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Is DRM Doomed to Failure? Group 7: Matt Kearns, Chris Keddy, Robert (!Scott) Keohane, Kyle Warren

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PowerPoint presentation given to Algonquin College CST8299 -Ethics for IT Professionals by Matthew Kearns, Kyle Warren, Scott Keohane and Chris Keddy.

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Page 1: Is DRM Doomed to Failure?

Is DRM Doomed to Failure? Group 7: Matt Kearns, Chris Keddy, Robert (!Scott) Keohane, Kyle Warren

Page 2: Is DRM Doomed to Failure?

Is DRM Doomed to Failure? - CST8299 Group Discussion• Matt:

• What is DRM? (Brief introduction)

• Chris:

• Amazon’s UNbox issues

• Kyle:

• Depth of DRM embedding in Windows

• !Scott:

• DRM’s Chilling Effects

• Matt (again, sorry)

• Foundational legal and ethical issues of DRM, and the digital dark age.

Page 3: Is DRM Doomed to Failure?

DRM in brief404: joke not found.

Page 4: Is DRM Doomed to Failure?

Reference: http://searchcio.techtarget.com/definition/digital-rights-management

DRM – What is it? Digital rights management (DRM) is an access control methodology that is employed by hardware manufacturers, publishers and copyright holders with the intent to limit the use of digital content and devices after their initial sale.

Page 5: Is DRM Doomed to Failure?

Quote: http://searchcio.techtarget.com/definition/digital-rights-management

What does this mean?

In order to legally use content that was legally purchased, consumers must follow the copyright-holder’s End User Licensing Agreements (EULA), no matter how restrictive or unusable. This also effectively binds purchases of content and devices to a single person or entity without possibility of resale.

“Although digital content is protected by copyright laws, policing the Web and catching law-breakers is very difficult. DRM technology focuses on making it impossible to steal content in the first place, a more efficient approach to the problem than the hit-and-miss strategies aimed at apprehending online poachers after the fact.”

Page 6: Is DRM Doomed to Failure?

Amazon Unbox: Issues? What issues?Chris Keddy

Page 7: Is DRM Doomed to Failure?

Amazon UNbox

• What is Amazon unbox?

• What is their digital rights management system?

• Why did some people have a problem?

• Some information on the Terms of Use.

Page 8: Is DRM Doomed to Failure?

Image Credit: http://images.videolan.org/images/goodies/Cone-Video-large.png

Windows DRM: Protecting you from yourself.Kyle Warren

Page 9: Is DRM Doomed to Failure?

Source: http://msdn.microsoft.com/en-us/library/windows/desktop/aa376846(v=vs.85).aspx

Windows DRM

• DRM is built into Microsoft’s operating systems• Media Sharing: 2 requisites.

• Force all devices to use DRM scheme: Protected Media Path• Prevent monitoring of playback from outside programs

• Microsoft not the only DRM-enabled Operating system. • Apple’s OSX is fully DRM compliant.

• iTunes is notable exception (Music only).• Some software ignores DRM altogether, VLC and DivX most

notably.• Other Software cannot interpret DRM protected content, like

XBMC.

Page 10: Is DRM Doomed to Failure?

Reference: http://www.techdirt.com/articles/20091214/0005017331.shtml

Problems with DRM on Microsoft

• Changing hardware (ie. processor, etc.) may affect ability to play drm protected content due to watermarking.

• Trying to use Windows media Player to playback DRM protected media cant play results in an error message (a value in the registry was changed)

• Example: Being locked out of your own Office document – Dec. 2009

Page 11: Is DRM Doomed to Failure?

Image credit: http://xkcd.com/129/

The Chilling Effects of DRMRobert (!Scott) Keohane

Page 12: Is DRM Doomed to Failure?

DRM’s Chilling Effects

• United States vs. ElcomSoft & Dmitry Sklyarov

• Charged with violating US Digital Millenium Copyright Act

(DMCA), 1998

• Adobe dropped suit, but US Dept. of Justice (US DOJ) pursued

charges

• Federal charges against Sklyarov were dropped in exchange

for

Testimony against ElcomSoft.

• Jury ruled in favour of the defendant, ElcomSoft found not

guilty.

• Case raises concerns: prosecution for activities that are legal

in other countries.

EFFECT #1: DIFFERING NATIONAL LAWS

Page 13: Is DRM Doomed to Failure?

DRM’s Chilling Effects

• Edward Felten and Princeton University accepted watermark

challenge from Secure Digital Music Initiative (SDMI)

• Chose to opt out of Non-Disclosure Agreement, exempted

from Cash Prize. Planned to publish findings.

• SDMI, Recording Industry Association of America (RIAA) and

Verance Corp. threatened legal action if Felten/Princeton

published findings.

• Felten and Electronic Freedom Foundation (EFF) sued both

groups, suit was dismissed.

• USDOJ assured Felten DMCA does not apply to Academic

work and legal issues are moot.

ISSUE #2: ACADEMIC AND LEGITIMATE RESEARCH UNCERTAINTY

Page 14: Is DRM Doomed to Failure?

DRM’s Chilling Effects

• Niels Furguson managed to break Intel’s High-bandwidth

Digital Content Protection (HDCP) scheme.

• Has stated that he is afraid to publish the research

information as suit is possible through both Intel and Motion

Picture Association of America (MPAA) , and US DOJ may

pursue arrest if he visits the US.

• Differing laws in US/Netherlands, and United Nations.

• Inability to publish findings actually harms MPAA/Intel, stifles

innovation.

• Other foreign researchers afraid to legitimately publish

findings.

• Technical conference hosts now considering going off-shore

due to legal risks/threats.

ISSUE #3: DMCA THREATS CREATE A CHILLING EFFECT IN ACADEMIA

Page 15: Is DRM Doomed to Failure?

Foundational & Legal IssuesMatt Kearns

(would SO download a bear)

Page 16: Is DRM Doomed to Failure?

DRM Foundational Issues• DRM often at odds with fair-use and public domain rights.• Do the rights of the many (public at large) out-weigh the

rights of the few (content creators/copyright holders)? • DRM often does not work as planned, or at all. • Costs large companies large sums of money and is

generally ineffective. • DRM policies favour ‘have’ societies, and generally

hamper ‘have-not societies.• Stifles innovation by discouraging openness. • Stifles profit by barring legitimate consumers from

enjoying a product as they wish (sometimes directly contravening fair-use laws), and does nothing to functionally suppress piracy.

Page 17: Is DRM Doomed to Failure?

Quote Source: https://www.eff.org/wp/digital-rights-management-failure-developed-world-danger-developing-world

DRM Legal Issues

• No single, unifying Intellectual Property law respected worldwide. • DRM that is acceptable in one country may not be legally

enforceable elsewhere

“In order to protect DRM, governments around the world have enacted "anticircumvention" legal regimes that ban the sale, manufacture and dissemination of tools that can be used to break DRM locks. Unlike real security systems, such as those used to keep encrypted email and Web-sessions private, DRM systems are not "self-protecting." Without state sanctions on those who publish their workings, DRM systems are useless.”-- Electronic Freedom Foundation

Page 18: Is DRM Doomed to Failure?

Quote: http://archive.ifla.org/IV/ifla63/63kuny1.pdf

The Digital Dark-Age?

“Within this hyperbolic environment of technology euphoria, there is aconstant, albeit weaker, call among information professionals for a more sustained thinking about the impacts of the new technologies on society. One of these impacts is how we are to preserve the historic record in an electronic era where change and speed is valued more highly that conservation and longevity.

As we move into the electronic era of digital objects, it is important to know that there are new barbarians at the gate and that we are moving into an era where much of what we know today, much of what is coded and written electronically, will be lost forever.”-- Terry Kuny

Page 19: Is DRM Doomed to Failure?

Source: http://archive.ifla.org/IV/ifla63/63kuny1.pdf

The Digital Dark-Age?

WHAT DOES THAT MEAN? • Application of DRM in a wholesale manner guarantees that the

information locked behind it will eventually be lost due to shifts in technology.

• Most implementations of DRM do not have an automatic expiry/ decryption date, and due to legislation that forbids the use of DRM breaking technology, the information might never be legally allowed into the public domain.

• The cure for this is to adopt open standards, and make information publicly accessible.

• Examples: • The Internet Archive, • Microsoft & US Archives open format migration project• United Kingdom National Archives open-source projects

Page 20: Is DRM Doomed to Failure?

In ClosingDRM doesn’t stop piracy, but Kim Dotcom might have an idea how.

Page 21: Is DRM Doomed to Failure?

Thanks for your time,Any Questions for discussion?

Other than where you can get your own DRM undies?