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Designed to effectively frustrate: copyright, technology and the agency of usersCornell University, USA Recently, the major US music and movie companies have pursued a dramatic renovation in their approach to copyright enforcement. This shift, from the code of law to the code of software, looks to technologies themselves to regulate or make unavailable those uses of content traditionally handled through law. Critics worry about the compliance rules built into such systems: design mandates for manufacturers indicating what users can and cannot do under particular conditions. But these are accompanied by a second set of limitations: robustness rules. Robustness rules obligate manufacturers to build devices such that they prevent tinkering - not only must the technology regulate its users, it must be inscrutable to them. This article examines this aspect of technical copyright regulation, looking particularly at the Content Scramble System (CSS) encryption system for DVDs and the recent broadcast flag proposed for digital television. In the name of preventing piracy, these arrangements threaten to undermine users sense of agency with their own technologies.
Key Words: broadcast flag Content Scramble System (CSS) copyright digital rights management (DRM) law open source robustness technology users
New Media & Society, Vol. 8, No. 4,
651-669 (2006) |
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