Technical means of copyright protection

Though DRM are urged to prevent only illegal copying of works, as a rule, they interfere with any copying, including fair (fair use)  — for that simple reason that it is impossible to distinguish automatically technical means "legal" copying from "illegal" (besides laws on this subject strongly differ in the different countries and continually change). Such excessive restriction of opportunities of the user sparks criticism of DRM from human rights activists.

Usually DRM accompany the protected works (files, disks, programs covers for viewing), is more rare  — are built in means of reproduction (for example, pocket digital players).

At a present stage of development of DRM in itself is not able to limit unauthorized use of works effectively. It is caused first of all by the fact that the play devices (personal computers, videorecorders, DVD players) used nowadays are rather universal and are under control of users. In such conditions to permit reproduction (viewing) and at the same time to prohibit copying represents essentially unsolvable task: reproduction  — a read and write on the output device, copying  — a read and write on the storage device; i.e., if reproduction is possible, also copying is possible. Effective technical protection against copying at the permitted reproduction can be reached only when all device (the computer, the player) is entirely under control of the owner.

As DRM are ineffective in itself, for them legal protection is set. Legislators of many countries, moving towards desire of the largest owners, imposed liability for a bypass (overcoming, shutdown, removal) of DRM. For example, in Russia the IV part of the Civil Code of the Russian Federation (which became effective 1/1/2008) provides protection of TSZAP.

Article 1299. Technical means of copyright protection
1. Any technologies, engineering devices or their components controlling access to the work, preventing or limiting implementation of actions which are not resolved by the author or other owner concerning the work are recognized as technical means of copyright protection.

2. Concerning works it is not allowed:
   1) implementation without the permission of the author or other owner of the actions directed to eliminating the restrictions of use of the work set by use of technical means of copyright protection;
   2) production, distribution, delivery in rolling, providing in temporary free use, import, advertizing of any technology, any engineering device or their components, use of such technical means for the purpose of profit earning or rendering the corresponding services if as a result of such actions there is impossible use of technical means of copyright protection or these technical means will not be able to provide proper protection of the specified rights.

3. In case of violation of provisions, stipulated in Item 2 these articles, the author or other owner have the right to demand at the choice from the violator of indemnification or payment of compensation according to Article 1301 of this Code, except cases when this Code use of the work without the consent of the author or other owner is authorized.

For the specified violations responsibility is provided civil (Article 1301 of the Civil Code of the Russian Federation) and administrative (Article 7.12 of the Code of the Russian Federation on Administrative Offences).

Shortcomings

The main lack of the concept of DRM is the inconvenience of use. The additional restrictions imposed first of all on fair consumers of audiovisual products (for example, carriers of phonograms) or the devices performing record or reproduction of information and supporting technologies of copyright protection are, according to experts, serious defect. There are whole social movements which propagandize failure from use of TSZAP technologies and set as the purpose warning of consumers, unaware of such shortcomings, from acquisition of similar products. The principles of DRM and their many implementations directly contradict the legislation of some countries.

Restriction for creation of digital copies in some models of portable video cameras or household videos players can be an example of unsuccessful solutions. Having written the camera a memorable event from private life, the consumer cannot make the qualitative copy of record for the relatives. Proprietary standards, protocols and file formats are not supported by other equipment manufacturers and often used for unfair competition and exclusive capture of sales markets.

Some of the most effective TSZAP require for use of the protected copy of work permanent network connection with the controlling system. When support of a system by the controlling person stops, the protected copies become useless. Some companies before shutdown offer clients compensation or copies in the unprotected format.

Links

• DefectiveByDesign.org|The Campaign to Eliminate DRM
• DRM.info|Digital Restrictions Management
• Law "About Copyright and the Neighboring Rights"
• Act of the Russian Federation of 7/9/1993 No. 5351-I "About copyright and neighboring rights"
• Decree of the Russian President of October 7, 1993. "About state policy in the field of protection of copyright and the neighboring rights"
• DRM or digital rights management
• News on a subject: DRM - SecurityLab
• Defenseless music wins — the International business — the Expert of Online 2.0
• Public flogging of DRM - Kompyyuterra-Online - Future DRM
• iPod – not for Linux or As well as why Apple fights against OpenSource" Apple 2.0
• Discussions with a tag of DRM are Habrahabr
• Trends. "Your rights". Mobile music. DRM: Universal Music will do without protection