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Digital
Copyright
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October
2001
As
the industrialised world moves slowly towards the deployment
of broadband access technologies, the ‘information’ or ‘networked’
economy is moving a step closer. Yet, it will take more than
just infrastructure. Before the global economy can really
start to benefit from the commercial movement of terabits
of data, digital copyright must be assured
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The rise in
popularity and functionality of the Internet is transforming the
way it is viewed by many businesses and organisations. The result
is that many are now attempting to utilise its global reach and
accessibility for the purposes of commercial gain.
Unfortunately,
where there are goods or services to be bought and sold, there is
inevitably an accompanying criminal element. Due to the nature of
the Internet, where products can be copied and distributed globally
in a matter of seconds, cybercrime offers lawmakers its own set
of particular challenges.
With digital
piracy already having the dubious accolade of being in the top five
of Internet abuses, it is small wonder that finding a solution to
the problem has become a top priority. Also, the advent of broadband
(which will create a far larger market for digital content and also
make it easier to distribute) is increasing the pressure on governments
to protect content owners.
Legal framework
Fortunately,
the international authorities foresaw the problems and took steps
to create a legal framework that would underpin the use of a commercial
Internet. In 1996, the World Intellectual Property Organisation
(WIPO) published the ‘Copyright’ and ‘Performances and Phonographs’
Treaties which addressed some of the main challenges facing the
control of, and responsibility for, copyright in the digital age.
Of particular significance to the Internet, the WIPO Treaties specifically
addressed copyright issues with regard to networking technologies.
In 1998, the
US implemented these treaties when they were integrated into its
‘Digital Millennium Copyright Act’. In April 2001, the European
Union followed suit by integrating the Treaties into its own ‘Copyright
Directive’. While not yet officially adopted by Member States, it
must become law in each State within 18 months of its publication.
Despite this
new international framework, digital piracy remains problematic.
There are many loops holes and much of the new law has yet to be
tested. Will it stand up? It is too early to say. And it is for
this reason that many companies, rather than depending on the law
to deter any would-be pirate, are placing their faith in preventative
measures, including technical solutions.
To counter the
threat of digital piracy and copyright infringement, a number of
organisations and companies have set themselves up as guardians
of online copyright integrity. One company, Net Searchers, not only
undertakes special projects for companies wishing to tackle digital
piracy on the Internet, but also helps its clients take preventative
measures.
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"An international
industry association worked with Net Searches to identify 60,000
abuses of its members copyrighted materials. Our search consultants
conducted a market survey to identify patterns of abuse, uncover
the tactics of infringers and quantify the extent of the problem,”
says Net Searches Chris Patmore.
“Following
the presentation of our findings, the client proceeded with an anti-piracy
campaign, which used a variety of tactics to cover abuse on websites
and FTP (file transfer protocol) sites. Over the following 18 months
we identified infringers and the ISPs they used, sending out monthly
electronic reports to over 40 enforcement offices around the world,"
he says.
Stream to
screen?
Aside from gathering
data about where and how piracy is taking place, there are some
practical steps that can be taken that can lessen a company’s exposure
and vulnerability to the practise. One of these says, Virtue Broadcasting’s
CEO, Paul Hodgins, is with the use of streaming media technologies.
"The use of
broadband technologies has encouraged the development of streaming
media. And, since this form of transmitting content does not require
that files are downloaded, piracy becomes more difficult."
Moreover, he says, there are numerous other ways that content can
be protected, and the industry is quickly beginning to adopt these.
For example, he says, PPV (pay-per-view) services, walled garden
content - where the user must be a subscriber - and encryption are
all devices that can be used to inhibit the infringement of copyrights.
Important
While to many
businesses that have never suffered at the hands of fraudsters,
digital copyright protection may represent only a minor consideration
in the development of a website strategy, its importance to those
companies that make their living by selling information or entertainment
services cannot be overstated. Furthermore, if the Internet is to
become anything more than a free Internet service, then the presence
of these companies is vital to the entire market.
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"Only by affording
the protection against piracy will we be able to encourage copyright
holders to make their content available over the Internet. This
will mean that we will be able to deliver quality content to the
consumer, making accessing entertainment on the web more attractive
and rewarding," says Chris Hunt, CEO, Digital Classics.
And, Hunt too,
agrees that streaming media technology is among the best ways of
protecting digital content. "Streaming content, as opposed to downloading
a file, is inherently more secure because the content cannot easily
be duplicated. This is best illustrated by the record labels who
have been grappling with this area in an attempt to self preserve,
which explains the new subscription services from an eclectic array
of partnerships among the five major record labels, Real Networks
and Yahoo," he says.
But striking
a cautionary note is Peter Kumik from Sealed Media who says that
content providers, which deploy streaming media, should not be lulled
into a false sense of security. "It is wrong to assume streaming
is safe, albeit the content is not downloaded, but still remains
however, easy to copy."
He believes
that digital rights management (DRM) is probably the best way forward,
along with other technologies such as encryption and PPV - as long
as there is a business model to support it. "Content owners and
their distributors should first explore if people will ‘pay-per-view’.
Let’s face it, pay-per-view is designed to protect content and there
is technology available today that enables users and the content
use to be monitored."
However, while
a comprehensive DRM system might be the ultimate answer to protecting
a companies digital assets, Jennifer Oakes, a principal consultant
at Cap Gemini Ernst & Young, points out that there is a cost balance
between developing a secure DRM solution and the potential revenue
gained from protected content. "Content-rich organisations know
this is a ‘must-do’, but are wary of the costs and are therefore
taking a phased approach. Yet, the success of DRM will depend on
the acceptance by consumers of the regulation of e-content.
The customer experience must not be compromised, in other words,
distribution companies must make it easier to buy content that it
is to steal it," she says.
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Put it on
my bill
Integral to
the DRM value chain is billing, which potentially poses the most
complex of business issues. Although telcos have experience in billing,
other content-rich organisations are just starting to explore billing
models and are coming to understand their complexities.
"One of the
benefits of broadband distribution may be that artists will get
faster payback on their works. Current artist payment systems are
archaic - it can take months or years to be paid - but online distribution
offers the possibility of almost instant payment,” says Andrew Rodaway
of Intec Telecom Systems.
“If an original
work is digitally protected and thus uniquely identifiable, and
the end-consumer has to pay a fee before downloading or using the
content, it is possible to flow the payment back through the delivery
chain in real-time. That implies some considerable sophistication
within the billing and payment system, but it is the sort of capability
that 3G operators will need, and it can be added into other broadband
mechanisms, like cable, if the impetus is there," he adds.
Encryption
Amino Communications
also recognises that the Internet and IP solutions are the dominant
delivery vehicle of content, whether it is streamed video and audio,
e-commerce transactions, web browsing or home automation. Yet, the
company also understands that in DRM there is often a trade off
between security and speed.
"In understanding
DRM, our approach takes proven technologies such as Public Key Infrastructure
(PKI) and combines them with our own technologies, so that content
risk is minimised without compromising performance. We have developed
a technology which provides variable rate protection of video content,
changing the level of protection ‘on the fly’ depending upon how
valuable the material is - an approach that crucially conserves
bandwidth,” says Martyn Gilbert, founder and CEO of Amino Communications.
He continues:
“For example, less valuable data such as adverts would be sent clear,
news programs which had only transient value would be sent at a
low level of encryption, while videos - because of their inherent
value - would be transmitted at the highest level of encryption
to ensure they could not be pirated.”
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Amino Communications
technology also incorporates digital video watermarking, which enables
content owners and providers to trace the illicit copying of content
by examining the audit trail of who has handled the video down the
distribution chain. The whole content protection framework is underpinned
by a unique hierarchical security architecture. This adopts a pragmatic
approach, using PKI to authenticate users when they first connect
through to a service but then stepping down to more light weight
encryption systems where appropriate, and changing keys rapidly
to make it very difficult to recover the content illegally.
While piracy,
undoubtedly, represents a significant challenge to lawmakers and
content providers alike, the problem is not insurmountable. Yet
to many, the cure may be more distressing than the disease.
Copyright infringement
can be overcome but it will probably mean the Internet will lose
its character as a loose collection of websites where the majority
of information is freely available. Protection means control, and
control will mean payment. But we should not necessarily oppose
this development. When did anyone ever get anything that was worth
having for nothing? So, why should content on the Internet be different.
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