Use requirements [1, 2, 3, 4]; this project explores a new approach. Based on the idealistic premise that by mimicking the physical properties that prevented piracy in the pre-MP3 world into a post-MP3 world DRM scheme it should be possible to establish a copyright infringement control paradigm that is acceptable to all; this project establishes a Fair Use friendly DRM Scheme. It has been found that for a DRM scheme to be Fair Use friendly it has to aim to reach the following idealistic characteristics: • The copyright holders should not be able to interfere with usage which a judge would or could rule as fair use. • The Consumers would be able to consume the content easily and spontaneously within interoperable regimes. • The Consumers’ privacy rights would be respected, in congruence with the legislation in question. • The Consumers should be able to purchase, replicate and distribute music at a monetary cost. • The Consumers should be able to replicate, distribute and store music at the cost of diminished quality, slow replication and slow distribution. However it has also been found that these characteristics alone are not enough, and therefore the DRM scheme should be implemented within the following conditions: • The DRM scheme should find ways to handle the ambiguity of Fair Use. • The DRM scheme should facilitate ex-post tracking and monitoring rather than ex- ante based decision making. • The DRM scheme should support interoperability and privacy. An example of how these properties can be implemented has been designed. 3 Table of Contents Chapter 1: Introduction .................................................................................................. 8 1.1 Objectives .......................................................................................................... 8 Chapter 2: DRM Scheme Stakeholders .......................................................................... 10 2.1 Defining DRM ................................................................................................. 11 2.2 DRM Stakeholders ............................................................................................ 11 2.2.1 Selecting the DRM Scheme Stakeholders ........................................................ 13 2.2.1.1 The Music Producers............................................................................... 13 2.2.1.2 The DRM Technology Providers .............................................................. 13 2.2.1.3 The Music Distributors ............................................................................ 14 2.2.1.4 The Consumers ....................................................................................... 15 2.2.1.5 The Legal Authorities.............................................................................. 15 2.2.1.6 The Copyright Infringers ......................................................................... 16 2.2.1.7 The General Public ................................................................................. 16 2.2.1.8 General Notes ......................................................................................... 16 2.3 Conclusion ....................................................................................................... 17 Chapter 3: An Idealistic Set of Characteristics ................................................................ 18 3.1 Pre-MP3 vis-à-vis Post-MP3 .............................................................................. 20 3.1.1 Pre-MP3 vis-à-vis Post-MP3: Media Operations .............................................. 21 3.1.1.1 Replication Costs .................................................................................... 23 3.1.1.2 Replication Quality ................................................................................. 23 3.1.1.3 Replication Speed ............................................................................................. 24 3.1.1.4 Distribution Costs ............................................................................................24 3.1.1.5 Distribution Quality ........................................................................................24 3.1.1.6 Distribution Speed ...........................................................................................24 3.1.1.7 Storage Cost ........................................................................................... 25 3.1.1.8 Storage Quality ....................................................................................... 26 3.1.1.9 Storage Speed ......................................................................................... 26 3.1.2 Pre-MP3 vs. Post-MP3: Key Media Operation Characteristics .......................... 27 4 3.2 Characterising the state-of-the-art of DRM .......................................................... 28 3.2.1 DRM protected audio files: Media Operation Characteristics ............................ 28 3.2.1.1 Media Operation Characteristics: Replication ............................................ 28 3.2.1.2 Media Operation Characteristics: Distribution ........................................... 28 3.2.1.3 Media Operation Characteristics: Storage .................................................. 29 3.2.2 Differing Between the Two DRM Schemes’ Requirements ............................... 29 3.2.2.1 Post Purchase Protection – R1: ................................................................. 30 3.2.2.2 Post Purchase Protection – R2: ................................................................. 30 3.2.2.3 Post Purchase Protection – R3: ................................................................. 31 3.2.2.4 Post Purchase Protection – R4: ................................................................. 31 3.2.2.5 Post Purchase Protection – R5: ................................................................. 31 3.2.2.6 Post Purchase Protection – R6 .................................................................. 31 3.2.2.7 Post Purchase Protection – R7: ................................................................. 31 3.2.2.8 Privacy Issues – R8: ................................................................................ 32 3.2.2.9 Privacy Issues – R9: ................................................................................ 32 3.2.2.10 Privacy Issues – R10: .............................................................................. 32 3.2.2.11 Copyright Right Exceptions – R11: .......................................................... 33 3.2.2.12 Interoperability – R12: ............................................................................ 33 3.2.2.13 Interoperability – R13: ............................................................................ 33 3.2.3 Characterising the Current State-of-the-Art DRM ............................................ 33 3.3 Evaluating 1A – 7A and 1C – 10C ...................................................................... 34 3.3.1 The Five Comparison Case Scenarios ............................................................. 35 3.3.2 Analysis of 1A – 7A in terms of the Five Scenarios .......................................... 35 3.3.2.1 Discussion of the 5 Scenarios in terms of Characteristics 1A - 2A ............... 36 3.3.2.2 Discussion of the 5 Scenarios in terms of Characteristic 3A ........................ 37 3.3.2.3 Discussion of the 5 Scenarios in terms of Characteristic 4A ........................ 38 3.3.2.4 Discussion of the 5 Scenarios in terms of Characteristic 5A ........................ 38 3.3.2.5 Discussion of the 5 Scenarios in terms of Characteristic 6A ........................ 39 3.3.2.6 Discussion of the 5 Scenarios in terms of Characteristic 7A ........................ 39 3.3.2.7 The key properties of characteristics 1A to 7A ........................................... 39 5 3.3.3 Analysis Characteristics 1C – 10C in terms of the 5 Scenarios: ......................... 40 3.3.3.1 Discussion of the 5 Scenarios in terms of Characteristic 1C ........................ 40 3.3.3.2 Discussion of the 5 Scenarios in terms of Characteristic 2C ........................ 40 3.3.3.3 Discussion of the 5 Scenarios in terms of Characteristic 3C ........................ 41 3.3.3.4 Discussion of the 5 Scenarios in terms of Characteristic 4C ........................ 41 3.3.3.5 Discussion of the 5 Scenarios in terms of Characteristic 5C ........................ 42 3.3.3.6 Discussion of the 5 Scenarios in terms of Characteristic 6C ........................ 42 3.3.3.7 Discussion
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