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 relationship between copyright and contract law

Contracts lie at the heart of the regulatory system governing the creation and dissemination of cultural products in two respects: (1) The exclusive rights provided by copyright law only turn into financial reward, and thus incentives to creators, through a contract with a third party to exploit protected material. (2) From a user perspective purchases of protected material may take the form of a licensing contract, governing behaviour after the initial transaction. Thus, a review of the relationship between copyright and contract law has to address both supply- and demand-side issues. On the supply side, policy concerns include whether copyright law delivers the often stated aim of securing the financial independence of creators. Particularly acute are the complaints by both creators and producers that they fail to benefit from the exponential increase in the availability of copyright materials on the Internet. On the demand side, the issue of copyright exceptions and their policy justification has become central to a number of reviews and consultations dealing with digital content. Are exceptions based on user needs or market failure? Do exceptions require financial compensation? Can exceptions be contracted out by licence agreements? This report (i) reviews economic theory of contracts, value chains and transaction costs, (ii) identifies a comprehensive range of regulatory options relating to creator and user contracts, using an international comparative approach, (iii) surveys the empirical evidence on the effects of regulatory intervention, and (iv) where no evidence is available, extrapolates predicted effects from theory

Determinants in the on-line distribution of digital content: an exploratory analysis

This article shows the phases – and discusses the results – of an empirical analysis addressing the legal business models that are adopted online to distribute digital content

The control over personal data: True remedy or fairy tale ?

This research report undertakes an interdisciplinary review of the concept of "control" (i.e. the idea that people should have greater "control" over their data), proposing an analysis of this con-cept in the field of law and computer science. Despite the omnipresence of the notion of control in the EU policy documents, scholarly literature and in the press, the very meaning of this concept remains surprisingly vague and under-studied in the face of contemporary socio-technical environments and practices. Beyond the current fashionable rhetoric of empowerment of the data subject, this report attempts to reorient the scholarly debates towards a more comprehensive and refined understanding of the concept of control by questioning its legal and technical implications on data subject\^as agency

Human Aspects in Digital Rights Management: the Perspective of Content Developers.

Legal norms and social behaviours are some of the human aspects surrounding the effectiveness and future of DRM security. Further exploration of these aspects would help unravel the complexities of the interaction between rights protection security and law. Most importantly, understanding the perspectives behind the circumvention of content security may have a significant impact on DRM effectiveness and acceptance at the same time. While there has been valuable research on consumer acceptability, (The INDICARE project, Bohle 2008, Akester 2009) there is hardly any work on the human perspective of content creators. Taking video games as a case study, this paper employs qualitative socio-legal analysis and an interdisciplinary approach to explore this particular aspect of content protection

SAMUDRA Report No. 57, November 2010

Mackerel mayhem: On the ongoing dispute in northern Europe over the boom in mackerel stocks. Small and mighty: The Banjul civil society declaration on sustainable livelihoods in African fisheries. Building partnerships: The case of Red Sea fisheries management shows how fishers’ rights can be strengthened. The write stuff: The website of Comité Local des Pêches Le Guilvinec celebrates its second anniversary. Frankenfish salmon: The United States is close to approving genetically engineered salmon. Trawl brawl: Indian and Sri Lankan fishermen have worked to co-exist in the Palk Bay. Tsunami recovery: On the traditional tenure system of the fishing community of Juan Fernández. New goals from Nagoya: The Nagoya meeting of the Convention on Biological Diversity made some progress. Beyond Bangkok: The civil society workshop in Costa Rica focused on small-scale fishers in Latin America. Securing small-scale fisheries. Recommendations adopted at the San José FAO workshop dealt with small-scale fisheries. (PDF contains 56 pages