Hi all,

This mailing list seems to have adequately explored the two ends of the DRM 
spectrum.  One camp seems to feel that DRM is inherently bad for the Web and 
the other that it is clearly necessary.  This message proposes an approach that 
avoids either extreme and will hopefully provide the basis for an exploration 
of the middle ground.

Apologies in advance if some of this has already been discussed and I missed 
it.  I tried my best to review the relevant threads before sending this message.

My Philosophy:

The culture of many in the Web community leans rather heavily toward the 
freedom of information.  That is to be applauded and, in fact, has helped to 
keep the Web more free of  commercial or governmental influence than it 
otherwise would have been.  I both agree that information "wants to be free" 
and that the W3C should not bless via the Recommendation process any proposal 
that makes it easier for any organization, commercial or governmental, to 
further restrict information freedoms on the Web.  The law of unintended 
consequences applies.

That makes me sound like an advocate for the unfettered flow of information on 
the Web and I generally am.  However, I recognize aspects of the opposite 
argument:  The growth of the Web has been driven, since its earliest public 
days, by commercial interests.  We would not have the Internet of today were it 
not for ISPs selling access to the Internet, nor search engines trading search 
results for advertisement impressions.  Many desirable features of the Web, 
including the thriving commerce sector, require an economic model to operate.  
In fact, I worked on changes to the Internet's Acceptable Use Policy to allow 
for commercial interests such as ISPs and the sale of goods in the early 1990s.

I personally like the Netflix service and use it regularly.  I do not expect 
that Netflix could continue to operate that useful service if I were able to 
store and replay any movie on my local disks and share them with others without 
paying the artists or service providers (as I could and would if DRM didn't 
exist).  I therefore support the need for *some forms of DRM in some contexts* 
because I do not see alternative economic models capable of allowing for those 
types of services without DRM.

A Middle Ground Proposal:

We should ask ourselves some questions that might allow some of us to move 
toward a centroidal  consensus:

- Would the Web be irreparably damaged by giving *some* flexibility to those 
operations already being performed on the Web in proprietary ways?

- Does DRM for some content types infer DRM for all content types?

The last one is the one I find most interesting.  Could we, for example, allow 
DRM specifically for streamed video formats while explicitly prohibiting (via 
"MUST NOT") the application of DRM to text or other content types?  I think 
that would have two effects:

1.  Netflix could pursue its current business model while being compliant with 
the standards, thus limiting the perceived need for proprietary extensions; and

2.  It would limit the unintended consequences of a general DRM escape hatch 
into which other organizations would choose to jump for their own (occasionally 
nefarious) purposes.

Obviously, the application of DRM should remain optional and disincentivized in 
the specification language.

Limiting the size of the hole in the standard would be analogous to US Supreme 
Court decisions that found on a very narrow aspect of a law while refusing to 
make broad philosophical statements.  They find that to be a safer approach to 
limiting unintended consequences.  I think we can learn from that.

If we really wanted to get carried away, we could stipulate that any 
organization wishing to use DRM for a pre-approved content type needed to 
register with a central authority, as is currently done with the IETF for 
content types.  However, I don't think that intentional slowing of the approval 
process would work well because it flies in the face of the natural speed of 
innovation and would tend to favor large, established organizations.  I throw 
this idea out only for the purpose of illustrating that other "middle ground" 
proposals are possible.

Let the flame war recommence.  It would be cool, though, if others were to 
propose other ways of meeting in the middle.

Regards,
Dave
--
http://about.me/david_wood



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