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RE: [dvd-discuss] Discourse on DRMs - Responsibilities, Requirements, Ramblings
- To: "'dvd-discuss(at)cyber.law.harvard.edu'" <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: RE: [dvd-discuss] Discourse on DRMs - Responsibilities, Requirements, Ramblings
- From: Richard Hartman <hartman(at)onetouch.com>
- Date: Wed, 6 Feb 2002 08:58:29 -0800
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
> -----Original Message-----
> From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
> Assuming this isn't pay for view or a license, After exchaning
> consideration, I receive some work in digital format. It may
> be a CD or
> DVD or Tape or it may be that I am allowed to provide my own
> Now If I provide my own media, then whomever provides me with
> that work
> cannot claim that they are providing me with a physical copy
> but the right
> to own a copy. Should my copy become damaged or unusable,
> they have an
> obligation to provide me with a new copy-I am not purchasing
> a copy but
> the right to own a copy.
Well, now. Here's something that hasn't really been brought
up properly before that I recall. All of this DRM talk has
been focussed on the rights of the _publisher_. What about
the rights of the _consumer_ indeed!
Too bad we aren't likely to hear much about this from the
folks making the rules ...
> Now here's a real "monkey wrench" in the economics of DRMs.
> With ARM, as
> time goes on typically the value of the work diminishes and
> is depreciated
> because the media becomes physically worn (scratches, tears)
> and if the
> original work is still available <Ignore the collectors
> market for out of
> print works> these used works are worth less.
Although you did have the right to make backup copies, so this
can be put off somewhat by (for example) making tapes of your
albums and only listening to the tapes.
Similarly, for digital works you aquired on a media provided
by the publisher (e.g. CD, DVD) the same degredation of the
physical media can occur.
Due to these two factors, I would not really consider physical
wear & tear much in these arguments. It only really applies
to the case of the "bring your own media" sales, and there we've
already got your idea of the publisher being required to provide
replacement copies if the "original" becomes unreadable coming
> There appear to be no "digital rights" to manage.
DRMs have never actually managed rights, otherwise there would
be no kicking about backup copies & fair use. What they have
managed is _access_, which the publisher really does not have
the right to manage post-sale.
-Richard M. Hartman
186,000 mi./sec ... not just a good idea, it's the LAW!