Thursday, 18 June 2009

Estudo sobre DRM

Foi recentemente publicado um estudo da autoria de um dos associados do Centro de Estudos, com o título de: Technological accommodation of conflicts between freedom of expression and DRM: the first empirical assessment

Seguem as conclusões do estudo:
The survey unveiled, through empirical lines of enquiry, that:
1) Certain permitted acts are being adversely affected by the use of DRM;
2) This is in spite of the existence of technological solutions (enabling partitioning and authentication of users) to accommodate those permitted acts (privileged exceptions);
3) Beneficiaries of privileged exceptions who have been prevented from carrying out those permitted acts (because of the employment of DRM) have not used the complaints mechanism set out in UK law;
4) Article 6(4) of the Information Society Directive put an onus on content owners to accommodate privileged exceptions voluntarily. Voluntary measures have emerged in the publishing field, but not all content owners are ready to act unless they are told to do so by regulatory authorities.Ultimately, some beneficiaries of privileged exceptions are being adversely affected by the use of DRM and practical solutions are required.

Thus, the report proposed that, in the short term, with the help of the empirical findings and recommendations of this study, the EC Commission submits a proposal for two amendment of Article 6(4) of the Information Society Directive, as follows:
(1) A definition of the expression 'appropriate measures' should be inserted in Article 6(4) of the Information Society Directive, stating that for the purposes of that Directive such measures require the establishment of a procedure to enable expeditious access to works by beneficiaries of privileged exceptions, leading to the creation of standardized access to works portals across EC Member States.The existence of access to works portals would be made possible by a DRM deposit system, according to which the means to enable beneficiaries of privileged exceptions to benefit from them would be deposited and made available through access to works portals, in specified circumstances.
(2) It should be added to Article 6(4) of the Information Society Directive that where access to works by beneficiaries of privileged exceptions is not facilitated, the protection of privileged exceptions (given their connection to core freedoms) prevails over the protection of DRM, even where works are supplied online on agreed contractual terms.

Blogged at:
http://www.ip-watch.org/weblog/2009/05/25/freedom-of-expression-versus-drm-the-first-empirical-assessment/
http://arstechnica.com/tech-policy/news/2009/05/landmark-study-drm-truly-does-make-pirates-out-of-us-all.ars
http://www.michaelgeist.ca/tags/akester
http://www.techradar.com/news/world-of-tech/uk-study-drm-pushes-people-to-piracy-603014?src=rss&attr=all

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