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A recent law journal essay referenced on this site examined Digital Rights Management and its impact on the e-book industry.

DRM, the essay said, is counter to the precepts of open-source development in computer hardware and software, thereby hindering innovation and slowing technological progress in the e-book industry.

The implicit assumption is that open-source is good for innovation in the computer industry in general, and especially in the e-book industry. But is it? Has open source been a positive influence on e-book development? Or has open source itself hindered the progress of e-books, DRM notwithstanding?

Open source’s impact

The development of the computer industry in general has been spearheaded by open-source development. Open platforms do inspire innovation; and in the computer industry, that innovation has given us multiple programming languages, multiple operating systems, parallel applications by major corporations and individual programmers, and a horde of independent programmers and debuggers, free to work on any aspect of computing that interests them.

In the e-book industry, lack of commitment by the major players, i.e. the publishing industry, has resulted in open source believers attempting to take the reins in their own hands. This has similarly resulted in more e-book formats, e-book reading software and DRM-type security systems than can be reliably counted, and as those programmers have changed their focuses and moved on to new projects over the years, many of these formats have gone orphaned, leaving many customers with unsupported e-books and e-book reading applications.

The problems with orphaned e-books and software have resulted in a significant number of early-adopters abandoning e-books, for fear of losing money and purchased products down the line. Even before DRM had driven e-book enthusiasts away, orphaned formats had already done the damage of making users and publishers alike leery of the industry in general.

In contrast, the electronic music industry started down a similar path, but veered off quickly: At the time that different open source formats were being experimented with, a single format (MP3) was developed and quickly adopted by the majority of music listeners for its combination of portable size, ease of recording and sound quality. Once MP3 was locked in as the default music format, companies were free to develop compatible business models as enthusiasts were free to create their own music. Less time and money was wasted on other formats that would eventually die off and leave users hanging. Innovation became in fact more directed and focused, and resulted in a viable industry and financial model in a relatively short time.

Now, as major corporations try to finally take charge in the literature industry, and publishers try to insert themselves into an aspect of their own industry that almost passed them by, the confusing variety of open-source-created e-book formats, conversion programs and DRM blockers (mostly made available so people could convert from one open-source format to another), has created the “Tower of e-Babel” that has brought e-book development to an embarrassingly slow crawl. Developer’s resources are spread too thin, players are afraid to innovate for fear of becoming orphaned in a churning market, and interested parties are afraid to invest. In this case, open-source has been a clear and severe hindrance to the development of e-books.

Result

Following this logic, it would be understandable to say DRM has not hurt e-books as much as open source development itself has. Badly-executed DRM systems can hardly be said to be good for the industry… but because of  adverse effects on customers, not for stifling of innovation. The overwhelming stifling of e-book innovation is being caused by an unfocused, foggy, misdirected, every-man-for-himself open source melee. The e-book industry needs to end the churn and refine its direction and focus, in order to progress properly and efficiently.

The present efforts in the e-book industry are managing to whittle down the formats to a standardized few: Mobipocket, through Amazon; eReader, through Barnes & Noble; and OEB (ePub), developed as a standard format by the International Digital Publishing Forum (IDPF) and supported by Adobe, Sony and many other reading device and software manufacturers. As formats dwindle, players and potential players will gain optimism for the more stable market and feel more empowered to buy, invest and innovate. Said innovation will likely happen through licensed channels and more formal agreements, not the intention of open source; but it is more likely to be carried out by more capable individuals and organizations, and result in more rigorous and effective innovation.

Speculation

Suppose the whittling down of formats had happened years ago, early in e-books’ development as it did in digital music? Going by the development of digital music as a guide, today we would probably have a few dozen different reading applications, some of which would be created by corporations, and some by open-source programmers, capable of running the one or two major formats that would be dominant in the industry, with a variety of optional tools and controls to allow individual users to customize their viewing experience. They would be available for every operating system, on computers large and small. All of these applications would be able to read the same DRM’d e-books, largely eliminating the need to crack DRM for most consumers. But there would still be a number of open-source DRM cracking tools, some of which might even be built into the open-source reading applications, allowing consumers to transfer their e-books to other personal devices and/or storage options.

This is the direction the e-book industry should have progressed; and would have, if open-source efforts had not so badly fractionalized the industry early-on. As we bring our range of e-book formats down, undoing the damage caused by open-source fractionalization, we can expect to see exactly this sort of development to happen, as it did to the digital music industry, and we will end up with a healthy e-book industry.

This claim is not, in fact, an effort to support DRM or unworkable security systems in e-books. Rather, it is an effort to point the accusing finger in the proper direction: DRM has not been the real damaging factor in the e-book industry; the open-source movement itself has been the real cause of hindered innovation and slow development.

 
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