Nobody likes DRM, including attorneys for Microsoft, Real

By Jacqueline Emigh | Published February 28, 2008, 2:45 PM

At this week's Digital Music Forum, lawyers managing digital rights for Microsoft's Zune music download site and RealNetworks' Rhapsody said that they too believe digital rights management to be more of a headache than an asset.

NEW YORK CITY (BetaNews) - Few would argue that consumers truly like dealing with digital rights management. But attorneys for big music download sites like Microsoft's Zunes and RealNetworks' Rhapsody aren't all that thrilled with managing digital rights, either.

While that might have come as a surprise, this sentiment turned out to be the main theme emerging from a panel session called "Digital Rights and Clearances for Music" at this week's Digital Music Forum. Musicians, after all, want to make money from their work -- and a lot of other people are interested in some of the action, too, including record labels, music publishing companies, and Web sites.

But at this point, the legal underpinnings behind DRM are a mass of complexities raising many still unanswered questions, according to attorney Robert Driscoll, a partner in Davis Wright Tremaine, LLP.

Driscoll, who moderated the session, explained that attorneys in the digital rights space deal with contracts that "clear [content] for use both online and for other purposes."

But many of the existing documents are characterized by "a lack of adaptability," he added. Beyond that, labels and artists come up with contract "deals that don't work," demanding "advances that are too big."

In response to questioning from Driscoll, Julie Florida, an attorney in legal and corporate affairs at Microsoft, said she thinks Microsoft is doing "a pretty good job" of managing the ins and outs of digital rights on its relatively new Zune Marketplace site.

Microsoft's Florida pointed out that unlike Rhapsody, which has "established procedures" already in place, Microsoft had to start from scratch with digital rights when entering the music download business a year ago, after many years as a software vendor only.

But Cecily Mak, senior counsel in legal affairs at RealNetworks, contended that it's so easy matter to manage rights at Rhapsody, either.

Rhapsody is now juggling digital rights for "40 major record labels, 400 indie record labels, 40 major publishers, and hundreds of indie publishers," according to Mak.

Is it any wonder, then, that Web sites such as Zunes and Appel's iTunes now offer some music downloads on a non-DRM basis, free of charge?

Comments

View comments by with a score of at least

One way or another music is and has always been privately copied and interchanged, in special when you are young. IMO DRM is not the correct solution to piracy, but a problem created by the shortness of mind of some important people.

Score: 0

|

Itunes is selling DRM free music right now, I have purchased a lot of things from them that are DRM free and a lot of the DRM tracks I purchased from them have been upgraded to DRM free tracks. DRM is dead. (dying?)

Score: 0

|

I work with or around a lot of attorneys in the IP field and not one I've met likes DRM or how the whole industry is trying to shape it's IP protection schemes. They see it as shaky and inconsistent and short-lived. Of course, what they say in private differs from what they say in public most of the time.

Score: 0

|

"But Cecily Mak, senior counsel in legal affairs at RealNetworks, contended that it's so easy matter to manage rights at Rhapsody, either."

So easy matter??

Score: 0

|

That's a typo, it's meant to be "no easy matter" not "so easy matter"

Score: 0

|

The only one that likes DRM is the RIAA.

Score: 0

|

They don't like DRM? Then don't sell the damned product. Let the RIAA do it themselves...

Score: 0

|

Or, y'know, they could give consumers what they want. IE, DRM-free music and videos. It's REALLY not that hard.

Score: 0

|

'A pivot from war to peace:' The AMD + Intel armistice, in their own words

An extraordinary day in technology history is recognized by two long-time rivals that mutually decided it's futile to fight anyplace else except the marketplace.

PS3, Xbox to soon get Twitter, Facebook integration

Both Microsoft's Xbox 360 and Sony's PlayStation 3 will integrate with Facebook in the near future.

Windows Marketplace for Mobile now available in browser, iTunes' App Store still not

You can now check out what Windows Marketplace for Mobile has to offer without a Windows Phone.

Microsoft damage control after marketer claims Win7 inspired by Mac

Have you ever said anything you wish you could take back? Ever? No? Not even once? Well then, you won't sympathize with a mid-level Microsoft manager today.

Blockbuster's way down, but poised for a comeback

Though it took a serious beating in 2009, Blockbuster CEO Jim Keyes says the company can turn it around.

iTunes Preview deson't go far enough to create Web-based option for store

Apple has rolled out iTunes Preview, a Web interface for browsing iTunes.

PDC 2009 Preview: The move to Office 2010 and Visual Studio 2010

The major focus of Microsoft's conference next week will likely be explaining why two pillars of its software sales strategy deserve to remain where they are.

Dell's first smartphone aids the Android onslaught

Longtime PC leader Dell has finally announced its Android-based smarphone.

After the Intel + AMD armistice: Do we really want a level playing field?

Scott Fulton On Point: One by one, the reasons for us to continue suspending the course toward open and fair competition in IT, are dropping like flies.

FLO TV launches pocketable, smartphone-like TVs

Qualcomm's FLO TV Personal Television made by HTC launches in retail today.

Google acquires Gizmo5, builds IP telephony portfolio

Google Voice today confirmed rumors that it would acquire IP telephony company Gizmo5