We’ve heard of big publishers experimenting with lack of DRM—such as a trial Random House conducted on a few books via Fictionwise. How about another experiment in the same territory? Keep the DRM in place but expressedly say that legitimate owners may strip it out if they don’t spread the files around. See if piracy rates go up. Or maybe the sales rate, too, since owners would be able to back up the files and use them on a number of devices?

Keeping the DRM in place would serve as a informal reminder that the publishers did not want illicit copying.

DRM already bypassable

Meanwhile remember that the real pirates already know about DRM-stripping programs and use them—in cases where they’re not just scanning printed version of books. In fact, pirates won’t just scan. As the latest Harry Potter episode shows, they’ll type. Of course, in my opinion, the real answer is no DRM, but as a compromise, publisher-granted backup privileges just might have the potential to help make e-books more attractive as purchases than they are now. How about it, publishers? Try this on a few titles with the consent of the writers and see what happens.

4 COMMENTS

  1. It would be nice if educational publishers took a lesson from their own experience. They have been giving away, free, tens of thousands of electronic files of full-length textbooks, with no DRM whatsoever.

    This has been going on for at least 7 years – maybe more. The files are used to provide access to disabled students. Many of these files are full color PDFs, and I have yet to hear of a single complaint of improper copying.

    On top of that, schools routinely scan thousands of books for the same purpose. So we have many, many files out there without DRM, and the sky seems to be holding.

    I guess the lesson here is that this is not a rational issue. Logic is currently eclipsed by hysteria. Common sense is uncommonly rare…

  2. How would this sit with the DMCA, which basically makes it illegal to circumvent DRM? Presumably a publisher can expressly allow the circumvention of their own DRM but what about the people who come up with the technology to strip it out? Will they be subject to police raids because potentially their “outlawed” technology could be used to remove the DRM on products which aren’t allowed to be backed up?

  3. Bill M re DMCA: DRM-stripping programs are all over the Net, from abroad. So I’m not sure if the U.S. Justice Department could catch up with their suppliers.

    As for the publishers, it’s a gray area, and one also needs to consider the vendors of the e-reading software, both legally and in terms of its relations with the e-reader vendor. But ideally there could be ways worked out to get around these complications. You’re raising useful issues. If a publisher authorized cracking, does that end the matter, or will Microsoft and all jump in?

    Remember, though: The publisher won’t provide any cracking help. It would be strictly up to the individual consumers. I suppose this would be akin to nonprosecution of minor drug offenses. Perhaps most encouragingly of all, keep in mind that the law already allows libraries and disabled consumers to crack DRM.

    I’m not saying that clarifies things. But maybe there’s some hope of resolving ambiguities. Appropriate congressional legislation—and I believe that one congressman has recommended this—would also help address the backup and different device issues.

    Thanks,
    David

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