Software Protection
DRM & Law
MVV59K Software Law
Mgr. Matěj Myška
DRM & Law
2 Mgr. Matěj Myška
• Institute of Law and Technology
• Assistant
• Office hours:
Mon 10:00 – 11:30 a.m.Mon 10:00 – 11:30 a.m.
• Contact:
– Room no. s61,
– Tel. 54949 4751
• matej.myska@law.muni.cz
MVV59K Software Law, Fall 2010
3 Outline
• DRM?
• Why DRM?
• Technology used
• Another layer of protection > Law• Another layer of protection > Law
• DRM – defective by design?
MVV59K Software Law, Fall 2010
4 Why DRM?
Dematerialization
+
Distributed communication
==
Disintermediation
MVV59K Software Law, Fall 2010
5 Protection
“Strategies”
• Lobbying
• Litigation
• Education
• Self-Help = DRM• Self-Help = DRM
– “the answer to the machine is in the
machine”
MVV59K Software Law, Fall 2010
6 DRM = TPM + RMI
• TPM – technological protection
measures
• RMI – rights managements information
• DRM – digital rights management• DRM – digital rights management
MVV59K Software Law, Fall 2010
7 Tech used
• Access X Copy Control
• Online X Offline
• Examples:
– Manual Checking– Manual Checking
– Dongles
– Access Keys
– Online Activation
– Hardware Locking
– Trusted Computing
MVV59K Software Law, Fall 2010
8 YE OLDE TIMES!
MVV59K Software Law, Fall 2010
9
MVV59K Software Law, Fall 2010
10 Tech used
• Access X Copy Control
• Online X Offline
• Examples:
– Manual Checking– Manual Checking
– Dongles
– Access Keys
– Online Activation
– Hardware Locking
– Trusted Computing
MVV59K Software Law, Fall 2010
11 Thee Hackerz
MVV59K Software Law, Fall 2010
12 Legal Protection
• Another Layer of Protection
IP LAW
DRM
MVV59K Software Law, Fall 2010
DRM
AC LAW
- Circumvention
- Preparatory activities
13 1996 > WIPO
• WIPO Copyright Treaty (WCT)
– Art. 11, 12
• WIPO Performances and Phonograms
Treaty (WPPT)
– Art. 18, 19
• Protection of TPM
• RMI protection
MVV59K Software Law, Fall 2010
14 Art. 11 WIPO
• „Contracting Parties shall provide
adequate legal protection and
effective legal remedies against the
circumvention of
– effective technological measures that are– effective technological measures that are
used by authors in connection with the
– exercise of their rights under this
Treaty or the Berne Convention and that
– restrict acts, in respect of their works,
which are not authorized by the authors
concerned or permitted by law.“
MVV59K Software Law, Fall 2010
15 1998 > USA
• Digital Millennium Copyright Act
– § 1201 – Circumvention of copyright
protection systems
– § 1202 – Integrity of copyright
management informationmanagement information
MVV59K Software Law, Fall 2010
16 2001/29/EC
• Directive 2001/29/EC on the
harmonisation of certain aspects of
copyright and related rights in the
information society
• Effective TPM protection• Effective TPM protection
– Art. 6(1) – Acts of circumvention
– Art. 6(2) – Dealings in circumvention
devices
– Art. 6(3) – Definition - effective
– Art. 6(4) – © exemptions measures
• Art. 7 Protection for RMI
MVV59K Software Law, Fall 2010
17 2001/29/EC
• 1. Member States shall provide
adequate legal protection against
the circumvention of any effective
technological measures, which the
person concerned carries out in theperson concerned carries out in the
knowledge, or with reasonable
grounds to know, that he or she is
pursuing that objective.
MVV59K Software Law, Fall 2010
18 2001/29/EC
• 2. Member States shall provide adequate
legal protection against the manufacture,
import, distribution, sale, rental,
advertisement for sale or rental, or
possession for commercial purposes of
devices, products or components or the
provision of services which:provision of services which:
– (a) are promoted, advertised or marketed for the
purpose of circumvention of, or
– (b) have only a limited commercially significant
purpose or use other than to circumvent, or
– (c) are primarily designed, produced, adapted or
performed for the purpose of enabling or
facilitating the circumvention of,
any effective technological measures.
MVV59K Software Law, Fall 2010
19 2001/29/EC
• 3. For the purposes of this Directive, the
expression "technological measures" means any
technology, device or component that, in the normal
course of its operation, is designed to prevent or
restrict acts, in respect of works or other subjectmatter,
which are not authorised by the rightholder
of any copyright or any right related to copyright
as provided for by law or the sui generis rightas provided for by law or the sui generis right
(96/9/EC).
• Technological measures shall be deemed "effective"
where the use of a protected work or other subjectmatter
is controlled by the rightholders through
application of an access control or protection
process, such as encryption, scrambling or other
transformation of the work or other subject-matter
or a copy control mechanism, which achieves the
protection objective.
MVV59K Software Law, Fall 2010
20 HOWEVER 2001/29/EC
• Such a harmonised legal protection does not
affect the specific provisions on protection
provided for by Directive 91/250/EEC. In
particular, it should not apply to the
protection of technological measures used in
connection with computer programs, which is
exclusively addressed in that Directive. It
should neither inhibit nor prevent the
exclusively addressed in that Directive. It
should neither inhibit nor prevent the
development or use of any means of circumventing
a technological measure that is necessary to
enable acts to be undertaken in accordance with
the terms of Article 5(3) or Article 6 of
Directive 91/250/EEC. Articles 5 and 6 of that
Directive exclusively determine exceptions to
the exclusive rights applicable to computer
programs. = STUDYING+DECOMPILATION
MVV59K Software Law, Fall 2010
21 2009/24/EC
• Member States shall provide for
appropriate remedies against a
person committing any of the
following acts:
– (c) any act of putting into circulation,– (c) any act of putting into circulation,
or the possession for commercial purposes
of, any means the sole intended purpose
of which is to facilitate the
unauthorised removal or circumvention of
any technical device which may have been
applied to protect a computer program.
MVV59K Software Law, Fall 2010
22 EPIC FAIL
• Fair use/private copy
• Privacy
• Lock-In
• Interoperability• Interoperability
• Disinformation of end users
MVV59K Software Law, Fall 2010
23 DRM Today
Content/Medium DRM Status Tools
HD DVD AACS Hacked AnyDVD HD
Blu-ray Disc AACS Hacked BackupBluRay
iTunes Music FairPlay Hacked JHymn
PlaysForSure Windows Media Hacked FairUse4WM 1.3PlaysForSure Windows Media
DRM
Hacked FairUse4WM 1.3
TiVo .tivo files Hacked TiVoDecode Manager
DVD movies CSS Hacked AnyDVD
CD unprotected X ;)
MS Vista
“Premium content”
Protected
Media Path
DRM
Compromised Not yet
23
http://poderigiacomo.netsons.org/blog/wp-content/uploads/drmstatus.png
24 Conclusion
• Nice idea that did not work
• Cat-and-mouse game
• Copyright Overriding /
Technoparacopyright?Technoparacopyright?
• Legal protection from DRM?
• Software DRM protection as Software
24
Thank you for your attention!
matej.myska@law.muni.cz