An EU body is negotiating the requirements for a pan-European DRM system. The requirements are really restrictive, and explicitly set out to eliminate both Creative Commons licensed works and free/open source software-based media players. I've written and submitted a critique of the proposal:
Given the total failure of DRM to date to enrich creators or prevent unauthorised Internet distribution of works, it is a pity that NAVSHP started with the premise that the world needs more DRM, rather than exploring whether that is indeed the best way to foster the development of the home audiovisual market.
A more reasonable and balanced approach would be to start by asking, "How can we enrich creators and encourage creation?" and "If DRM vendors claim to be able to enrich creators and prevent unauthorised Internet distribution, what evidence can they offer in support of these claims?"
The EU — and the world — is experiencing a revolution in creativity thanks to the Internet. An entire generation of remixers, talented amateurs, and Creative Commons enthusiasts have created over fifty million works that do not require DRM to thrive. A useful work product from NAVSHP would be a set of technology standards recommendations for systems that embrace unrestricted copying, in support of these new, Internet-native business-models. These European creators deserve every bit as much attention from the EU as do American film studios and other incumbents.
It is the author's opinion that NAVSHP should begin a fresh inquiry to look at the broader question of how DRM technologies impact the marketplace for home audiovisual technologies. This inquiry should be based on the wide range of available empirical data at hand and focus on the following issues:
* Has DRM technology been successful at preventing the unauthorized Internet distribution of material, or have overly broad use-restrictions provided otherwise law-abiding consumers with incentives to find unrestricted material on peer to peer networks?
* What technological systems can enrich creators?
* What technological systems can encourage the creation of new works and new business models?
* What technological needs do "copy-friendly" creators have, and how could standardisation aid them?
