La gestion des DRM en perspective

Abbreviations

AAC:	Audio Advanced Coding
CSPLA :	The Higher Council of the Author's copyright and Artistic
CGV :	General conditions of Sale
CJCE :	Run of Justice of the European Communities
:	Encryption Standard dated
DMCA :	DIGITAL Millennium Act Copyright
DRM :	DIGITAL Right Management, Management of the numerical rights
FAI :	Suppliers of access to Internet
GDN :	Management of the numerical rights, DIGITAL Right Management
HTML :	Hypertext Markup Language
LEN	Law on the Numerical Economy
MP3 :	Motion Picture Group Experts, Audio To bush-hammer 3
MPEG :	Moving Picture Expert Group
ODRL :	Open DIGITAL Rights Language
RDD :	Rights Went back Dictionary - Dictionary to rights
REL :	Rights Expression Language-- Language expressing the rights
WMA :	Windows Audio Media
XML :	extensible Media Trades Language
XrML :	extensible rights Markup Language

Introduction

The remote loading of the files commonly is accepted and used among the Net surfers today. However, these numerical media, if they are legally available to the sale ex depot, are not it, in particular and with proof of the opposite, on the networks of P2P. Indeed, the royalty must apply and it is well accordingly that the artists, the editors and producers are worried by the protection of their works.

Also, gradually, of the provisions were created in order to protect the unit from these contents as well from a technical point of view as of the management of the rights. The DRM include/understand a whole of technologies making it possible to protect the royalties by quantifying the contents and by authorizing only one access limited and controlled according to the rights associated with those.

Traditionally, protection systems of the royalties who prevailed, rested on a fragile balance between the protection given to the author of work and thus a recognition of these exclusive rights on this one counterbalanced by a series of exceptions for specific uses.

This balance was broken because of evolution of numerical technologies. Indeed, if front, the reproduction with identical was not possible that in a degraded way, the numerical one makes it possible from now on to make copies perfectly in conformity with the original, without loss of quality and in a time and for a price records.

This was also reinforced by the provision for the users of computers increasingly more powerful, having an exceptional storage capacity. Moreover, correlatively the development of the Internet, the migration to the top flow makes it possible to exchange, download and diffuse in record time any type of contents in particular through the diffusion of software P2P.

Thus, counters the threat of a perversion of the system and for the respect of the royalty, the DRM were thought like one of the possible alternatives to the respect of the rights of each one.

However, as recalled by Daniel Semaya^1(*), it is necessary to pay attention to the manner of setting up the DRM. Indeed, « The introduction off technologies that frustrate the to consume and limit to fair uses off will hurt the successes DRM yew consumers will not stand for it ».

It is important to understand well today, that we are still during a time of choice. I.e., that at present, that it is a question of industry musical or cinematographic, the choice of measurements which will be snuffs and misent in place was not stopped yet.

The various recent initiatives^2(*) in these sectors are rather a period of natural test size from which strategic decisions will be made either in favor of a protection by measurements technical adequate and effective being based at the same time on technological but also juridically framed choices what will then make it possible to develop new economic models or worms of the mixed models combining a protection certainly effective but limited in term of management of rights for example.

One of the keys to success of the initiatives which will be proposed to the users resident in the adequacy, in particular in France, of the technical measures taken in comparison with the concept of private copy. Indeed, it is important to understand that technical measurements, and it is one of the major difficulties, must take into account the whole of the perimeter corresponding to this concept and the uses of these media.^3(*)

* ¹ Daniel Semaya, The Future off DIGITAL Rights Content Management for Distribution, May 30, 2003, 10p. http://www.cs.princeton.edu/ugprojects/listing.php?user=dsemaya&type=senior

* ² One will note the initiatives of BMG in March 2004 (BMG sells his music in peer-to-peer legal, 17/03/2004, 01net. The catalog of the house of discs will be sold (...) on the English platform of exchange of Wippit files), Sony and Fnac next June (Fnacmusic.com, 18/03/2004, 01net.) and D `other older actors such as APPLE with itunes which sold more than 50 million songs since its opening in April 2003 (iTunes: 50 million songs, and the promotion of the iPod in http://www.atelier.fr/article.php?artid=27119&catid=30) no-claims bonus primarily in the United States and ecompil, Pressplay, MusicNet for example.

* ³ One will privilege the flexibility in use left to the consumer who will allow to make in kind discourage them «  pirates  » and to encourage the honest users.