Why DRM Sucks
Why DRM Sucks: is the DRM glass half full, or half empty?
The Experience is Unsatisfying
Even the best DRM technology takes away some capabilities from the consumer; it is a business issue, not a technology one, to give consumers something in exchange.
The Requirements for DRM are Contradictory
To name just one of the contradictions:
A must-have capability for consumers is "fair use:"
i.e. the legitimate copying of content under certain circumstances, such as making a copy of a CD you own to listen to in the car.
A must-have capability for content owners is piracy prevention
i.e. preventing any copying beyond "fair use."
But the difference between fair use and piracy is one of HUMAN INTENT, which no foreseeable technology can divine. So, since content owners cannot technologically restrict copying to "fair use", there is a strong temptation to PREVENT COPYING ALTOGETHER.
Consumers hate this and are showing considerable resistance to systems of this type.
And there are still more requirements that a reasonable person might add:
That a DRM system be lightweight and user friendly.
That it offer new benefits as well as new restrictions.
That it be quickly deployable on mass-market legacy platforms such as PCs, preferably without distributing hardware.
That it support multiple platforms and DRM vendors, and content migration between them.
That it provide "uncrackable" security.
That it support multiple content types such as audio, video, text, and software.
That it support multi-tier distribution, peer-to-peer distribution, superdistribution etc.
If success for DRM is defined as having one system which meets most or all of these requirements simultaneously, then DRM will fail.
DRM Is Philosophically Wrong
Some people argue that there is inherently NO SUCH THING AS GOOD DRM. It goes beyond the unfortunate fact that many existing DRM systems are implemented poorly. In this view, DRM is evil at worst and futile at best.
Some proponents of this view are simply anti-business and don't care if anyone makes money. More moderate advocates claim that, with creative business rules, you can still make money without DRM. People are, on the whole, inherently honest: they will pay for quality content even if they don't have to. Systems which embody this line of thought include The Street Performer Protocol, Tipster, the The Gift Economy and Fairtunes.
Such honor based initiatives are a resounding flop. The issue is not so much dishonesty as inconvenience.
In such systems, acquiring usable content, and acquiring legitimate rights to it (or even making a "feel-good" contribution to the artist) ARE TWO UNRELATED PROCESSES. It may cross someone's mind to pay the creator of a favorite MP3 file. But will people go to considerable effort, personally, to find out how, and follow-up with action ? Probably not. It's just not convenient.
If it does nothing else, a good DRM system addresses this issue by making it ONE PROCESS to acquire both USABLE CONTENT and THE ASSOCIATED RIGHTS.
DRM Kills "Fair Use"
As described in impossible requirements, technology which controls access to content is inherently incapable of exactly matching the current legal concepts of "fair use."
There is no direct way around this problem. Eventually, the definition of fair use will have to evolve to something technologically verifiable e.g. "n" permissible copies in "m" formats on "x" devices. Unfortunately, technology which behaves as above is hard to build and easy to crack, and in the meantime, content owners are trying to simply prevent copying altogether. Consumers owe it to themselves to fight this trend.
DRM Is Futile, Because It Will Always Be Cracked
This line of reasoning starts and ends with the assumption that a "crack" will likely be produced for any given content-protection scheme.
After all, if a crack exists, and the Internet makes it available to everyone, then everyone will use it, and nobody will legitimately buy content, right? An example of this school of thought, by the respected cryptographer Bruce Schneier, can be found
here. This article attacks copy protection, and I happen to agree with Bruce that copy protection per se is stupid. However the train of thought clearly extends to other DRM systems.
From a pure security point of view, DRM cracks are always possible, they are often produced, and when produced, they are usually discoverable on the Internet. What this argument ignores is that cracks are a nuisance and a substantial portion of the user community would prefer not to use them.
It's partly a question of honesty, but it is more about convenience and good business. Getting and applying a crack (and the crack for your next upgrade, and the crack for the crack detector, and the crack for your next computer, and..) puts users on an inconvenient, underground treadmill of support issues and flaky software made even flakier.
And an intelligent content owner can offer the legitimate user services based around the content, which add additional value beyond pirated or "cracked" content. Conversely, if an unimaginative content vendor makes legitimate on-line access to the content impossible, exorbitant, or user-hostile, then a large portion of the user community may take a dishonest route such as applying cracks.
The point is, the market for legitimate on-line content, including DRM, is there for the content owners to win or lose. Today, at least in music, they are losing. But they're not losing because their DRM is crackable. They're losing because they have not given on-line consumers value. When they get around, sooner or later, to giving consumers value through reasonable business options, many consumers will be quite happy to pay, and quite uninterested in applying cracks.
Even Microsoft has acknowledged in their Darknet paper
(here) that cracks and their associated underground networks will always exist, and that uncrackable DRM, although many would like to have it, is neither achievable nor necessary.
It Robs the Future
If all content is created in, or migrates to, digital form, and all digital content is copy-protected, how will we access any of this content in 50 or 100 years? Dan Bricklin covers the issue well in
this article. Personally, I think Dan is only partly right. The migration to digital form, even without copy protection, has already shortened the lifetime of content. No sooner were on-line news services available in the 1980s, than controversy arose over inconvenient articles "disappearing" from newspaper databases. More recently, a significant online archive in the UK, the Digital Domesday Book, has been off-line for ages due to obsolete technology and only revived with extraordinary effort.
In the long run, it has to be possible - and legal - for people other than content owners to archivally maintain digital content.
Uncontrolled Content is Freely Available Anyway
Most people who steal copyrighted materials don't have, or need, sophisticated technical knowledge. They don't need to apply cracks. They just download what they want from a peer-to-peer site or, for music, rip and/or burn it themselves from their own CDs.
Legacy formats like Red Book audio, .WAV and MP3 have no support for DRM, and they will be with us for a long time. So what's the point in adding DRM to new channels and formats? Pirates won't use them anyway, they'll just stick to these easy sources.
It is a good reason not to apply draconian DRM to new channels and formats. Users have a choice of whether to migrate: if they feel that the newer systems are unduly restrictive, they will stay with the old. And since media are shared between PCs and consumer electronics, this could adversely affect the consumer electronics industry as well as the PC and online industries.
DRM puts Big Brother in my PC!
Suppose we came to live in a world where every PC featured Palladium and the Fritz Chip? Such systems haven't been shown to truly benefit the average end user. In the worst case, they would exist to protect Hollywood content, and could be used to let technology companies (or your employer, or the government) take unilateral, ever-increasing, secret control of your PC and the data on it.
Fortunately, Microsoft appears to have realized that consumers don't want to be forced into such technology. They have publicly opposed efforts at "PC design-by-legislation" such as the Hollings bill, and even convinced the RIAA to support this stance.
But all is not sweetness and light yet. For example, the MPAA still supports mandatory copyright-control hardware, and Microsoft still seems to want increasing control of Windows PCs. Recent software license agreements from Microsoft (the ones we all ignore when we install, say, the latest Windows Media Player) give them ever-increasing rights to monitor and control your PC, such as by unnanounced, unstoppable "updates" which could, say, disable certain media playback capabilities in the name of copyright protection.
The recent news is somewhat encouraging, but these trends should be of concern to everyone with a computer and an Internet connection i.e. everyone reading this.
Content owners and consumers must remain free to choose from various technologies and business models, developed in open, competitive marketplaces. DRM is not, and never will be, good for free consumers.