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Monday, December 19, 2005

Is drm good for you

Conveniently in the wake of the introduction of the Analog Hole bill, Ed Felten has a nice clear comparison with copyright.

"Copyright can be understood as an agreement among all of us that we will not infringe. Even though each of us individually would prefer to use works without paying, we understand that if we all refrain from infringing this increases incentives for authors, leading to the creation of more works we can enjoy. By making and keeping this copyright deal with each other, we come out ahead. (That’s the theory anyway. We all know what happens when the lobbyists show up, but work with me here, okay?)

One of the practical problems with this kind of deal is that each individual can gain by defecting from the deal — in the case of copyright, by infringing at will. If enough people defect, the deal could collapse. This danger is especially acute when it’s technologically easy to defect. Some people argue that this is happening to the copyright deal...

here might be a similar deal in which we all agree to accept some kind of DRM in order to boost incentives for authors and thereby cause the creation of more works than would otherwise exist...

First, it turns out to be easy technologically to defect from the CD-DRM deal. Experience with the copyright deal teaches us that when it’s easy to defect, many people will, whether we like it or not.

Second, the costs of the CD-DRM deal seem much clearer than the benefits...

The best argument against the CD-DRM deal, though, is that it is inferior to the copyright deal. If we’re going to make and keep a deal of this general type, the copyright deal is the one to pick. Compared to the copyright deal, the CD-DRM deal is a loser: costs are higher, benefits are the same at best, and the deal is just as easy to defect from. If we can’t keep the copyright deal, then we won’t be able to keep the CD-DRM deal either. But more to the point, we shouldn’t make the CD-DRM deal in the first place...

Now I’m not arguing here that the current copyright deal is perfect or even close to perfect. The copyright deal is under stress and we need to keep thinking about how we might improve it or how we might renegotiate it to work better in the digital world. I’m not certain what the best deal would look like, but I’m pretty sure that it won’t try to lock in any kind of DRM."

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