The Present and Future of Digital Rights Management – Musings on Emerging Legal Problems

Abstract

This article presents a roadmap of emerging legal problems in the area of Digital Rights Management (DRM). It argues against adopting fundamentalist view- points in the DRM policy debate. In particular, DRM technology is much more flexible than many DRM critics acknowledge. The article covers various problems that are less frequently discussed in legal and policy circles. It analyzes the relationship between DRM, fair use, and innovation, using rights locker architectures, dynamic DRM sys- tems, the Creative Commons project,DRMtechnology license agreements, and security research as examples. It addresses the alleged dichotomy between DRM and copyright levy systems as well as the implications of DRM for privacy protection. By analyzing various technology platforms, it describes the implications DRM has for competition in platform markets as well as in complementary aftermarkets. Finally, the article assesses recent efforts to standardize DRM technology, both by the private sector (in particular TCPA and Palladium), and by the legislature.