[A2k] UK MP's report & recommendations on DRMs

[Michelle Childs]

   Michelle Childs blog

http://downontheriver.blogspot.com/

UK MP's report & recommendations on DRMs

A group of UK MP's ( the APIG) has released a report of its
recommendations following an inquiry into digital rights management (DRM).
The inquiry received over 90 written submissions from consumers, think
tanks, libraries, print media publishers, the film and music industries
and lawyers. A cross selection of the respondents were also invited to
give evidence to APIG officers .

Our submission was quoted a number of times:
www.apig.org.uk/current-activities/apig-inquiry-into-digital-rights-managem=
ent/apig-drm-written-evidence/Consumer_Project_on_Technology.doc

The recommendations are good as far as they go, such as : a wider
exemption for academic research; better labelling of DRMs for consumers so
that it will become crystal clear to consumers what they will and will not
be able to do with digital content that they purchase; an investigation of
the potential ability of these systems to stifle competition and undermine
the EU single-market; and a reminder that DRMs that mess with consumers
equipment, as Sony=92s root kit recently did, could be subject to criminal
sanctions .

Importantly it also recognises that much of the policy leading to new
copyright laws is made by 'patent office bureaucrats ' and has not been
subject to scrutiny by politicians or the public. Its remedy for this is
to have the British Library act as an 'honest broker' and convene a =91UK
stakeholders=92' group of all interested parties to discuss the issues.

There are inevitably some disappointments: it recognises that the UK legal
concept of 'fair dealing' (which defines how people can use copyright
material) is narrow and restrictive , but doesn't recommend change, just
better labelling; it stops short of recommending a better system for
redress if DRMs breach user exemptions and limitations to copyright( the
problems raised are too theoretical) and despite the problems thinks
interoperability ( enabling digital content to play on different machines)
should be left to the market.

The report is also worth reading for the insight it gives into the views
of the different players. Too often the 'industry' is seen as one mass
with the same views. Here its clear that there are differences in approach
between the big record companies ( who generally support the use of DRMs)
and smaller players ( who generally don't). Between content owners and
equipment manufacturers, who are worried that they won't be able to make
new products because of restrictive licensing. One of the best examples of
this was given by Intel , who explained that there were no portable video
jukeboxes on the market because it was against the DVD consortium rules (
who essentially control the licensing of the technology to unlock videos)
to create a portable device.

They also gave a warning: that suggested remedies for over broad TPMs
(that stop you doing what you are legally entitled to do) may not work in
the future. Many activists argue for a legal right to break ,'circumvent'
over broad TPMs. The Report warns that it is quite possible that in the
future TPM systems will become unbreakable. Its therefore no use asking
for laws that allow you to circumvent TPMs, rather they suggest it is
better to have the =91right to remove=92 ie a requirement for the removal o=
r
partial removal of the lock itself (the TPM system) from the product.
However, the MP's don't follow up this line of argument with a formal
recommendation.

The 30 page report can be downloaded as a PDF from APIG=92s website.

www.apig.org.uk/current-activities/apig-inquiry-into-digital-rights-managem=
ent/DRMreport.pdf

For those of you with a shorter attention span, here is the official
report summary as provided by APIG=92s secretariat of the inquiry=92s key
recommendations with the reasons for them ( from a link on the Open Rights
Group Site):

www.openrightsgroup.org/2006/06/05/launch-of-the-apig-report-on-drm/#more-1=
09


Read on:

Press Coverage:
The Register: www.theregister.co.uk/2006/06/05/apig_report_ready

The BBC: www.news.bbc.co.uk/1/hi/technology/5041684.stm
UK digital rights group: Open Rights Group : : www.openrightsgroup.org

--
Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
24, Highbury Crescent, London, N5 1RX,UK.
Tel:+44(0)207 226 6663 ex 252.
Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
http://www.cptech.org

Consumer Project on Technology in Washington, DC
1621 Connecticut Ave, NW, Washington, DC 20009 USA .Tel.:
+1.202.332.2670,Fax: +1.202.332.2673

Consumer Project on Technology in Geneva
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727