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napster2gifAren’t e-book publishers supposed to learn from the music business and understand that DRM is a sales toxin, especially when consumers want to enjoy recordings or books on a bunch of gizmos?

Well, maybe not. Tyler Ruse, who has worked at NetLibrary and codeMantra, notes that despite the unhappiness of many consumers with the Kindle’s DRM, some people in publishing would like copy-protection to be stricter.

In The Dichotomy of DRM, Tyler’s aptly titled entry in his Structured Publishing blog, he writes of “a variety of business development conversations” where publishers say they are “becoming more and more concerned about the lack of ultra-strict DRM in some e-book distribution channels. This includes the ability (when consuming digital content in a computing environment) to copy/paste, save, print, etc. Publishers are asking these channels to build more limitations so that they feel comfortable that their content is not being compromised.

The dichotomy

“It is obvious that there is a level of DRM that a publisher would need and expect so that there is limited fear of piracy. On the other side, it is apparent that DRM can not only serve as a deterrent to copyright violation, but it can also serve as a deterrent to the adoption of digital content at a mainstream level.”

Exactly, Tyler. The question is, how much of a deterrent to copyright violators? The only way to pirate-proof books is to stop producing the paper kind, so no one can type or scan from them. As for e-books, maybe publishers can prevent their wares from being displayed on a VDT or LCD so no one can scan or type in the merchandise that way. Of course such precautions would render e-books totally unusable, but perhaps end the piracy problem.

Heftier sales make up for piracy losses

Point is, there’ll always be losses to piracy, especially in the case of best-sellers, where the rewards are higher; but unprotected books are far, far more popular with consumers and therefore make up for this in increased sales due to greater convenience and usefulness. I’d encourage the more gungho defenders of DRM to check with Fictionwise about consumer interest in DRM vs. nonDRMed books.

I know that the more gungho of the pro-DRM partisans would still say that they merely want to keep honest people honest. But actually DRM has the reverse effect, by making it more difficult to own books legally—and thus encouraging surfers to obtain the nonprotected variety instead. Even the Kindle (inspiring DRM envy elsewhere?) can be used to display text from P2P sites. I’ll also call publishers’ attention to a comparison that Rob Preece of BooksForABook, as I recall, has made despite his own concerns about piracy. How many people rip off old-fashioned newspaper vending machines—even though there’s no limit on the number of copies they can grab? For most people, piracy just isn’t worth the trouble.

Not beating up on Tyler

Meanwhile I hope it’s clear I’m not beating up on Tyler, who’s simply passing on the message from certain publishers. I suspect he very much agrees with me on the need for the IDPF to come up with interoperable DRM if publishers insist on it. That said, I continue to believe that the best DRM is no DRM or social DRM. “Protection” adds to the costs of e-books and limits legitimate activities such as copying within fair use; and even with DRM standards, protected books will not be as trustworthy and durable a medium as those without protection.

Related: Tyler’s bio from a past run of his for the IDPF board (he is not currently a candidate).

 
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