Rights Management is Wrong For the Net So

Rights Management is Wrong For the Net, So Far Mark S. Manasse Compaq Systems Research Center Palo Alto

We’re All Dedicated Professionals Here § Innovative technical solutions to hard problems § Recognition of many broader issues § Despite my heresies, I agree with almost all of what almost all of you have said § Well-considered approaches to satisfy the demands of your clients § But ….

Your Client (well, Hollywood) is Wrong (for so many reasons) § History § Technology § Users of content § Collectors § Archivists § Future § I’m talking about mass-market static content

A Call to Arms § Let’s remind ourselves why our major clients are concerned--they should be § Let’s work on things which help in the long run § Let’s work on our customers to accept reality § Let’s offer solutions which preserve economic roles, but not failing business models § Let’s find stable paths from where we are, not from where we were

Unencumbered Copies of Content Are Going to Exist § You know all this, but everyone likes to pretend § Copy protection has never worked – Either it gets broken, or it kills the technology – Supporting backup and recovery is too expensive § Watermarking is damage – Files have added noise to encode watermark § Content is made noisier and less compressible – Capture and reencoding avoids restrictive players – Scrubbing is historically easy, despite denials § Rights management is one-sided – Preserves copyright-holders interest – Destroys first-sale expectations of users

Peer-to-peer Sharing Today Is § Economically sensible – Uses “free” resources § Floor space, disk space, and processor are free § Network is currently billed at flat-rate – Distributes contents (potentially) from nearby § Hard to kill when built as open software – Legal action doesn’t work – Exploiting bad protocols does § Spammable (for now) – It’s easy to create files with bad content (but same length as true file), so validating content is useful § A tool, not an enemy; Akamai for free

Preserving the Expectations of Users § Fair or conforming use is best decided by users and the courts, not software § Users are audience members; fans, not thieves § People like to build durable collections § Archiving and lending libraries are expectations § Rights expression and awareness are good § Rights enforcement is not – Prohibiting reasonable actions encourages circumvention – Today’s rights many not fit tomorrow’s notions

Towards Rights Encouragement § If rights are easily obtainable, there’s nothing wrong with nagging about apparent violations § But only if remedies are suggested § And only if one remedy is “I think this is OK, because…. ”

Licensing for collectors § Expression of rights is important, enforcement isn’t § Content will be freely distributed (like it or not) – Attached license describes rights – Attached URL tells you how to buy more § License includes signature and notarization – Public-key history, but not revocation § License includes licensee identifier (or nym) – For compliance checking – For pyramid-scheme sublicensing (superdistribution) § Digital notarization allows license secondary market

Rewarding the Distribution Chain § Revenue from licenses should be shared with the licensee from whom content was retrieved § Allows commercial content distribution, when economical (so Tower Records starts a really big Napster server) § Encourages licensing by the public

Finishing Touches § Licenses become the collectible item – Markets exist for used books, records, Pokemon cards, comic books, etc. – Serial numbers and limited editions, coupled with date of notarization to create scarcity § Blended schemes involving subscriptions and sponsorship are possible – Syndicator can offer bundled package of licenses – Like cell-phone contracts § Licenses may be permanent, but may also have limited duration or rights (e. g. , for lower price)

Sticks and Carrots § For users – Fans want to support artists – Players nag users to take positive steps to do the right thing – Legal pursuit of some to show that there are teeth – Tie extras to licensing § Advance notice of concerts, new works, chat rooms, etc. – Collectibility § For content providers – It’s easy to try § Add URIs to existing slots in MP 3 files and others § Add easy payment and compliance to players § Release content massively – It doesn’t make things worse – It converts threats into channels – It might work