The Washington Independent
The Washington Independent

DRM: Accepted or Not in the Real World?

DRM: Accepted or Not in the Real World?

“The DMCA [1] has spread to other territories, thanks to those WIPO treaties. In the UK, we got DMCA-like laws through the EUCD. Canada got them through Bill C-11. Pretty much any place that’s industrialized and wants to trade with the rest of the world has a prohibition on weakening DRM.

Thomas Dixon
Crypto
Last updated: Mar 31, 2021 | Feb 16, 2014

Table of Contents

Cory Doctorow, a copyright activist, has written an interesting article about digital rights management in the Guardian’s technology blog. In one interesting paragraph, he writes:

“The DMCA has spread to other territories, thanks to those WIPO treaties. In the UK, we got DMCA-like laws through the EUCD. Canada got them through Bill C-11. Pretty much any place that’s industrialized and wants to trade with the rest of the world has a prohibition on weakening DRM. Many of these laws – including the DMCA – have provisions that supposedly protect legitimate security research, but in practice, these are so narrow and the penalties for DMCA violations are so terrible that no one tries to avail themselves of them.”

Well, there is certainly one place in the world that is “industrialized and wants to trade” and yet, somehow, has yet to enact any laws regarding digital rights management – Israel. And that’s not for lack of pressure. The United States continues to put Israel on its Section 301 Watch List because Israel has yet to ratify and implement the WIPO Copyright Treaty (which contains provisions regarding digital rights management). The OECD has also weighed in on the issue, suggesting that “Israel should weigh the merits of providing protection for technological protection measures and rights management information”. And yet, Israel, usually so sensitive to these issues (see this previous post), has bucked the trend and not enacted any legislation regarding digital rights management.

In 2012, the Ministry of Justice proposed a bill regarding digital rights management, and expressly stated that one of the purposes of the bill was to allow Israel to join the WIPO Copyright Treaty (as well as future treaties that would undoubtedly address DRM issues). The bill never passed.

In September 2013, the Supreme Court of Israel addressed the issue in 5097/11 Telran Communications (1986) Ltd. v Charlton Ltd. in that case, Telran sold cards that allowed consumers to descramble foreign satellite signals, and some customers used those cards to watch the 2006 World Cup games. Charlton asserted that it was the exclusive licensee of the right to broadcast the 2006 World Cup in Israel and that Telran, by selling those cards, had infringed that right.

In its decision, the Court devoted several pages to the issue of digital rights management, and decided that it should not interpret the Copyright Law as implementing digital rights when the Knesset had already weighed in on the issue and decided not to include these in the statute. The Court remanded the case to the District Court to determine whether the plaintiff, despite losing on its copyright claim, could in any event advance claims for unjust enrichment. [4]

And so, here we are, in Israel, with no laws or court decisions prohibiting the circumvention of digital rights management technology (yet).

I wonder if this provides an arbitrage opportunity. In his article, Cory seemed to imply that an international consensus on implementing digital rights management was necessary for those rights to be effective in any jurisdiction. Otherwise (and maybe here I am putting words in Cory’s mouth), any DRM measures could be circumvented legally in one jurisdiction and then imported into another jurisdiction where such circumvention was not legal. So this raises a question: How would the United States or European law react to the circumvention of technological measures that were actually (and legally) performed in Israel?

Footnotes

The Digital Millennium Copyright Act (DMCA) is the United States law that (in very brief summary) prohibits the circumvention of technological measures which implement digital rights management.

Being on the watch list doesn’t actually mean that you are in bad company. I count 30 countries on the 2013 watch list, including Canada (!), Italy and Mexico. There are another 10 countries on the priority watch list, and one extra-special super-duper country (Ukraine) with “the most egregious IPR-related acts, policies and practices with the greatest adverse impact on relevant U.S. products, and that are not entering into good faith negotiations or making significant progress in negotiations to provide adequate and effective IPR protection.”

It wasn’t completely clear from Charlton’s terribly drafted contract whether Charlton had exclusive territorial rights in Israel or whether Charlton only had exclusive rights to Hebrew language broadcasts in Israel. It turned out that most of the purchasers of the Telran equipment were Arabic-speakers, and so it was not completely clear whether Charlton had the exclusive rights to the broadcasts that were actually watched by the purchasers of the Telran equipment. You don’t want to hear about how the Court broke its teeth interpreting the contract. My only comment – people should have good lawyers draft their contracts.

The Court cited a commentator that distinguished between a hypothetical situation where a defendant circumvented DRM and charged consumers for viewing the unscrambled broadcast and another hypothetical situation where the defendant sold equipment to circumvent DRM to consumers, and it was the consumers who actually used the equipment to circumvent DRM and watch the broadcasts without payment. In the former case, it may be easier to advance a claim for unjust enrichment.

Thomas Dixon | He creates the ideal marketing experience by connecting online brands with their target audiences. He recently completed a research paper on consumer conversion and took part in a community project on SEO optimization. Thomas is working on his Bachelor of Arts in Communications and plans to intern in an online marketing department soon.

Related

Exploring the link between Bitcoin and Indices - What is it teaching investors?

Not only is Bitcoin (BTC) an incredibly volatile entity, but it’s also continuing to evolve both in terms of its price and correlation with other assets.

How Stablecoin is trying to eliminate crypto problems?

One thing that makes cryptocurrency investments risky is the inherent volatility of the blockchain network. Prices may surge or plunge without apparent indicators, and investors may be caught in surprise that their digital assets are already losing value. Although there are certain factors that can be checked for the purpose of predicting the movement of the crypto market, sometimes users just can’t figure things out.

Crypto Traders' Guide: How to build and diversify a Cryptocurrency portfolio

Many cryptocurrency investors simply hold a single crypto asset, such as Bitcoin. However, this strategy could be ineffective if you want to raise profits. Any investor looking to construct the ideal cryptocurrency portfolio for themselves should keep in mind that, despite its growing popularity, cryptocurrency remains a highly volatile investment.

Ukraine will soon legalize Cryptocurrency transactions in the country

Ukrainian residents will use, trade legally, and purchase through cryptocurrencies as soon as the law "On Virtual Assets" is adopted. The law will benefit residents of Ukraine who own cryptocurrency. The cryptocurrency market will be regulated through this law. In addition, Ukrainians might obtain lower taxes and have more alternatives for new products and services.

Three things that differentiate crypto betting websites from their alternatives

One of the things that people have to do before they start betting online is to decide which payment options they want to use. Regardless of whether you want to play the latest casino games or prefer sports, you need to make a deposit sooner or later. Of course, gambling operators know that their clients have to fund their accounts, so they try to provide them with different kinds of alternatives.

Gaming provider Korean billionaire Kim Jung-Ju bets $100 million for bitcoin in Tokyo's biggest ever acquisition of cryptocurrencies

Nexon, a Tokyo-based corporation that purchased $100 million in bitcoin on Wednesday, has been one of an increasing number of publicly-owned corporations owning crypto-currency.

AUDIO token has grown more than 90% after partnership with TikTok and new crypto signals

The price of AUDIO, the proprietary token of the decentralized music streaming platform Audius, has risen by over 90% right after the platform's integration with social media giant TikTok.

Business Innovation Technology on Big Data

Just two simple words, Big Data, has created a furore that is spreading across the world, unleashing a dizzying array of opinions in all subjects - from healthcare to marketing needs, from politics to economics. Every day articles and blog posts are written about how to gather, store and use these big datasets.

Choose the Right Crypto Exchange Platform With These Expert Tips

Cryptocurrencies have been on the rise since the mid-2000s. After their massive bull run last year, it’s apparent that this young and bold financial instrument is here to stay. Like many others, you might be interested in finally diving deep into the crypto industry but there are a few things that you need to take note of first.

NFT: Ea$y Way to Make Money 2021! 🤑 Art, NBA, Crypto, Stocks, Tokens, Beeple.

The simple gist of the concept is that people make and sell one-of-a-kind products. Goods that are available online. Then it can make an album, a photograph, a recording, or anything someone want and apply it to some kind of evidence that it's the real thing.

$$$ 🤑 All Cryptocurrency by Year/Month (134 coins): Updated July 2021

SteakBankFinance, Burn1, Baby Shark, The Chad Project and more +100

© Copyright 2021 The Washington Independent All Rights Reserved

Terms & Privacy | twi.news@washingtonindependent.com