Responding to the EU on DRM
By webmink on Mar 07, 2008
In response to a request from the European Union concerning DRM and interoperability, Sun has submitted a lengthy written response. Preparing for and reviewing the response with colleagues took me back to my earlier article, DRM and the Death of a Culture. My tendency is always to look for a guiding principle rather than to seek a set of rules, and in this case it's about quantization of discretion. Here's what I wrote:
People talk of "fair use" but what they actually mean is that we all depend on the exercise of judgment in every decision. Near the "bulls-eye" of copyright we're all clear what is what, but as Lessig eloquently explains in Free Culture, in the outer circles we have to make case-by-case judgments about what usage is fair and what usage is abuse. When a technologist embodies their or their employer's view of what's fair into a technology-enforced restriction, any potential for the exercise of discretion is turned from a scale to a step and freedom is quantized.
It strikes me that the inherent quantization of rights is what makes DRM at best undesirable and at worst a guarantee of cultural Alzheimer's. I was thus delighted when a very senior Sun executive insisted that the position paper include the following paragraph:
Before we discuss interoperability in detail, we would like to emphasize this last point. Sun believes that DRM should be a solution only when necessary. DRM should never restrict the user's ability to utilize the content in legally-permissible ways. With this in mind, any DRM system must be open, fully interoperable, and free from hidden IP licensing burdens that effectively re-close the system economically. Indeed, in the spirit of the company that supports OpenOffice.org, Sun believes that the Commission's stance should enable it to be possible to create a free version of any DRM system used in the EU!
Of course, I am personally among those who believe it is never necessary to apply Digital Restrictions to content, but I'm very pleased that Sun is taking a position that DRM should not be assumed to be automatically a part of the entertainment business.