Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations

The INDICARE project – the Informed Dialogue about Consumer Acceptability of DRM Solutions in Europe – has been set up to raise awareness about consumer and user issues of Digital Rights Management (DRM) solutions. One of the main goals of the INDICARE project is to contribute to the consensus-building among multiple players with heterogeneous interests in the digital environment. To promote this process and to contribute to the creation of a common level of understanding is the aim of the present report. It provides an overview of consumer concerns and expectations regarding DRMs, and discusses the findings from a social, legal, technical and business perspective. A general overview of the existing EC initiatives shows that questions of consumer acceptability of DRM have only recently begun to draw wider attention. A review of the relevant statements, studies and reports confirms that awareness of consumer concerns is still at a low level. Five major categories of concerns have been distinguished so far: (1) fair conditions of use and access to digital content, (2) privacy, (3) interoperability, (4) transparency and (5) various aspects of consumer friendliness. From the legal point of view, many of the identified issues go beyond the scope of copyright law, i.e. the field of law where DRM was traditionally discussed. Often they are a matter of general or sector-specific consumer protection law. Furthermore, it is still unclear to what extent technology and an appropriate design of technical solutions can provide an answer to some of the concerns of consumers. One goal of the technical chapter was exactly to highlight some of these technical possibilities. Finally, it is shown that consumer acceptability of DRM is important for the economic success of different business models based on DRM. Fair and responsive DRM design can be a profitable strategy, however DRM-free alternatives do exist too.Digital Rights Management; consumers; Intellectual property; business models

The Serums Tool-Chain:Ensuring Security and Privacy of Medical Data in Smart Patient-Centric Healthcare Systems

Digital technology is permeating all aspects of human society and life. This leads to humans becoming highly dependent on digital devices, including upon digital: assistance, intelligence, and decisions. A major concern of this digital dependence is the lack of human oversight or intervention in many of the ways humans use this technology. This dependence and reliance on digital technology raises concerns in how humans trust such systems, and how to ensure digital technology behaves appropriately. This works considers recent developments and projects that combine digital technology and artificial intelligence with human society. The focus is on critical scenarios where failure of digital technology can lead to significant harm or even death. We explore how to build trust for users of digital technology in such scenarios and considering many different challenges for digital technology. The approaches applied and proposed here address user trust along many dimensions and aim to build collaborative and empowering use of digital technologies in critical aspects of human society

Protecting U.S. Intellectual Property Rights and the Challenges of Digital Piracy

According to U.S. industry and government officials, intellectual property rights (IPR) infringement has reached critical levels in the United States as well as abroad. The speed and ease with which the duplication of products protected by IPR can occur has created an urgent need for industries and governments alike to address the protection of IPR in order to keep markets open to trade in the affected goods. Copyrighted products such as software, movies, music and video recordings, and other media products have been particularly affected by inadequate IPR protection. New tools, such as writable compact discs (CDs) and, of course, the Internet have made duplication not only effortless and low-cost, but anonymous as well. This paper discusses the merits of IPR protection and its importance to the U.S. economy. It then provides background on various technical, legal, and trade policy methods that have been employed to control the infringement of IPR domestically and internationally. This is followed by an analysis of current and future challenges facing U.S. industry with regard to IPR protection, particularly the challenges presented by the Internet and digital piracy.Research and Development/Tech Change/Emerging Technologies,

Regulating Data as Property: A New Construct for Moving Forward

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership of digital information be achieved? How can those rights be transferred and enforced? Those calls for data ownership emphasize the impact of ownership on the automotive industry and the vast quantities of operational data which smart automobiles and self-driving vehicles will produce. We looked at how, if at all, the issue was being considered in consumer-facing statements addressing the data being collected by their vehicles. To formulate our proposal, we also considered continued advances in scientific research, quantum mechanics, and quantum computing which confirm that information in any digital or electronic medium is, and always has been, physical, tangible matter. Yet, to date, data regulation has sought to adapt legal constructs for “intangible” intellectual property or to express a series of permissions and constraints tied to specific classifications of data (such as personally identifiable information). We examined legal reforms that were recently approved by the United Nations Commission on International Trade Law to enable transactions involving electronic transferable records, as well as prior reforms adopted in the United States Uniform Commercial Code and Federal law to enable similar transactions involving digital records that were, historically, physical assets (such as promissory notes or chattel paper). Finally, we surveyed prior academic scholarship in the U.S. and Europe to determine if the physical attributes of digital data had been previously considered in the vigorous debates on how to regulate personal information or the extent, if at all, that the solutions developed for transferable records had been considered for larger classes of digital assets. Based on the preceding, we propose that regulation of digital information assets, and clear concepts of ownership, can be built on existing legal constructs that have enabled electronic commercial practices. We propose a property rules construct that clearly defines a right to own digital information arises upon creation (whether by keystroke or machine), and suggest when and how that right attaches to specific data though the exercise of technological controls. This construct will enable faster, better adaptations of new rules for the ever-evolving portfolio of data assets being created around the world. This approach will also create more predictable, scalable, and extensible mechanisms for regulating data and is consistent with, and may improve the exercise and enforcement of, rights regarding personal information. We conclude by highlighting existing technologies and their potential to support this construct and begin an inventory of the steps necessary to further proceed with this process

Age-appropriate information technology on the advance: Putting paid to olden times

Ageing society opens up enormous economic potential. Whereas for a long time social interpretation homed in on the doomsday scenarios of demographic change, it is the economic potential that is now emerging with increasing clarity. Information and communication technologies stand a good chance of benefiting from this trend. Older people are not intrinsically technology refuseniks, as evidenced by the growing number of silver agers using the internet. Successful products will be far removed from disenfranchisement and stigmatisation. The challenge to product developers and marketing strategists is to create age-appropriate offers that older people do not perceive as encroaching on their autonomy or pointing up their physical infirmities. Particularly promising are offers enabling barrier-free use without seeming like segregational solutions for specific age groups. User friendliness, value systems and the legal framework are currently stymieing yet wider success. Technical fascination aside, the business potential hinges directly on regulations concerning data protection, teletreatment and cost reimbursement, on user friendliness and society’s attitude towards the application of robotics in medicine and healthcare. The tasks involved are enormous. Product developers, marketing strategists, physicians, nurses and carers, politicians and older people in need of help themselves must be prepared to take the new routes. Assistance systems, e-Health and health games benefit from demographic change. The range of offers is highly diversified. They extend from ‘intelligent’ tablet dispensers, emergency bio sensor technology in motor vehicles and motion sensor technology through tele-monitoring and online consultations to brain jogging and exercise games.demographics, technology,ICT, e-Health, games, AAL, assistance systems