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The Digital Media Project |
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Source |
Martin Springer |
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Title |
EFF Lawyer Mike Godwin's criteria for a 'humane DRM' vs. DMP RQs |
No. |
040328springer01 |
EFF Lawyer Mike Godwin has
written a very insightful essay titled What
Every Citizen Should Know About DRM, a.k.a. Digital Rights
Management. In the final chapter (p. 33 ff), Godwin discusses the
possibility of a 'humane DRM' that harmonizes the needs of Copyright
Owners, Technology Makers and Citizens/ Ordinary Users.
To document that both approaches could be in-line, the following table
maps Mike Godwin's set of criteria against the draft list of
requirements derived by the first DMP General Assembly from the
list of TRUs.
|
Godwin's criteria |
DMP RQ |
Stakeholders |
|---|---|---|
|
It must limit (or, ideally, prevent) large-scale unauthorized redistribution of copyrighted works over the Internet or any similar medium. |
Inhibiting the making accessible to a DMP user a modification of a piece of DMP content made by a DMP user who is not the creator [22] |
Copyright Owners |
|
In addition, it must allow a range of business models for distributing content, within the constraints of copyright law. |
DRM Platform: A framework that enables management of user rights and protection of content under a variety of business models for content usage [Definition of terms for DMP specifications] |
Copyright Owners |
|
It must maintain technology companies ability to create a wide range of innovative non-infringing products, and to design, build, and maintain those products efficiently. |
[DMP patent policy, to be decided] |
Technology Makers |
|
It must maintain the ability to choose between open-source and closed-source development models. |
Free Software Compatible: The license grants royalty-free use of patents if the use is for software published under the terms of a Free Software License. [Types of techology licensing] [DMP patent policy, to be decided] |
Technology Makers |
|
It must enable technology makers to come up with robust, interoperable, relatively simple technologies that are fault-tolerant and easy to maintain. |
The transfer and use of DMP DRM compliant bitstreams/files between one given DMP DRM compliant DRM implementation and another DMP DRM compliant DRM implementation.[46] The storage, transfer and use of DMP DRM compliant bitstreams/files on non-DMP DRM compliant devices. [47] |
Technolgy Makers |
|
It must maintain access to a wide variety of creative works, both past and present, including both public-domain works and works still protected by copyright. |
Continuous access to DMP content by DMP users [10] Access and use DMP content whose copyright has expired [15] |
Citizens/ Ordinary Users |
|
It must maintain access to advancing consumer technology for uses not related to copyright. |
Authorised domain: The ensemble of devices, delivery systems and interfaces which are employed under the control of an end-user to use content within and possibly outside of a properly defined environment [Definition of terms for DMP specifications] |
Citizens/ Ordinary Users |
|
It must continue to allow for maintain fair use (including time-shifting, space-shifting, archiving, format translation, excerpting, and so on) |
Creation of DMP quotes by a user [1] Space-shifted use of DMP content according to the rules of the place in which it is used [11] Time-shifted use of DMP content [12] Transcoding of a piece of DMP content from one format to another [24] |
Citizens/ Ordinary Users |
|
...and also must be flexible enough to allow for new, innovative fair uses (e.g., uses of home networking and other kinds of fair use we haven't yet imagined or discovered). |
Extensibility of rights expressions and conditions for DMP DRM compliant bitstreams/files such that new, trusted and duly authorized semantics and syntax can be introduced periodically over time. [42] |
Citizens/ Ordinary Users |