FAIR USE, DRM, AND TRUSTED COMPUTING

摘要

The migration of trusted computing principles into end-user systems promises to increase the practical application of and market demand for digital rights management (DRM) technologies. Trusted computing platforms and the integration of DRM components into the operating system will likely make controlled, conditional access to content and services attractive for providers of copyrighted resources, and an increasingly common ― if not always popular or desirable ― part of the end-user experience. The ability of providers to reliably and deterministically impose rules on the end-user experience raises the question of who sets the rules dictating how users interact with digital information on their personal systems. Will the social policies and common practices that have traditionally influenced the copyright process be replaced by rules privately constructed by content owners and software providers? Will they be privately enforced by operating systems and DRM technologies? Conversely, can these emerging architectures help protect the limitations on copyright owners' exclusive rights, preserving the flexible fair use doctrine?