Regulatory Model for Digital Rights Management : Analysis of U.S., Europe and China

This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies. -- Provided by publisher. Acknowledgement Contents Chapter 1: Introduction 1.1 Statement of Problem 1.2 Research Questions 1.3 Overview of Methodology Reference Part I: Theoretical Perspective of Digital Rights Management Systems Chapter 2: Panorama of Digital Rights Management Systems 2.1 How Digital Rights Management Got Here 2.1.1 Background of Digital Rights Management 2.1.2 Why We Need Digital Right Management 2.1.2.1 Not Just A Copy Protection Fortress 2.1.2.2 Enable Content Creators to Get Paid 2.1.2.3 New Business Methods 2.1.2.4 Be Taken, But Still Work 2.2 Digital Rights Management Technological Protection Measures 2.2.1 Digital Watermarking 2.2.2 Fingerprinting 2.2.3 Encryption 2.2.4 Access Control 2.2.5 Use Control (Copy Control) 2.3 Digital Rights Management Technology Standards 2.3.1 Extensible Rights Markup Language (XrML) 2.3.2 Open Digital Rights Language (ODRL) 2.3.3 Extensible Access Control Markup Language (XACML) 2.3.4 MPEG Rights Expression Language 2.4 Digital Rights Management Usage Models 2.4.1 Prepaid 2.4.2 Rental 2.4.3 Subscription 2.4.4 Peer-to-Peer References Chapter 3: Digital Rights Management Dilemma: Theoretical Context 3.1 Culture Perspective 3.1.1 Culture Background 3.1.2 Traditional Value System 3.1.2.1 The Concept of Intellectual Property Acculturation 3.1.2.2 Chinese Traditional Culture and the West ́s Ideology 3.1.2.3 Values in the West: Individualism, Liberalism and Rationalism 3.1.2.4 Confucianism as the Dominant Philosophy in Ancient China 3.2 Social Perspective 3.2.1 Culture Lag 3.2.2 Reciprocal Determinism Theory 3.3 Economic Perspective 3.3.1 Right-Holders 3.3.2 Internet Content/Service Provider 3.3.3 End-Users 3.4 Socio-Cultural and Economic Matrix for Copyright and Digital Rights Management 3.4.1 The Rationality of the Technological Protection Measures of Copyright 3.4.2 Types of Consultation Mechanism References Part II: Comprehensive Analysis of Digital Rights Management Chapter 4: Legislations 4.1 Correct Positioning and Proper Application of Copyright Technological Protection Measures 4.1.1 Correct Positioning of Technological Protection Measures in Digital Era 4.1.2 The Proper Application of Technological Protection Laws in Digital Era 4.1.3 Fully Introduce New Technology 4.2 The Background of Anti-Circumvention Rules Emergence 4.2.1 Technological Measures Legislations 4.2.2 Rights Management Information Legislation 4.3 Legal Protection of Technological Protection Measures in Different Regions 4.3.1 US Level: Digital Millennium Copyright Act in 1998 4.3.2 The EU Directives 4.3.3 The Path of Digital Rights Management Regulatory Model in China 4.4 The Impact of Anti-Circumvention Legislations 4.5 Anti-Circumvention Legislations Analysis and Evaluation References Chapter 5: Case Law Analysis 5.1 Cases in the US 5.1.1 Felten v. Recording Industry Assoc. of America 5.2 Cases in Europe 5.2.1 Finnish CSS Cases in 2007 5.2.2 Nintendo v. PC Box 5.3 Cases in China 5.3.1 Jiangmin Company ``Logic Lock ́ ́ Case in 1997 5.3.2 Beijing Jingdiao Technology Ltd. v. Shanghai Naikai Electronic Technology Ltd. References Chapter 6: Digital Rights Management Practices 6.1 iTunes Model 6.1.1 The Emergence of iTunes: Substitute for Illegal File-Sharing Platform 6.1.2 iTunes Online Music Store (iTunes Store): Prospective on Digital Rights Management Model 6.1.2.1 Merits of iTunes Online Music Stores 6.1.2.2 Disadvantages of iTunes Online Music Store 6.1.2.3 Copyright Mode in the Future 6.2 Amazon Kindle 6.2.1 High Updating Speed of Devices 6.2.2 Abundant Supported Formats 6.3 Adobe Content Server 6.4 Foxit Digital Rights Management 6.5 Ubisoft and Blizzard 6.5.1 Blizzard was Proud of the Digital Rights Management System 6.6 National Digital Library Project in China 6.6.1 Copyright Protection and Construction of Digital Library 6.7 China Unicom/China Telecom Platform 6.8 Founder Information Industry Group: Apabi Technology References Part III: Proposed Digital Rights Management Model in China Chapter 7: Predicament and Countermeasure 7.1 Necessity for A New Regulatory Model in China 7.1.1 In Terms of Legal Nature: Technological Protection Measures are Private Remedies to Protect Copyright 7.1.2 In Terms of Protection Methods: Technological Protection Measures Aim to Control and Consumers 7.1.3 Rationality Analysis of Fair Use Under Digital Rights Management 7.2 Digital Rights Management Rules in China Against the Socio-Cultural and Economic Matrix: Theoretical Basis for Conflict Re... 7.2.1 Based on the Theory of Copyright Benefit Balance 7.2.2 Oriented by the Coordination of Rights and Obligations 7.3 Legal Protection of Digital Rights Management and Present Situation of Conflict Coordination in China 7.3.1 Legal Protection of Digital Rights Management in China 7.3.2 Present Situation of Conflict Coordination in China 7.4 Coordination Approach of Conflicts 7.4.1 Technical Considerations 7.4.2 Administrative Intervention 7.4.3 Judicial Expectations 7.4.4 Legislation Suggestions References Part IV: Suggestions on the Improvement of Relevant Legal Systems in China Chapter 8: A Comprehensive Regulatory Model 8.1 Legislative Suggestions on the Direct Coordination of Conflicts 8.1.1 Establishment of Effectiveness Principle for Digital Rights Management 8.1.2 Supplement of Exception Clauses to Coordinate the Conflict with Fair Use 8.1.3 Introduction of Copyright Term System for the Technological Measures 8.2 Legislative Suggestions on the Indirect Coordination of Conflicts 8.2.1 Establishment of Legal Protection System of Privacy Involved in the Supporting Technological Measures 8.2.2 Improvement on the Laws and Regulations of Anti-Unfair Competition to Prevent the Unfair Competition 8.3 Far More Than Judicial Regulatory Model 8.3.1 Technology and Law of Social Norms 8.3.2 Assimilation of Anti-Circumvention Provisions Based on Internationally Multilateral Treaties 8.3.2.1 Assimilation of Anti-Circumvention Provisions Based on Bilateral Free Trade Agreements 8.3.2.2 Technical Protection and Anti-Technique Circumvention in Copyright Relations: Lessons and Experience of America and Eu... 8.3.2.3 Limitations of China ́s Anti-Technique Circumvention System 8.3.3 Accountability and Liability 8.4 Exception Rules of Technological Measures 8.4.1 Encryption Research Exception 8.4.1.1 The Role of Encryption Research Exception Rules 8.4.1.2 Specific Application Conditions for Exception Rules to Crypto Research 8.4.1.3 Legislative Options for Exceptional Research on Encryption 8.4.2 Reverse Engineering Exception 8.4.2.1 The Meaning of the Exception Rules for Reverse Engineering 8.4.2.2 The Role of Reverse Engineering Exception Rules 8.4.3 Library Evasion Exception Rules 8.4.3.1 Meaning of Library Circumvention of Technological Measures Exception Rules 8.4.3.2 The Exceptional Role of the Library in Avoiding Technological Measures 8.4.4 Personal Information Protection Exception 8.4.4.1 The Connotations of the Exception of Personal Information Protection 8.4.4.2 The Meaning of Personal Information Protection Exception Rules 8.4.5 Exception Rules for the Benefit of the Visually Impaired 8.4.5.1 Details of Exception Rules of Technological Measures for the Benefit of the Visually Impaired 8.4.5.2 Defining Elements of Exception Rules to Technological Measures for the Benefit of the Visually Impaired References Part V: The Room for Perfecting China ́s Digital Rights Management: Some Experience Can be Learned from Europe and America Chapter 9: Status Quo and Foreground 9.1 Clear the Definition of Technology Protection Measures 9.2 Distinguish Legal Technology Circumvention Behaviors from Illegal Ones 9.3 Add ``Anti-Equipment ́ ́ Items in Regulatory Architecture 9.4 Comparison Between China and Europe and America 9.5 The Development of American Network Copyright Law: Dominated by Government Under the Promotion of Practitioners 9.6 The Adaptive Development of Copyright Law in Network Age 9.7 Summary References Chapter 10: Conclusion