Digital Rights Management (DRM) is a critical tool that the creative can utilize to protect their intellectual property.   Since we live in a digital world that sees bits being digitized, transported and archived around the globe in milliseconds, it is critical that the creative be empowered to use the same technology to protect their intellectual property.

However, the steps taken by media companies to protect the creative’s rights seem to circumvent the rights of those who purchase the creative’s music, videos, etc.  For example, the secret installation of “rootkits” and other software that is capable of monitoring the use of the property, or can act as a “Trojan horse” that opens a computer to hacking is an overreach and tramples on the rights of the consumer.  Another example of abuse would be the use of an embedded globally unique identifier, or GUID.  The use of this unique identifier makes it possible to track the content a user views and it can upload the list to content viewed to Microsoft’s central server.  These examples alone raise questions that need to be asked in regards to the proper use and implementation of DRM technologies.

In addition to these issues, there are issues surrounding the use of and the defined ownership of a license to use an intellectual property.  While working at a previous employer, I purchased a piece of software for personal use. The license allowed me to install it on two systems.  I was building a prototype for use on a project that I hoped to get off the ground.  To do so, it would require that I make the personal investment and do the work at home on my personal computer.  Once completed, I installed the final product as a runtime on my system at work for demonstration purposes.  I purchased the $400.00 software using my personal credit card.  I registered it under my name and the mailing address included my employer’s name.  Unfortunately, when I updated my computer hardware, I was unable to download and reinstall the software on my new personal computer.  The logic that the software company provided me was that the software belongs to the employer, even though the records on my account showed that I was the original purchaser and owner of the software license.  This is a perfect example of DRM gone haywire.

Admittedly, the rights of the creative needs to be protected and DRM is a technical solution that may provide the means.  However, when software is installed, configured and run without full disclosure to the consumer, problems can arise.  There needs to be a means for the creative, the media companies, consumers and consumer groups to come together and evaluate the problem together to insure that the rights of those creating and distributing the intellectual property and those who purchase the intellectual property are fully protected.