March 30, 2006

Fair Use and DRM

A couple of years ago I discussed Lessig's assertion that it is impossible to build DRM technology that adequately protects fair use.

I did not and do not see any reason why that should be impossible. If it was, the European approach in Article 6 paragraph 4 of the 2001 Directive would be doomed to failure. That paragraph requires rightholders to enable users to benefit from exceptions and limitations.

Now Lessig comments on an initiative by Sun to build DRM that enables fair use. The concept seems to be giving users the power to override the DRM while reporting this to the rightholder, who can object if he thinks the override is an abuse.

That might be an effective approach. If so, my theory that DRM can be built without taking away all fair use rights would be confirmed by a real world practical example.

Posted by Karl-Friedrich Lenz at March 30, 2006 12:39 PM