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Production and distribution of films and television programs, and publishing of sound recordings

Digital rights management (DRM) is a term for access control technologies that can be used by hardware manufacturers, publishers, copyright holders and individuals to limit the use of digital content and devices. The term is used to describe any technology that inhibits uses of digital content not desired or intended by the content provider. The term does not generally refer to other forms of copy protection which can be circumvented without modifying the file or device, such as serial numbers or keyfiles. It can also refer to restrictions associated with specific instances of digital works or devices. Digital rights management is used by companies such as Sony, Amazon, Apple Inc., Microsoft, AOL and the BBC.

The use of digital rights management is controversial. Proponents argue it is needed by copyright holders to prevent unauthorized duplication of their work, either to maintain artistic integrity or to ensure continued revenue streams. Some opponents, such as the Free Software Foundation (through its Defective By Design campaign), maintain that the use of the word "rights" is misleading and suggest that people instead use the term digital restrictions management. Their position is essentially that copyright holders are restricting the use of material in ways that are beyond the scope of existing copyright laws, and should not be covered by future laws. The Electronic Frontier Foundation, and other opponents, also consider DRM systems to be anti-competitive practices. This position holds that the rights of the user need legal protection.

DRM technologies attempt to control use of digital media by preventing access, copying or conversion to other formats by end users. Long before the arrival of digital or even electronic media, copyright holders, content producers, or other financially or artistically interested parties had business and legal objections to copying technologies. Examples include: player piano rolls early in the 20th century, audio tape recording, and video tape recording (e.g., the "Betamax case" in the U.S.). Copying technology thus exemplifies a disruptive technology.

The advent of digital media and analog/digital conversion technologies, especially those that are usable on mass-market general-purpose personal computers, has vastly increased the concerns of copyright-dependent individuals and organizations, especially within the music and movie industries, because these individuals and organizations are partly or wholly dependent on the revenue generated from such works. While analog media inevitably loses quality with each copy generation, and in some cases even during normal use, digital media files may be duplicated an unlimited number of times with no degradation in the quality of subsequent copies. The advent of personal computers as household appliances has made it convenient for consumers to convert media (which may or may not be copyrighted) originally in a physical/analog form or a broadcast form into a universal, digital form (this process is called ripping) for location- or timeshifting. This, combined with the Internet and popular file sharing tools, has made unauthorized distribution of copies of copyrighted digital media (digital piracy) much easier.

DRM technologies have enabled publishers to enforce access policies that not only disallow copyright infringements, but also prevent lawful fair use of copyrighted works, or even implement use constraints on non-copyrighted works that they distribute; examples include the placement of DRM on certain public-domain or open-licensed e-books, or DRM included in consumer electronic devices that time-shift (and apply DRM to) both copyrighted and non-copyrighted works.

DRM is most commonly used by the entertainment industry (e.g., film and recording). Many online music stores, such as Apple Inc.’s iTunes Store, as well as many e-book publishers have implemented DRM. In recent years, a number of television producers have implemented DRM on consumer electronic devices to control access to the freely-broadcast content of their shows, in response to the rising popularity of time-shifting digital video recorder systems such as TiVo.

An early example of a DRM system was the Content Scrambling System (CSS) employed by the DVD Forum on film DVDs since ca. 1996. CSS used a simple encryption algorithm, and required device manufacturers to sign license agreements that restricted the inclusion of features, such as digital outputs that could be used to extract high-quality digital copies of the film, in their players. Thus, the only consumer hardware capable of decoding DVD films was controlled, albeit indirectly, by the DVD Forum, restricting the use of DVD media on other systems until the release of DeCSS by Jon Lech Johansen in 1999, which allowed a CSS-encrypted DVD to play properly on a computer using Linux, for which the Alliance had not arranged a licensed version of the CSS playing software.

Microsoft’s Windows Vista contains a DRM system called the Protected Media Path, which contains the Protected Video Path (PVP). PVP tries to stop DRM-restricted content from playing while unsigned software is running in order to prevent the unsigned software from accessing the content. Additionally, PVP can encrypt information during transmission to the monitor or the graphics card, which makes it more difficult to make unauthorized recordings.

Advanced Access Content System (AACS) is a DRM system for HD DVD and Blu-ray Discs developed by the AACS Licensing Administrator, LLC (AACS LA), a consortium that includes Disney, Intel, Microsoft, Matsushita (Panasonic), Warner Brothers, IBM, Toshiba and Sony. In December 2006 a process key was published on the internet by hackers, enabling unrestricted access to AACS-restricted HD DVD content. After the cracked keys were revoked, further cracked keys were released

The CableCard standard is used by cable television providers in the United States to restrict content to services to which the customer has subscribed.

The broadcast flag concept was developed by Fox Broadcasting in 2001 and was supported by the MPAA and the U.S. Federal Communications Commission (FCC). A ruling in May 2005 by a US Court of Appeals held that the FCC lacked authority to impose it on the TV industry in the US. It required that all HDTVs obey a stream specification determining whether or not a stream can be recorded. This could block instances of fair use, such as time-shifting. It achieved more success elsewhere when it was adopted by the Digital Video Broadcasting Project (DVB), a consortium of about 250 broadcasters, manufactures, network operators, software developers, and regulatory bodies from about 35 countries involved in attempting to develop new digital TV standards.

An updated variant of the broadcast flag has been developed in the Content Protection and Copy Management (DVB-CPCM). It was developed in private, and the technical specification was submitted to European governments in March 2007. As with much DRM, the CPCM system is intended to control use of copyrighted material by the end-user, at the direction of the copyright holder. According to Ren Bucholz of the EFF, which paid to be a member of the consortium, "You won’t even know ahead of time whether and how you will be able to record and make use of particular programs or devices". The DVB supports the system as it will harmonize copyright holders’ control across different technologies and so make things easier for end users. The normative sections have now all been approved for publication by the DVB Steering Board, and will be published by ETSI as a formal European Standard as ETSI TS 102 825-X where X refers to the Part number of specification. Nobody has yet stepped forward to provide a Compliance and Robustness regime for the standard (though several are rumoured to be in development), so it is not presently possible to fully implement a system, as there is nowhere to obtain the necessary device certificates

Discs with digital rights management schemes are not legitimately standards-compliant Compact Discs (CDs) but are rather CD-ROM media. Therefore they all lack the CD logotype found on discs which follow the standard (known as Red Book). Therefore these CDs could not be played on all CD players. Many consumers could also no longer play purchased CDs on their computers. Personal computers running Microsoft Windows would sometimes even crash when attempting to play the CDs.

In 2005, Sony BMG introduced new DRM technology which installed DRM software on users’ computers without clearly notifying the user or requiring confirmation. Among other things, the installed software included a rootkit, which created a severe security vulnerability others could exploit. When the nature of the DRM involved was made public much later, Sony initially minimized the significance of the vulnerabilities its software had created, but was eventually compelled to recall millions of CDs, and released several attempts to patch the surreptitiously included software to at least remove the rootkit. Several class action lawsuits were filed, which were ultimately settled by agreements to provide affected consumers with a cash payout or album downloads free of DRM.

Sony’s DRM software actually had only a limited ability to prevent copying, as it affected only playback on Windows computers, not on other equipment. Even on the Windows platform, users regularly bypassed the restrictions. And, while the Sony DRM technology created fundamental vulnerabilities in customers’ computers, parts of it could be trivially bypassed by holding down the "shift" key while inserting the CD, or by disabling the autorun feature. In addition, audio tracks could simply be played and re-recorded, thus completely bypassing all of the DRM (this is known as the analog hole). Sony’s first two attempts at releasing a patch which would remove the DRM software from users’ computers failed.

In January 2007, EMI stopped publishing audio CDs with DRM, stating that "the costs of DRM do not measure up to the results." Following EMI, Sony BMG was the last publisher to abolish DRM completely, and audio CDs containing DRM are no longer released by the four record labels.

Many online music stores employ DRM to restrict usage of music purchased and downloaded online. There are many options for consumers wishing to purchase digital music over the internet:

  • The iTunes Store (run by Apple), allows users to purchase a track online. The tracks purchased use Apple’s FairPlay DRM system. Apple later launched iTunes Plus, which offered higher quality DRM-free tracks for a higher price. On October 17, 2007, iTunes Plus became available at the usual US$0.99 price, replacing the non-Plus tracks. On January 6, 2009 Apple announced at its Macworld Expo keynote that iTunes music would be available completely DRM free by the end of the month. Videos sold and rented through iTunes, as well as mobile software sold through the iTunes App Store for the iPhone and iPod touch, continue to use Apple’s FairPlay DRM to inhibit casual copying. Apple increased the price of many hit singles and selected classic tracks to $1.29 on April 7, 2009.
  • Napster music store offers a subscription-based approach to DRM alongside permanent purchases. Users of the subscription service can download and stream an unlimited amount of music transcoded to Windows Media Audio (WMA) while subscribed to the service. But when the subscription period lapses, all of the downloaded music is unplayable until the user renews his or her subscription. Napster also charges users who wish to use the music on their portable device an additional $5 per month. In addition, Napster gives users the option of paying an additional $0.99 per track to burn it to CD or for the song to never expire. Music bought through Napster can be played on players carrying the Microsoft PlaysForSure logo (which, notably, do not include iPods or even Microsoft’s own Zune). As of June 2009 Napster is giving DRM free MP3 music, which can be played on iPhones and iPods.
  • Wal-Mart Music Downloads, another online music download store, charges $0.94 per track for all non-sale downloads. All Wal-Mart, Music Downloads are able to be played on any Windows PlaysForSure marked product. The music does play on the SanDisk’s Sansa mp3 player, for example, but must be copied to the player’s internal memory. It cannot be played through the player’s microSD card slot, which is a problem that many users of the mp3 player experience.
  • Sony operated an online music download service called "Connect" which used Sony’s proprietary OpenMG DRM technology. Music downloaded from this store (usually via Sony’s SonicStage software) was only playable on computers running Microsoft Windows and Sony hardware (including the PSP and some Sony Ericsson phones).
  • Kazaa is one of a few services offering a subscription-based pricing model. However, music downloads from the Kazaa website are DRM-protected, and can only be played on computers or portable devices running Windows Media Player, and only as long as the customer remains subscribed to Kazaa.

The various services are currently not interoperable, though those that use the same DRM system (for instance the several Windows Media DRM format stores, including Napster, Kazaa and Yahoo Music) all provide songs that can be played side-by-side through the same player program. Almost all stores require client software of some sort to be downloaded, and some also need plug-ins. Several colleges and universities, such as Rensselaer Polytechnic Institute, have made arrangements with assorted Internet music suppliers to provide access (typically DRM-restricted) to music files for their students, to less than universal popularity, sometimes making payments from student activity fee funds. One of the problems is that the music becomes unplayable after leaving school unless the student continues to pay individually. Another is that few of these vendors are compatible with the most common portable music player, the Apple iPod. The Gowers Review of Intellectual Property (to HMG in the UK; 141 pages, 40+ specific recommendations) has taken note of the incompatibilities, and suggests (Recommendations 8—12) that there be explicit fair dealing exceptions to copyright allowing libraries to copy and format-shift between DRM schemes, and further allowing end users to do the same privately. If adopted, some of the acrimony may decrease.

Although DRM is prevalent for Internet music, some online music stores such as eMusic, Dogmazic, Amazon, and Beatport, do not use DRM despite encouraging users to avoid sharing music. Another online retailer, Xiie.net, which sells only unsigned artists, encourages people to share the music they buy from the site, to increase exposure for the artists themselves. Major labels have begun releasing more online music without DRM. Eric Bangeman suggests in Ars Technica that this is because the record labels are "slowly beginning to realize that they can’t have DRMed music and complete control over the online music market at the same time... One way to break the cycle is to sell music that is playable on any digital audio player. eMusic does exactly that, and their surprisingly extensive catalog of non-DRMed music has vaulted it into the number two online music store position behind the iTunes Store." Apple’s Steve Jobs has called on the music industry to eliminate DRM in an open letter titled Thoughts on Music. Apple’s iTunes store will start to sell DRM-free 256 kbit/s (up from 128 kbit/s) AAC encoded music from EMI for a premium price (this has since reverted to the standard price). In March 2007, Musicload.de, one of Europe’s largest online music retailers, announced their position strongly against DRM. In an open letter, Musicload stated that three out of every four calls to their customer support phone service are as a result of consumer frustration with DRM.

Computer games sometimes use DRM technologies to limit the number of systems the game can be installed on by requiring authentication with an online server. Most games with this restriction allow three or five installs, although some allow an installation to be ’recovered’ when the game is uninstalled. This not only limits users who have more than three or five computers in their homes (seeing as the rights of the software developers allow them to limit the number of installations), but can also prove to be a problem if the user has to unexpectedly perform certain tasks like upgrading operating systems or reformatting the computer’s hard drive, tasks which, depending on how the DRM is implemented, count a game’s subsequent reinstall as a new installation, making the game potentially unusable after a certain period even if it is only used on a single computer.

In mid-2008, the publication of Mass Effect marked the start of a wave of titles primarily making use of SecuROM and Steam for DRM and requiring authentication via an online server. The use of DRM scheme in 2008’s Spore backfired and there were protests, resulting in a considerable number of users seeking a pirated version instead. This backlash against 3 activation limit was a significant factor in Spore becoming the most pirated game in 2008.

Many mainstream publishers continued to rely on online-based DRM throughout the later half of 2008 and early 2009, including Electronic Arts, Ubisoft and Atari. Ubisoft broke with the tendency to use online DRM in late 2008 with the release of Prince of Persia as an experiment to "see how truthful people really are" regarding the claim that DRM was inciting people to use pirated copies. Although Ubisoft has not commented on the results of the ’experiment’, the majority of their subsequent titles in 2009 contained no online-based DRM since the release of Prince of Persia - notable examples being Anno 1404 and James Cameron’s Avatar: The Game making use of the online version of the TAGES copy protection system. An official patch has since been released stripping Anno 1404 of the DRM. Electronic Arts followed suit in June 2009 with The Sims 3, with subsequent EA and EA Sports titles also being devoid of online DRM.

Ubisoft formally announced a return to on-line authentication on 9 February 2010 through its Uplay on-line gaming platform, starting with Silent Hunter 5, The Settlers 7 and Assassin’s Creed 2. Silent Hunter V was first reported to have been compromised within 24 hours of release, but users of the cracked version soon found out that only early parts of the game were playable. The Uplay system works by having the installed game on the local PCs incomplete and then continuously downloading parts of the game-code from Ubisoft’s servers as the game progresses, making cracking games using the system a daunting task. It was only more than a month after the PC release in the first week of April that software was released that could bypass Ubisoft’s DRM in Assassin’s Creed 2, demonstrating its strength. The software did this by emulating a Ubisoft server for the game. Later that month, a real crack was released that was able to remove the connection requirement altogether. No fully working crack for Silent Hunter V has been confirmed.

In early March, 2010, Uplay servers suffered a period of inaccessibility due to a large scale DDoS attack, causing around 5% of game owners to become locked out of playing their game. The company later credited owners of the affected games with a free download, and there has been no further downtime.

Some most prominent cases making use of online DRM technology SecuROM include Spore, BioShock, Mass Effect and Gears Of War.

E-books

Electronic books read on a personal computer or an e-book reader typically use DRM restrictions to limit copying, printing, and sharing of e-books. E-books are usually limited to a certain number of reading devices and some e-publishers prevent any copying or printing. Some commentators believe that DRM is something that makes E-book publishing complex.

There are four main ebook formats at present. Mobipocket, Topaz, ePub and PDF. The Amazon Kindle uses Mobipocket and Topaz and it will also support native PDF format ebooks and native PDF files. Other ebook readers mostly use ePub format ebooks, but with differing DRM schemes.

There are four main ebook DRM schemes at present, one each from Adobe, Apple, Barnes & Noble and Amazon. Adobe’s Adept DRM is applied to ePubs and PDFs, and can be read by several third-party ebook readers, as well as Adobe’s Adobe Digital Editions software. Apple’s Fairplay DRM is applied to ePubs,and can currently only be read by Apple’s iBooks app on iOS devices. Barnes & Noble’s DRM scheme is implemented by Adobe, and is applied to ePubs and the older Palm format ebooks. Amazon’s DRM is an adaption of the original Mobipocket encryption, and is applied to Amazon’s Mobipocket and Topaz format ebooks

Two software programs to view e-books are Adobe Reader and Microsoft Reader. Each program uses a slightly different approach to DRM. The first version of Adobe Acrobat e-book Reader to have encryption technologies was version 5.05. In the later version 6.0, the technologies of the PDF reader and the e-book reader were combined, allowing it to read both DRM-restricted and unrestricted files. After opening the file, the user is able to view the rights statement, which outlines actions available for the specific document. For example, for a freely transferred PDF, printing, copying to the clipboard, and other basic functions are available to the user. However, when viewing a more highly restricted e-book, the user is unable to print the book, copy or paste selections. The level of restriction is specified by the publisher or distribution agency.

Microsoft Reader, which exclusively reads e-books in a .lit format, contains its own DRM software. In Microsoft Reader there are three different levels of access control depending on the e-book: sealed e-books, inscribed e-books and owner exclusive e-books. Sealed e-books have the least amount of restriction and only prevents the document from being modified. Therefore, the reader cannot alter the content of the book to change the ending, for instance. Inscribed e-books are the next level of restriction. After purchasing and downloading the e-book, Microsoft Reader puts a digital ID tag to identify the owner of the e-book. Therefore, this discourages distribution of the e-book because it is inscribed with the owner’s name making it possible to trace it back to the original copy that was distributed. Other e-book software uses similar DRM schemes. For example, Palm Digital Media, now known as Ereader, links the credit card information of the purchaser to the e-book copy in order to discourage distribution of the books.

The most stringent form of security that Microsoft Reader offers is called owner exclusive e-books, which uses traditional DRM technologies. To buy the e-book the consumer must first open Microsoft Reader, which ensures that when the book is downloaded it becomes linked to the computer’s Microsoft Passport account. Thus the e-book can only be opened with the computer with which it was downloaded, preventing copying and distribution of the text.

In one instance of DRM that caused a rift with consumers, Amazon.com remotely deleted purchased copies of George Orwell’s 1984 and Animal Farm from customer’s Amazon Kindles after providing them a refund for the purchased products. Commenters have widely described these actions as Orwellian, and have alluded to Big Brother from Orwell’s 1984. After an apology from Amazon CEO Jeff Bezos, the Free Software Foundation has written that this is just one more example of the excessive power Amazon has to remotely censor what people read through its software, and called upon Amazon to free its e-book reader and drop DRM. It was then revealed that the reason behind the deletion on Amazon’s part was due to the ebooks in question being unauthorized reproductions of Orwell’s works over which the company that published and sold it on Amazon’s service had no rights as the works were not within the public domain.

DRM opposition

A parody on the Home Taping Is Killing Music logo.

Many organizations, prominent individuals, and computer scientists are opposed to DRM. Two notable DRM critics are John Walker, as expressed for instance, in his article The Digital Imprimatur: How big brother and big media can put the Internet genie back in the bottle, and Richard Stallman in his article The Right to Read and in other public statements: "DRM is an example of a malicious feature - a feature designed to hurt the user of the software, and therefore, it’s something for which there can never be toleration". Professor Ross Anderson of Cambridge University heads a British organization which opposes DRM and similar efforts in the UK and elsewhere. Cory Doctorow, a prominent writer and technology blogger, spoke on the Microsoft campus criticizing the technology, the morality, and the marketing of DRM.

There have been numerous others who see DRM at a more fundamental level. TechMediums.com argues that DRM-free music allows for viral marketing, arguing that independent artists benefit from "free marketing" and can then focus on revenues from higher margin products like merchandise and concert ticket sales. This is similar to some of the ideas in Michael H. Goldhaber’s presentation about "The Attention Economy and the Net" at a 1997 conference on the "Economics of Digital Information." (sample quote from the "Advice for the Transition" section of that presentation: "If you can’t figure out how to afford it without charging, you may be doing something wrong.")

Bill Gates spoke about DRM at CES in 2006. According to him, DRM is not where it should be, and causes problems for legitimate consumers while trying to distinguish between legitimate and illegitimate users.

According to Steve Jobs, Apple opposes DRM music after a public letter calling its music labels to stop requiring DRM on its iTunes Store. As of January 6, 2009, the iTunes Store is DRM-free for songs. However, Apple considers DRM on video content as a separate issue and has not removed DRM from all of its video catalog.

Defective by Design member protesting DRM on May 25, 2007.

As already noted, many DRM opponents consider "digital rights management" to be a misnomer. They argue that DRM manages rights (or access) the same way prison manages freedom and often refer to it as "digital restrictions management". Alternatively, ZDNet Executive Editor David Berlind suggests the term "Content Restriction, Annulment and Protection" or "CRAP" for short.

The Norwegian Consumer rights organization "Forbrukerrådet" complained to Apple Inc. in 2007 about the company’s use of DRM in, and in conjunction with, its iPod and iTunes products. Apple was accused of restricting users’ access to their music and videos in an unlawful way, and of using EULAs which conflict with Norwegian consumer legislation. The complaint was supported by consumers’ ombudsmen in Sweden and Denmark, and is currently being reviewed in the EU. Similarly, the United States Federal Trade Commission held hearings in March 2009 to review disclosure of DRM limitations to customers’ use of media products.

"DRM-Free"

Due to the strong opposition that exists to DRM, many companies and artists have begun advertising their products as "DRM-Free".

Apple began selling "DRM-Free" music through their iTunes store in April 2007. It was later revealed that the DRM-Free iTunes files were still embedded with each user’s account information, a technique called Digital watermarking generally less restrictive. In January 2009, iTunes began marketing all of their songs as "DRM-Free", however iTunes continues to use DRM on movies, TV shows, ringtones, and audiobooks.































From Wikipedia, the free encyclopedia : Production and distribution of films and television programs, and publishing of sound recordings
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