To embrace digital rights management
is to make a deal with the devil.
Faust made his deal with the devil. In return for
the devil’s service and knowledge, Faust agreed to surrender his
body and soul after 24 years’ time. By the time Faust realized the
folly of his decision, it was too late
Today we are being asked to make a
similar bargain—not with the devil, but with the entertainment
industry. The promise is a future in which we’ll download music and
movies over the Internet at rock-bottom prices. It’s a future where
digital content—books, magazines, newspapers, and databases—will be
at our fingertips. It’s a future where software and information will
be rented, and people will pay only for what they use. And it’s a
future in which computers will be inherently secure because they
will be unable to run viruses and other hostile programs. It is, in
short, a high tech paradise.
But it is a trap.
Every bargain has its price. In this case, the price is “digital
rights management”—an industrywide project that has been under way
for more than a decade and is likely to accelerate within the coming
year. Digital rights management starts with a system for marking the
“rights” that consumers are granted when they pay for digital media.
For instance, an electronic label might say, “This music may be
played on your computer but not shared with a friend.” Or, “This
magazine article may be viewed twice and printed once, and then it
must be deleted.” But the flip side of the so-called rights is
another r-word: restrictions. Rights management systems will make
possible software that will watch your computer and make sure you
don’t break the rules.
One of the great things about computers has been that you can
throw away any software that comes with them and install something
you like better. Digital rights management software shreds that
freedom. Underneath this software is new hardware that will prevent
computer users from removing the “rights management system” and
installing their own systems that do not respect digital
restrictions. That hardware, in turn, relies on the force of
legislation. The 1998 Digital Millennium Copyright Act, in
particular, makes it a crime to circumvent digital rights management
software—or even to distribute information that tells other people
how to do so. And proposed legislation, the Consumer Broadband and
Digital Television Promotion Act, would require all computers sold
in the United States to incorporate federally approved rights
management technology. Similar legislation is working its way
through Europe.
Essentially, consumers will be giving up their right to control
their own computers. Citing the widespread piracy of software,
music, and videos, the entertainment industry argues that consumers
have abused that right. But managing consumers as children will have
the side effect of smothering much of the innovation that made the
Internet possible. Digital rights management could quash the
computer revolution as we know it, transforming our machines from
tools for creation and exploration into appliances that run
Microsoft Office, play MP3s, browse the Web, and do little
else.
Don’t get me wrong. I make my living by creating
and selling intellectual property, and I’m sometimes a victim of
unauthorized copying. A few years ago one of my publishers started
selling my books on CD-ROM. Although each disc is licensed only for
personal use, at least once a month I discover that someone in
Eastern Europe or Russia has taken that whole disc and put it on the
Internet. Usually it’s a university or a library that is engaging in
such wholesale piracy. But I would rather live with the piracy than
have a computer that runs only the software that has been
preapproved and digitally signed. I don’t want to have my electronic
movements constantly monitored and reported to some Big Brother
database on the off-chance that I might be violating
somebody’s copyright.
This isn’t the first time publishers have tried to impose
unreasonable restrictions on the public. On the inside cover of one
of my wife’s childhood books, published in England, this ominous
warning appears: “This book shall not, by way of trade or otherwise,
be lent, re-sold, hired out or otherwise circulated without the
publisher’s prior consent.” Books don’t have such restrictions
anymore—if they did, we would laugh at them. A hundred years ago,
U.S. publishers put similar restrictions in our books; they were
deemed by our courts to be unenforceable violations of “fair use.”
But digital rights management tools will enable publishers to turn
back the clock and write the same kinds of restrictions directly
into their software. Digital rights management is already at work.
Incompatible coding means that DVDs sold in the United States won’t
play on European DVD players. This is to prevent Europeans from
buying cheap DVDs in the United States.
Perhaps even more disturbing, the new protection technologies
would necessarily have to block a computer from running Linux or any
other open-source operating systems. Otherwise, anyone bent on
unauthorized copying could create a version of Linux that didn’t
incorporate the copyright protection system.
The industry’s antipiracy arguments are a smoke screen. Digital
rights management is about strengthening monopolies, increasing
revenues, and restricting our freedoms. We must not be beguiled as
Faust was.