Digital Rights (Mis)Management!

A lot of hype and hooplas have been created around the Copyright (Amendment) Bill, 2012, which has been passed by the Lok Sabha a few days ago — especially around the provision for artists which entitles them with lifelong royalty from the commercial use of their work. However, one of the major amendments in the copyright law was the introduction of Digital Rights Management (DRM), which can leave imprints on the daily life of an average Indian, have sneaked past the radar without much discussion and debate.

DRM is more like a software code to protect copyrighted material from piracy by preventing unauthorised and bulk digital dissemination. Although, the effectiveness of DRM in reducing piracy is questionable, the use of DRM has become widespread in the developed world especially in US, thanks to Digital Millennium Copyright Act (DMCA). Nowadays, software, eBooks and even music albums come equipped with inbuilt DRM programmes that tie them to a limited number of users or devices. Similarly, DRM technology in modern DVD players, known as Content Scramble System (CSS), prevents users from copying the content.

Interestingly, the benefit of implementing DRM is outweighed by the problems it creates. Even if it manages to protect the owner against illegal dissemination, it does so at the cost of compromising the legitimate rights of consumers. Take for an instance, eBooks or mp3 files associated with DRM will only be accessible to a single user and the user won’t be able to lend it to anybody or resale it in future. Moreover, the eBooks purchased with DRM cannot be used across multiple platforms. If a user has purchased an eBook for Kindle, he will have to repurchase the same to view it on his iPhone, or laptop or any other medium used for reading. Similarly, copying DVD for private use comes under fair-use but DRM associated DVD players deter users from doing so. Although, Indian amendment has a special provision which directs consumers to contact the manufacturer for breaking the DRM code in case of legal uses but the terms are not clear and there are no alternatives if the means to break the code are not provided with.

Additionally, DRM-enabled hardware can be controlled by the manufacturer and it can provide reports on its user activities. Thus, it breaches privacy provisions in many jurisdictions. The case of Kindle is a case in point here. On July 17, 2009, users who bought the book ‘Animal Farm’ or ‘Nineteen Eighty-Four’ found that Amazon had deleted the copies of the book from the consumer’s Kindle without even informing the consumer beforehand. Use of DRM can also be against competition laws and can lead to misuse of Intellectual Property rights. For example, Lexmark Inc. equipped its printer refill cartridges with a DRM code that restricted the use of other generic refill cartridges and the printer only recognised Lexmark cartridges. It took years for the US court to rule on the Lexmark’s IPR misuse. One can only imagine the amount of time and energy that would be wasted if such misuse happens in India.

Moreover, the use of DRM stifles innovation and discourages the development of open source software. Furthermore, there is no exhaustive examination of the nexus between DRM and IPR misuse and above all its effect on the public domain. Digital copyrights and DRM measures are addressed by the World Intellectual Property Organisation (WIPO)’s treaties of which India is not a signatory. Thus, the urgency in introducing DRM is not only perplexing but also disappointing, to say the least.