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30 Days of DRM – Day 04: DRM Misuse Sanctions (Markets)

Yesterday's posting focused on the role that the Competition Bureau should play in addressing DRM misuse.  While that role is an important one, it is by no means sufficient to address the misuse problem.  The Bureau will undoubtedly be hampered by inadequate resources, institutional bias against taking "risky" cases, and statutory limitations that constrict its role to abuse of dominance cases.  Therefore, in addition to Bureau oversight, the law should contain provisions that establish strong disincentives to overreaching or abusive use of DRMs.

Last fall's Sony rootkit case, in which Sony placed hundreds of thousands of personal computers at risk for viruses and other security breaches by surreptitiously placing DRM on dozens of its music CDs, is a model illustration of the havoc that DRM misuse can generate.  While the Sony case is not an abuse of dominant position case, there are good policy reasons to create disincentives to ensure that overzealous companies will not misuse DRM. 

Several potential disincentives come to mind.

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August 22, 2006 3 comments News

Spamigation

Brad Templeton had a very interesting post over the weekend on Dave Farber's list in which he characterized the RIAA lawsuit strategy as an example of spamigation – "bulk litigation that's only become practical due to the economies of scale of the computer era."

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August 22, 2006 Comments are Disabled News

30 Days of DRM – Day 03: Oversight of DRM Misuse (Markets)

Today's installment focuses on the need for an amendment to the Competition Act should Canada introduce anti-circumvention legislation.  The Act should be amended to ensure that the Competition Bureau is not restricted in its ability to bring actions against abusive behaviour stemming from the application of an anti-circumvention provision. 

This argument is a bit technical, but important. 

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August 21, 2006 1 comment News

“Would You Trust These People?”

David Basskin, the head of the CMRRA, commenting on the recording industry as both prepare for a major hearing at the Copyright Board of Canada on online music downloads, has the following to say about the recording industry and the interests of songwriters and music publishers: "Record companies do not […]

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August 20, 2006 2 comments News

30 Days of DRM – Day 02: Region Coding (Markets)

DVDs are a good example of a consumer product that contains several types of TPMs.  Many DVDs include Macrovision (designed to stop copying a DVD to VHS), Content Scramble System or CSS (the subject of important litigation involving DeCSS, a software program created to allow Linux users to play DVDs since they were otherwise unable to do so due to CSS), and region coding.  I think the region coding issue is of particular concern and should be the subject of a specific exception within anti-circumvention legislation.

The premise behind region coding is fairly straight-forward. With DVD region coding, the world is divided into eight regions (Canada and the U.S. form Region One).  Consumer electronics manufacturers have agreed to respect region coding within their products by ensuring that DVD players only play DVDs from a single region.  The net effect is that Canadian-purchased DVDs will play on Canadian-bought DVD players, but DVDs purchased in Europe, Australia, or Asia (all different regions), are unlikely to work on those same DVD players (with the exception of those DVDs that are region coded zero, which can be played worldwide).  The is also true for playing the DVDs on a personal computer – my Macintosh will only allow a limited number of region changes.

Note that the use of region coding has nothing to do with traditional notions of copyright law.  The underlying work may involve a copyrighted work – DVDs and video games regularly use region coding – yet the protection is designed to manipute markets by restricting the ability to use fully authorized copies of works.

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August 20, 2006 22 comments News