Notes from Karl Fogel --------------------- Friday, 8:30am - DRM Business Models: Get Dean Marks' slides: Refute: Claimed studios wouldn't put out DVD movies w/o DRM. (Really? If the alternative were low-quality bootlegs? I think the studios would sell the DVDs anyway.) "What do consumers want?" Fake question designed to generate DRM strategies. Consumers have been showing for years what they want: bits that flow freely. All this talk of sometimes the user wants a rental model, sometimes they want an ownership model, sometimes they want a stream-on-demand model... this is all *supplier* driven talk. The customers aren't saying this stuff, except perhaps in response to carefully-designed push surveys. On his "Satisfying Consumer Desires / Creating New Markets" slide, point #3 is bogus. "However"... Victoria Bassetti "DRM preserves our products' integrity". She also says EMI is heading toward mainly digital revenues. Said something about "30%" of revenues going to the artists. Tom Rubin of Microsoft says DRM has been accepted for years in satellite TV, now satellite radio, log-in websites (huh???), cell phone networks (totally bogus), and claims that this DRM enables "flexible new services". Then he threw out the provocation: libraries have had "access control" for years. (Was the cell phone network analogy also in the provocation category?) Like that other guy, Tom Rubin loves the phrase "balance the competing interests", "achieve the right balance", etc. Todd Alberstone of RealNetworks started with Safe Harbor statement :-). Talked about transactional watermarking, said "balance fair use against [the interests of the content owners]" Helix DRM uses 128-bit key; content is inert until license purchased. todda@real.com Gerard Lewis (Comcast) Spent $5.4 billion on content licensing in 2006. Says the content owners demand protections. Andrew Bridges (Winston and Strawn): "by making it easy, or by making it hard" GET HIS SLIDES!!! Audio Home Recording Act enforces 1-generation copying (tell the Koreh Endre story here?); Perfect 10 v. Google (is about image recognition); something about government auditing in Greece. Hal Varian (UC Berkeley), heavily economic viewpoint, "Economics of DRM": watch out for DRM monopolists Friday, 11:00 - Private Sector Initiatives to Design Technology to Allow (Some) Privileged Uses Susan Landau (Sun) claims that patents prevent OSS implementations of watermarking (!). General point that DRM systems can be patented. Talked about Sun's DReaM system. David Sohn (CDT): Impact of DRM on anonymity, privacy, computer security. Julie Cohen's "The Right To Read Anonymously" (Susan Landau also liked it) Q&A talked about DRM effects on handicapped people. Hmm. Friday, 2pm - What Role Should Government Play in Enabling or Regulating DRM Technologies David Carson, US Copyright office: DMCA(a)(1)(A) "No person shall circumvent a technological measure that effectively ..." (B) "The prohibition [above] shall not apply [non-infringing] (C) recommendations for rule-making (D) publish the above rules, allow circumvention for non-infringing uses for works in the decided classes Plus the decision that a "class of works" is based on attributes of the works themselves. EXCELLENT: GET HIS SLIDES Richard Owens (WIPO): WIPO Copyright Treaty, WIPO Phonograph and Performances (?) Treaty, Role of patents in settling international DRM standards Said the "DRM technology is neutral" Said WIPO *will* consider the public domain. In answer to Andrew Bridge's pointed question, said that WIPO's mission is improving intellectual property protection. Gigi Sohn (Public Knowledge): Where are the exemptions for DVD region encoding; DVD crap-skipping; device tethering, she asks. Friday, 4pm - Can Anti-Circumvention Rules Be Made Consistent With Privileged Uses? Nic Garnett, interight.com (british accent) DRM = "Doesn't Really Matter". Steve Jobs piece just a strategy to avoid anti-competitive challenges in Europe, *not* a prognostication on the future of DRM. Ian Kerr, University of Ottowa (Canadian cyborg, chippy guy): Canadian law talks about copyright and "moral rights", addresses both in its statutes. GET HIS SLIDES, for quotes from per Binnie in Théberge case, se also Drassinower's decision. Kerr concludes that "circumvention rights" are the real mandate! "30 Days of DRM" by Geist, and book "In the Public Interest". Jerome Reichman, Duke Law School: Reverse Notice & Takedown Procedure (...but, why is this compelling? Idea is it would turn the DMCA into an instrument of protected uses). Co-author w/ Graeme Dinwoodie of Chicago Kent Law School: DRM shouldn't alter the rights already available. -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- -*- Saturday, 8:30am - Lynne Brindley, British Library "Public Innovation: Intellectual Property in a Digital Age" www.ippr.org.uk/publicationsandreports Their digital sound preservation program was breaking the law! She's also big on "balance" Saturday, 9:00 - Consumer Protection Issues Posed by Sony BMG Copy-Protected CDs Cindy Cohn, EFF: "XCP" DRM had the rootkit, and the rootkit itself had vulnerabilities to 3rd parties rootkitting through it. Media Max (?) DRM had a "privilege escalation" issue. Sony fixed issues for each, but the fixes needed refixes. EFF sued over the MediaMax flaw. Also sued over Sony's awful EULA. Settled out of court, got various remedies, including non-DRM'd CDs, settlement offers via Google adwords, etc. State AGs tehn forced stickering onto existing CDs, relief for people with damaged computers, research/investigative rights. Natalie Helberger, University of Amsterdam: Talked about other cases where consumer law, rather than copyright law, affected DRM. Feels that consumer law is the right place to handle DRM. * rules about marketing: unfair/agressive advertising * rules about contracting: unfair terms in non-negotiated contracts * rules about product quality: non-conformity, product liability Focus on "reasonable expectations" of consumer Jane Winn, University of Washington Law School, contract law specialist. Get her paper, "Tort [Reform/Law] is No Excuse For Contract Law". She says contract law in Europe is totally different from US (has article about this on her site). THIS WOMAN KNOWS EVERYTHING ABOUT ELECTRONIC COMMERCE CONTRACT LAW, WOW. Deirdre Mulligan, Berkeley Law (CDT background too). (She saw "The Magnificence of the Disaster"!) Has done studies on users clicking through EULAs. She also made the point about moving expectations. Potential loss of the "end-to-end principle" (what is that?) Peter Swire during Q&A: FTC "Darpa" analogy: security research communicated to blessed authorities needs automatic exemption. Saturday, 11 - Interoperability Concerns About DRM Mitch Singer, CTO Sony Pictures Entertainment (Digital Policy VP): "The problem began when strangers started sharing music". Bogusly compared DVD sale points w/ digital sale points ("Let 1000 retailers bloom"). Said consumers want a "Domain" of devices in which they can play content freely, w/o counting copies. Proposes a credit-card-like ("visa-like") entity. Julien Dourgnon, Que Choisir: sort of like Peter Eckersley, a fee on Net connections would pay performers. Has done some surveys in France, on iTunes users' expectations. GET HIS SLIDES & TALK to prepare for Montréal. Stefan Bechtold, Max Planck Institute: iPod/iTunes openness issues; code obfuscation defeats anti-circumvention research anyway (good point!) Pam Samuelson: pointed out challenges to interoperability on copyright grounds. Check out the "Wyden Bill". Saturday, 1:30 - Consumer Protection: Inside of Copyright Law or Outside? P. Berndt Hugenholtz: Consumers absent from the negotating table. Niva Elkin-Koren, Haifa Center for Law and Technology Consumers have rights, so circumvention is okay. (Uh, okay.) Peter Swire, Ohio State & Clinton Administration (OMB's chief privacy counsellor: Recommends Benkler's "The Wealth of Networks", but has an (admiring) critique of it. Also: "Social Production". Consumers have "information-age factories" on their desks now; DRM is "crippling the production of these factories". Nice! GET THIS SLIDE, and/or his paper.