Digital Rights ManagementAnnouncementsPresentation Schedule (In order)Today’s GoalsBasis for U.S. Copyright LawOrigins of CopyrightBalance Two Competing GoalsU.S. Copyright LawWho Can Claim CopyrightHow to Claim CopyrightCopyright Does Not Protect:PatentsIP Dilemma of SoftwareFair UseTwo PerspectivesExamples of Fair UseTechnology-enabled InfringementDigital Rights ManagementProtection TechnologyDigital Millennium Copyright ActResearch ParadoxMacroVision (1985-)Apple’s FairPlay TechnologyHow FairPlay WorksDiscussionDigital Rights ManagementBrian P. BaileySpring 2006Announcements•Bin Yu speaking this coming Friday•Send me HW4, evaluation results, and presentation plans via email–otherwise drop off to Anda Ohlsson (3120)Presentation Schedule (In order)•April 28–Victor and Daniel–David and Matt •May 1–Chris and Jay–Sid and Anshul–Michael and Sangjoon•15-20 minutes to present your projectToday’s Goals •Basics of copyright and patent (IP) law–application of IP law to software•DRM must balance prevention of copyright infringement with allowing for fair use•Examine two existing DRM systems–MacroVision for VHS tapes–Apple’s FairPlay technology for ITunesBasis for U.S. Copyright LawU.S. Constitution (A1, S8, C8) states:"Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries”Origins of Copyright•Trace to introduction of printing press in England in late 15th century–control (censor) publication of books–maintain registry of legal books•1710, passed law to protect authors’ works –prevent another person from re-producing a book and putting their name on itBalance Two Competing Goals•Protect works of an author long enough so the author can obtain financial reward•Allow access to promote public discourse and progress of science and useful artsU.S. Copyright Law•Gives exclusive rights for limited time–reproduce the work, derive new works, distribute copies, perform or display it publicly–set at life of author plus 70 years•Applies to “original works of authorship” fixed in tangible medium of expression–literary, dramatic, artistic, musical, pictorial, architectural, etc. worksWho Can Claim Copyright•Almost anyone, but many special cases–e.g., work was produced in a foreign country, or non-citizen produces work in the U.S.•Applies as soon as original work is fixed–no formal registration is required–employer almost always owns copyrights•Ownership does not imply copyrightHow to Claim Copyright•Act of publication with notice of copyright–e.g., “© 2006 Name of Owner”–give reasonable notice of claim of copyright•Act of registration of unpublished works–establishes date of authorship (thus also recommended for published works)–register with U.S. Copyright OfficeCopyright Does Not Protect:•Works not fixed in a tangible form•Ideas, procedures, methods, processes, systems, principles, discoveries, etc.•Work composed solely of common property with no transformative valuePatents•Gives patent holder exclusive rights to a disclosed invention for a limited time–time is currently set at 20 years•Inventions–can be products, methods, processes, apparatus, etc.–cannot be obvious to a person of ordinary skill in the respective domainIP Dilemma of Software•Copyright argument–programming is a form of artistic expression–no two algorithms programmed the same way•Patent argument–applications represent software products–software implements processes or methodsFair Use•Legal use of copyrighted works for education, research, reporting, etc.–must provide transformative value•Determined by four factors–purpose and character of the use–nature of the copyrighted work–amount of the copyrighted work used–effect on market value of copyrighted workTwo Perspectives•Affirmative perspective–allows copying in specific circumstances•Defensive perspective–defend copyright infringementExamples of Fair Use•Citing short passages of a book for a term paper•Making a backup copy of a CD for personal use•Song parodiesTechnology-enabled Infringement•Unprecedented speed and reach–beyond what has been previously possible•Technology enables the circumvention of the concept of copyright protection•Combat with DRM and punitive legislationDigital Rights Management •Mission: protect rights of digital media producers while enabling access for fair use–grant exclusive rights in exchange for disclosure•Reality: DRM is just protection technology, and is fast eroding our rights of fair use–may never be able to reuse parts of any digital content (documents, film, images, audio, etc.)–hinders progress of science and the useful artsProtection Technology•Any technology designed to prohibit access to a copyrighted work–e.g., algorithms for content encryption•Protects rights of the author, but–prohibits fair use–prohibits public access–never expiresDigital Millennium Copyright Act•Illegal to develop or distribute any mechanism to circumvent protections–e.g., demonstrating weaknesses in encryption algorithms or posting algorithm to a website•Education and research on DRM may become dormant for fear of lawsuits–allowed only via exceptions to the DMCAResearch Paradox•Develop more sophisticated methods to encrypt digital media content•Erodes our rights to use digital mediaMacroVision (1985-)•Copy protection technique for VHS tapes•Inserts special signals into the vertical blanking interval of NTSC protocol–affects automatic gain control in most VCRs, but is ignored by most televisions–difficult to remove from the original signal •Makes subsequent recordings shake and have periods of bright and dark framesApple’s FairPlay Technology•DRM for iTunes–playing, recording, and sharing of files•Moves beyond “protection only”–allows media to be shared among devices–allows others to listen to (but not copy) music–allows music to be burned to an audio CD, which loses the DRM protectionHow FairPlay Works•iTunes uses encrypted MP4 audio files•Acquire decryption key by trying to play song –player generates a unique ID –sends this ID to the iTunes server–if there are fewer than N authorizations in your account, the server responds with decryption key•The decryption key itself is encrypted so
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