« The end of the European Patent Litigation Agreement? | Main | Bluetooth marketing law update »

10 December 2007

Sensible DRM? Nokia's new music service

Digital rights management, better known by its acronym DRM, is a concept that's been unpopular from the start.

For the media industry, the big issue with distributing music in the form of digital files was always that there was no way of preventing the punters going and copying the files to their mates. DRM promised to provide a way of selling digital music (and film, but I'm going to focus on music in this post) files whilst preventing customers doing this. All good stuff - everyone's a winner - right?

Unfortunately not. DRM has not been a success so far. An important reason for this appears to be that the media industry has been over-zealous in using DRM technology to restrict customers from playing their purchased music the way that they want to play it. Let's take the most well known example of applied DRM: iTunes. Buy a piece of music on iTunes and want to play it on your MP3 player? That's fine, provided your MP3 player is an iPod; try and convert your purchased music into an MP3 and iTunes will tell you 'no can do'. Want to back up your iTunes music for safe keeping? Again, fine, but let's hope that the back-up isn't your 6th copy of the file, because if it is then your file won't play.

The level of restriction in iTunes and other digital music services go far beyond what the average person would expect to have imposed on them when buying music. As a result, it seems that many people are put-off from buying digital music files - in September last year I noted that less than a quarter of iPod owners regularly buy music from iTunes. Most people can't get their heads around the complex restrictions imposed by DRM, and so want nothing to do with commercial services that use it.

To make matters worse, at the end of the day, DRM isn't effective. Simply burn your music to a CD and then rip the CD back into (DRM-free) MP3 files. Or use one of the many tools freely available online that allow you to remove DRM protection. Even Bill Gates has said that there are "huge problems" with DRM, and Apple is now backtracking from DRM with the introduction earlier this year of iTunes Plus, a service that provides DRM-free music tracks that are slightly more expensive than their bolted-down DRM cousins.

No one wins from DRM - the music industry doesn't get the revenue, and we are left without a decent way of legitimately buying digital music files.

Into this tarnished technological arena steps Nokia, with an interesting new use of DRM (see a report by The Registry). The mobile phone company is gradually developing a content-business, and part of this is a digital music service. Nokia has said that the service, which will launch in 2008, will allow users of certain Nokia phones to download music to their devices for free, and keep them for as long as they want. Only if they want to move the music from their Nokia will people have to pay a fee.

These are the kind of usage restrictions that anyone can understand and, just as important, the restrictions are commercially fair to the customer. The customer gets a high-quality music file for free, and it's legitimate - the best preview service in existence. Want to do more with the file? Pay a fee and off you go. Customers aren't put-off from using the service in the first place, meaning that the music industry stands to make some money.

There are a few problems with Nokia's proposal: the service is PC-only (wave goodbye to the Mac & Linux market), and restrictions on use will apply even after you've paid to move the music to your computer. However, I'm going to stick my neck out and say that, if Nokia resolve those problems, this is a potentially brilliant use of DRM.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c948553ef00e54f9da1688833

Listed below are links to weblogs that reference Sensible DRM? Nokia's new music service:

Comments

I think your moral argument only holds true if the service is in fact a preview service, and remains free, rather than falling under the usual type of music track 'sale'. I'd be interested to know the terms upon which the works are given / licensed to the listener and if they're qualitatively different since there's no (per track) cost.

Also, it appears at first sight that this (and other such DRM schemes) put technological blocks in the way of individuals' (albeit limited in the UK) fair use / dealing rights.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

About IMPACT

Contact IMPACT

  • Feel free to email the IMPACT team with any suggestions for new content, or if you'd like us to assist you with any legal issues.

Search


  • search the web
    search IMPACT

The legal bit

  • The news and articles on IMPACT are not legal advice and you shouldn't rely on them as if they were. Please don't act on any of the information on this blog without getting professional advice on the subject. Like most free general information blogs, we don't accept any liability in connection with your use of the information on the site.

    If you do need specific legal advice, the team behind IMPACT would be delighted to help.

    Creative Commons License

    We post the information on this blog under a Creative Commons Attribution NonCommercial ShareAlike 2.0 Licence (English law). You provide any comments and materials that you make on the same Creative Commons licence terms.

    Find out why we use a Creative Commons licence.

    We've registered our brands as trade marks. The following links will take you to the registrations for IMPACT, Freeth Cartwright and FC.

Accessibility

  • We take accessibility very seriously. We want everyone to be able to access the stuff we've put on the blog. If you've got any comments or suggestions for how to make the blog more accessible, please email the team.

    To learn more about accessibility and why it's important see our article Making websites open to all. There are more accessibility posts in the Accessibility section of IMPACT.