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June 06, 2005
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DRM: Add On or Integral Part?
Writing about the royalties lawsuit involving Tom Wait's music, which I've written about (here and here), Prof. Michael Madison considers the distinction between DRM as add on and DRM as integral part of a product (Downloads and Licenses).
iTunes downloads come with DRM. So, given the accompanying DRM, if we’re “buying” the download, what we buy isn’t really the equivalent of a CD or vinyl. And it’s not recording + DRM, either. DRM is integral, rather than a legal or technical add-on. It’s designed in. The DRM-limted-iTunes-download is a new and different thing, not the equivalent of a CD but the equivalent of a DRM-limited-use-CD.
I don't see the distinction. Is there some contract involved? If not, why can't I do whatever I want to do with the recording, so long as it doesn't violate copyright law?
posted by Ernest Miller |
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Greg H on June 7, 2005 08:41 AM writes...
Respectfully, I think that the professor is quite wrong on this topic. Jon Johansen has proven with his PyMusique/SharpMusique applications that the iTunes DRM is not integral to the songs. The files are downloaded to you computer without DRM. The iTunes application itself wraps the content protection around them after they're delivered to your system, not before.
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