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Christina's LIS Rant
Tuesday, October 28, 2008
  ASIST2008: Digital Rights Management or Digital Restrictions Management?
Digital Rights Management or Digital Restrictions Management? (Panel)
Tuesday, October 28, 2008

Kristin Eschenfelder (U Wisconsin-Madison)
Kevin L. Smith (Duke, http://library.duke.edu/blogs/scholcomm/)
Bill Burger (VP Marketing, Copyright Clearance Center)
Johns Sullivan (Free Software Foundation)

Rafal Kasprowski (moderator)

KE: Can I e-mail this? The use restrictions found in licensed digital resources
Setting the context in library land
assumption: libraries always opposed to DRM
libraries:
concerned due to compatibility and interoperability – example proprietary readers that are downloaded
second major concern, digital preservation
third, patron dissatisfaction
fourth, ideological barrier – in opposition to idea of libraries to promote maximal access and use

but: in archives and special collections – lots of interest in using DRM
expand access, but control who sees – if culturally sensitive, or nesting locations of spotted owls, or copyright issues

what counts as DRM, anyway?
hard technology – strictly control or disallow direct or subsequent use actions (saving, printing)
soft technology – interface or server side configurations to discourage but there are browser or other workarounds (see her articles in College & Research Libraries)
policy – license terms internal policies, terms of use, law
cultural law – cultural views about who can access and use information

Soft TPM types
TPM – technological protection measures
TPM by extent of use – maybe server fraud something systems? batch downloading alerts and blocking
TPM by frustration – chunking – like NetLibrary where you can only see a page at a time and it is really inconvenient to print or download
TPM by obfuscation – interface does not advertise use functionality
TPM by omission – vendor or software interface doesn’t have the option, but you can do it through the browser or OS (like right click, or control p)
TPM by decomposition – like in health and medical resources, materials only available in html, so much harder to save, e-mail, and transfer.
TPM by threat – (like JSTOR), declarations in EULA or pop-up

KLS: Mitigating the effects of DMCA anti-circumvention rules
DMCA does purport to define DRM: “technological measures that effectively control access”

self-help: take measures to prevent or address or assert rights without resorting to court
so DMCA is self-help, but getting the court to enforce the self-help.

BB:
part of the international Reproduction Rights Organization – so they have bilateral agreements to license foreign titles and exchange royalties
btwn rights holders and the users of content
make it easy for users to do the right thing
CCC makes no use of DRM – their model is about spontaneous pay-per-use, it frustrates their customers

had some positives , here are his negatives:
- huge hassle and inconvenience
- easily hacked
- punishes your best customers
- a crutch used to avoid adopting more progressive and adaptable business models
- anti-competitive
- slows technical innovation (example: DAT, digital audio tape)
- undermines your fair use rights

JS: Free Software Foundation
more like free speech rather than free beer (or as free-range would say, free kittens)
like GNU Linux
freedom to
- run the program
- study the program/ look at the software
- improve the program
- make and share copies and modified versions (derivative works)

free software != open source (open source movement isn’t so concerned with ethical principles of freedom)

examples: Apache, Handbrake (copying DVDs)
treat drm as an ethical and social problem rather than just as unfortunate business decision
their campaign is DefectiveByDesign.org, FSF and Civic Actions, launched in May 2006 – they call it digital restrictions management, targeted apple Microsoft amazon sony netflix warner emi boston public library (?)

don’t group things as IP – not physical property – talk about copyright, dmca – these are different things and the laws were with different purposes than laws for physical property

these drm systems force users to install proprietary software that phones home to remote server to check rights – so this is spyware and poses security issues.

apple’s iphone, and perhaps their view for the computer later is to vet and only allow programs they approve covered by their drm – so blocked aps to use iphone as a wireless hotspot or use voip vice cellphone – walled garden where they completely control what is on your device, and this can include no free software

the issue with DRM over public domain works – example of the constitution on the kindle – can’t share it… and pdf of Alice in Wonderland that can’t be read aloud.

Crap – the session just got cut off – over time… crap, crap crap.. no questions. speakers just completely ran out.

They should never, never, never allow more than 3 speakers for a single session

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This is my blog on library and information science. I'm into Sci/Tech libraries, special libraries, personal information management, sci/tech scholarly comms.... My name is Christina Pikas and I'm a librarian in a physics, astronomy, math, computer science, and engineering library. I'm also a doctoral student at Maryland. Any opinions expressed here are strictly my own and do not necessarily reflect those of my employer or CLIS. You may reach me via e-mail at cpikas {at} gmail {dot} com.

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