Digital Rights Management and the Process of Fair Use

Producers of digital media works increasingly employ technological protection measures, commonly referred to as digital rights management (or DRM ) technologies, that prevent the works from being accessed or used except upon conditions the producers themselves specify. These technologies have come under criticism for interfering with the rights users enjoy under copyright law, including the right to engage in fair uses of the DRM-protected works. Most DRM mechanisms are not engineered to include exceptions for fair use, and user circumvention of the DRM may violate the Digital Millennium Copyright Act even if the use for which the circumvention occurs is itself noninfringing. The academic literature on fair use in digital media has suggested several possible ways to resolve the tension between fair use on the one hand and DRM on the other. Among the more provocative possibilities is that DRM technologies themselves may evolve to incorporate greater built-in protections for end-user rights. This article examines several such proposals and finds that they are not likely to provide users with the same measure of protections for fair use of copyrighted works that exists in the offline world. The failure of these proposals, however, does not suggest that the broader goal of protecting fair use rights in digital media is unattainable. It is possible to advance much more closely towards that goal by altering the design philosophy of DRM technologies to focus more on the processes by which fair uses occur and less on attempting to replicate the substantive law of fair use in machine-administrable form. The article concludes by outlining one possible system engineered to protect the process of fair use

Property Is a Two-Way Street: Personal Copyright Use and Implied Authorization

When we use the Internet, we know that copyright law limits our freedom. We know, for example, that downloading popular music is legally risky. Those who want to get moralistic about it argue that illegal downloading violates a property right of the copyright holder. But what about our property rights in our computers? Even if copyright is a form of property, it maintains a parallel existence as an intrusion upon property rights. This intrusion is increasingly a part of daily life, as copyright\u27s literal scope sweeps broadly enough to threaten a range of everyday activities that social norms rega rd as acceptable. These observations form the basis of a moral critique of copyright law, but they do not figure prominently in modern doctrine. This Article looks to the common law property rights of copyright users to develop a framework for limiting copyright\u27s reach. If we take seriously traditional rules governing the interplay between statutes and preexisting common law rights, courts have room to incorporate user property rights into copyright doctrine. First, the common law provides a baseline against which the Copyright Act should be construed. Courts should be reluctant to interpret the statute in a manner that negates longstanding expectations that personal property may be used in conjunction with copyrighted material for personal purposes. Second, the property rights of copyright users offer a new foundation for implied license doctrine. Instead of looking solely to the conduct of the licensor (i.e., the copyright holder) to determine whether an implied license to use copyrighted content exists, courts should appreciate the reasonable expectations of consumers in their control of personal property used to interact with the protected works. Expanding our conception of implied license in this manner would help address the uneasy status of personal uses of copyrighted work s under modern law

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 RIAA Litigation War on File Sharing and Alternatives More Compatible with Public Morality

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Digital copyright law: exploring the changing interface between copyright and regulation in the digital environment

This thesis seeks to address and clarify the changing interface between copyright law and other forms of regulation in the digital environment, in the context of recorded music. This is in order to explain the problems that rightsholders have had in tackling the issue of unauthorised copyright infringement facilitated by digital technologies. Copyright law is inextricably bound-up with technological developments, but the ‘convergence’ of content into a single digital form was perceived as problematic by rightsholders and was deemed to warrant increased regulation through law. However, the problem is that the reliance on copyright law in the digital environment ignores the other regulatory influences in operation. The use of copyright law in a ‘preventative’ sense also ignores the fact that other regulatory factors may positively encourage users to behave, and consume in ways that may not be directly governed by copyright. The issues digital technologies have posed for rightsholders in the music industry are not addressed, or even potentially addressable directly through law, because the regulatory picture is complex. The work of Lawrence Lessig, in relation to his regulatory ‘modalities’ can be applied in this context in order to identify and understand the other forms of regulation that exist in the digital environment, and which govern user behaviour and consumption. By combining his work with that of other scholars in the field, a bespoke ‘Lessigan’ framework is formulated to address and analyse those other regulatory factors in conjunction with actions undertaken by rightsholders to secure their copyrights in the digital age. The thesis will analyse the effect such reliance on copyright law may have on these regulatory influences, and the creative potential of the digital environment

Securing Healthy Circular Material Flows In The Built Environment

Departing from two problem statements, one concerning circularity in the built environment and one concerning flexibility in the built environment, this dissertation sets out to answer two main research questions: – In an Open Building division of support and infill, to what extent can the infill contribute to sustainable circular material & product flows? – Which qualitative and quantitative criteria and preconditions are central to integrating the notions of user health & well-being, circularity, and flexibility in infill configurations? In view on these research questions, this dissertation revolves around multiple topics and disciplines, addressing material properties, material flows, product design, and user benefits, relating to a specific building component: non-bearing partitioning. The research follows a mixed-method approach, primarily qualitatively driven and supported by quantitative data and tools. Literature studies, workshops and expert consultations are applied throughout the trajectory to derive, test and adjust criteria, guidelines and design concepts. The dissertation is structured around four research chapters (each set-up as a separate academic article), preceded by a general introduction and background sketch, and followed by an overarching evaluation of the findings. The results from the first research chapter (Chapter 3) concern the distinction of various intrinsic and relational properties, as well as an inventory matrix based on building layers and material reutilisation routes. In the next chapter (Chapter 4), a first set of criteria is derived (Circ-Flex I) in order to integrate flexibility, circularity and user benefits. In Chapter 5, criteria are further elaborated, including assessment guidelines that pinpoint health, well-being, and operational performance (Circ- Flex II). The following chapter (Chapter 6) is aimed at design aspects: a design conceptualisation trajectory is laid out, applying design preconditions rooted in the criteria that were shaped in the preceding chapters. Furthermore, a novel flow analysis and modelling method is utilised with respect to secondary raw materials: the Activity-based Spatial Material Flow Analysis (AS-MFA). This stage revolves around materialisation and operational propositions for an innovative partitioning configuration of side-panel and insulation. The innovations are based on renewable material and reversible adhesive technologies. The following conclusions are derived from the research: Circularity in the built environment can only occur if flexibility is fully integrated in the whole building (component) value network, and conversely, flexibility in the built environment increasingly depends on the handling and management of materials designated for healthy, circular applications. – Infill parts, implemented in an Open Building context, enable multiple short to medium length cycles within the longer service lives of multi-family building structures, following changes in user requirements. As such, this model accommodates more sustainable product and material flows. However, decisive success factors are the attitude of and interplay between actors in the value network, not least the end-user. – Technical circularity potential of building products and materials resides at the intersection of intrinsic and relational characteristics. – The differentiation of building layers and parts, in combination with differentiated reutilisation routes, provides leverage for more advanced approaches to circular building strategies, anticipating multiple handling and treatment processes. – To bring circular building to scale in a socially engaged way, value models need to take account of actors’ shared incentives around flexibility and health, as well as split incentives around circularity. – Monitoring the operational performance is key for capitalising on the intrinsic health and circularity potential of building components during their service life. – Research and design exercises into circular building concepts and products benefit reciprocally from data and experience in adjacent disciplines, such as urban planning and waste management, whilst integrating multiple sub-systems associated with value creation in circular models. – Modifications associated with the innovative partition concepts occur above all in raw material sourcing, manufacturing, reutilisation logistics, and data-sharing, of which the latter should extend to the end-user. Next to partitioning, the findings can be relevant for other infill components as well, such as: kitchen cabinets, stairs, furniture, and the interior side-sheeting and insulation of walls and ceilings in energy-renovations. Follow-up research and practical efforts should be aimed at the development and testing of products, as well as value propositions regarding ownership: from regular transactions in which ownership shifts to the customer, to more innovative models in which ownership stays with the supplier or shifts to an intermediary actor (e.g. pay-per-use, buy-back or deposit model). Securing healthy circular material flows in the built environment cannot be the objective of one industry, let alone one organisation, but reshuffles whole value networks. This cannot be done without binding agreements and multi‑criteria learning loops. The first emphasises legal frameworks. This is therefore another prime area for future action. The aspect of multi-criteria learning loops, finally, relates to the need for more sophisticated data-exchange, also engaging endusers, which is nowadays rare in housing

Securing Healthy Circular Material Flows In The Built Environment:

Multi-family buildings usually have a fixed subdivision in units with standard layouts. However, households are all different and change over time, as so do their needs and desires. With this in mind, the Open Building concept, which originated in the 1960s, proposed two levels of intervention and decision-making: the (collective) ‘support’ and (individual) ‘infill’. Although the Open Building approach has been embraced conceptually, with a new wave of interest in the Netherlands in recent years, it is remarkably overlooked in the actual design and construction of housing. The current attention for Circular Building puts, once again, the spotlight on Open Building. This renewed attention is due to the shared benefits around flexibility, and as such Circular Building and Open Building are two sides of the same coin. However, there is a big difference between accommodating unforeseen use of space and accommodating foreseen circularity-conditions for material management. Moreover, thus far little attention has been paid to residential user perspectives or the operational processes of Circular Building product and material cycles. Securing healthy circular material flows in the built environment cannot be the objective of one industry, let alone one organisation, but reshuffles whole value networks. This doctoral research adopts multiple perspectives and cuts through different scales and disciplines to derive criteria for indoor partitioning, with an emphasis on user health and well-being, flexibility and circularity. Although focused on partitioning, the findings can be applied to other components, such as kitchen cabinets, furniture, stairs, or to the interior side-sheeting and insulation of walls and ceilings in energy renovations

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

Preparing for Effective Adoption and Use of Ebooks in Education

As ebooks become mainstream and the percentage of academic publications delivered as ebooks rises steadily, this report is a primer to help academic librarians, managers and members of faculty prepare for the increasing adoption and use of ebooks in education. Specifically, this report: 1) introduces the historical and present context of ebooks; 2) reviews the basics of ebook technologies; 3) considers scenarios for ebook adoption and usage; 4) addresses current challenges; and 5) considers the future. This report also provides a glossary and a ‘References’ section