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“Digital Rights Management (DRM) : Compromising with the legitimate rights of Customers”

Digital Right Management (DRM) is like a software code used to manage the rights of copyright owners when any copyrighted material like books or songs are transmitted digitally. Unlike natural limitations built into the dissemination of hard copies, digital dissemination of copyrighted materials is quicker and easier. Hence, copyright holders use DRM technology as a self-help measure to prevent unauthorised and bulk digital dissemination of copyrighted materials.

These days, for instance, software comes equipped with inbuilt DRM programmes that tie it to a limited number of users or devices. A user who buys legal software cannot give a copy to a friend — the DRM ties the software to a single device or user. Similarly, DRM technology in modern DVD players — termed as Content Scramble System (CSS) — prevents users from copying the content. Even if a user copies a DVD, the disc will not play in a regular DVD player.

The problem is such DRM measures can prevent fair-uses authorised under copyright laws like copying software from one’s own laptop to desktop, or copying a DVD for private use. Therein lies the immense power that DRM can create over technology corporations. For example, Amazon’s Kindle is a wireless electronic reading device where users can download books or other materials to save one the trouble of carrying bulky books. But, on July 17, 2009, users who bought George Orwell’s Animal Farm and Nineteen Eighty-Four found that Amazon had automatically deleted copies of books from their Kindles overnight. DRM technology allowed Amazon to enter and delete files in each individual’s Kindle. Reportedly, the copyright owners decided not to sell the content on Kindle. Well, if you had purchased a paper copy of the book, can the company send its employees to take it back from your house without explanation and prior authorisation while leaving the refund of the purchase price on your kitchen table?

Post Contributed By:

Abhishek Bhargava

Indian Institute of Legal Studies

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