La gestion des DRM en perspective

Conclusion

If the DRM seem to have to impose itself quickly in the management of the contents on line it is necessary nevertheless to have for the spirit of the articles such as « The Darknet and the Future off Content Distribution »^261(*) in which it is clearly explained : « There seem to Be No technical impediments to darknet-based peer-to-peer file sharing technologies growing in convenience, aggregate bandwidth and efficiency »^262(*) what would start again thus the debate on another model of control defended for example by Encircled^263(*) with Olivier Bomsel and Gilles Blanc. The latter, in a rather detailed note, and following Lionel Sobel^264(*) assert a different economic model based not on the DRM but rather on asymmetrical tariffing, i.e., a tariffing of the upload by the FAI making it possible to manage thus the whole of problems P2P.^265(*)

This assumption, it, having also been raised besides by the CSPLA when it indicates daN its opinion of March 2, 2004, « that certain reflections, which the representatives of the producers and the artist-interpreters are not associated, are currently carried out on the possibility of creating a general system of data-processing print making it possible to check if the exchanges of files on the network are authorized and, failing this, to block, out of any legal procedure, files exchanged unlawfully at the time of their passage by a waiter or a router. (...) it could not however be implemented that after making of a precise legal framework guaranteeing that the attacks likely to be carried to the freedom of communication and the secrecy of the choice of the programs necessary and are proportioned to the objectives ». ^266(*)

The debate could thus again enter within the framework of a responsibility for the FAI...^267(*)

In the same way, another initiative launched by the ADAMI intends to propose, the development of the legal license. Given that like the right to diffuse, after payment of an equitable royalty, the pieces of its choice among a given unit. This royalty having to be taken on the sales turnover of the FAI. However, of many difficulties remain outstanding and we think that this system related to the urgency would pose more problems and would dilute to some extent the royalty without answering in an adequate way waitings of the unit of the actors. ^268(*)

Thus, it is seen, the changes induced by technology work more and more the right and more particularly the rights of the users. And, us arrived here, indeed, in what predicted already a few years ago Jeremy Rifkin, at the age of the access.^269(*) Indeed, more and more, one will have access to a whole of specific services at limited lifespan. We are leaving behind us a world where the property prevailed for a world where the services and the rights of user become the angular stone. For some, « cultural industries are adapting to the not-competition and to change model of businesses; by doing this, they will discover new sources of value which will compensate and beyond, the profits which they drew from the physical distribution and the protection of works ». ^270(*)

Thus, one includes/understands better this logic of DRM which makes it possible to limit in time and in space according to the various formulas suggested the rights of the become users or in becoming to be consumers of cultural goods lifespan limited.

* ²⁶¹ Peter Biddle, Paul England, Marcus Peinado, and Bryan Willmann, The Darknet and the Future off Content Distribution, 2002, 16p. http://crypto.stanford.edu/DRM2002/darknet5.doc

* ²⁶² Ibid, p. 14

* ²⁶³ Olivier Bomsel and Gilles the White, Encircled, Distribution of contents on Internet - economic Analysis of the remedies for the skirting of the rights of ownership intellectual, 14p. Working note Contango, 8 Mars 2004, www.cerna.ensmp.fr and Olivier Bomsel with the collaboration of Jérémie Charbonnel, Gilles the White, Abakar Zakaria, economic Enjeux of the distribution of the contents, Cerna, 52p., January 2004, www.cerna.ensmp.fr

* ²⁶⁴ Lionel S. Sobel †, DRM have year enabler business models off: ISPs have digital retailers, Berkeley Technology Law Journal, 2003, p. 14-15.

* ²⁶⁵ A contrario, a study published by Felix Oberholzer-Gee, of Harvard, and Koleman Strumpf, of the university of North Carolina-Chapel Hill indicates that the P2P has only one weak impact on the CD sales. According to them, «the Net surfers who download music on line are individuals who would not have bought the album, even if the systems of exchange did not exist. The exchange of files would not threaten musical industry  », Workshop BNP Parisbas, March 31, 2004 and Felix Oberholzer, Koleman Strumpf, The Effect off Dirty Sharing File one Record  : Year Empirical Analysis, March 2004, 52p.

http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf and Domenica Piotet, For the honor of the pirate: would musical industry become luddist?, www.atelier.fr

* ²⁶⁶ CSPLA, OPINION N° 2004-1 relating to the author's copyright and the personal freedoms, March 2, 2004, www.culture.gouv.fr/culture/cspla/avis04-1.htm

* ²⁶⁷ But already of the voices protests against these proposals  : «  In conclusion, it seems to us that the proposal of a tariff-floor for the upload is a dangerous lawful innovation for the future of cultural industries. This proposal explicitly aims restoring the competition of the cultural bonds and at transforming Internet into media of mass, which goes exactly against what it is necessary to make  ». One will read with interest the report/ratio of the FING  : Distribution of contents on Internet - Comments on the project of tax on the upload of Michel Gensollen, Laurent Gille, Marc Torturer, Nicolas Curien, April 2004, p. 38.

www.enst.fr/egsh/p2p/documents/Fing_DistributionContenus1.pdf

* ²⁶⁸ Guillaume Gomis, the Communities Peer-to-Peer and having right: peace by the legal license?, April 2, 2004, 5p. www.juriscom.net

* ²⁶⁹ Jeremy Rifkin in the Age of the access  : the revolution of the new economy., the Discovery, 2000, 395p.

* ²⁷⁰ Distribution of contents on Internet - Comments on the project of tax on the upload  of Michel Gensollen, Laurent Gille, Marc Torturer, Nicolas Curien, April 2004, p. 34 and following for the development of the sales leaflet and where the possible advanced ones.

www.enst.fr/egsh/p2p/documents/Fing_DistributionContenus1.pdf