Congress Ponders DRM Standardization

WASHINGTON - Should consumers who purchase media on one platform, like Apple’s iTunes, be able to play them on another, like Windows Media Player? Congress is considering a single Digital Rights Management protocol that will force interoperability.

But many businesses are hesitant.

Congressmen Lamar Smith (R-Tex.) and Howard Berman (D-Calif.) convened the House subcommittee on Intellectual Property to debate the merits of instituting a single plan, but some business leaders advocate letting the market decide.

"Marketplace forces will continue to drive innovation in the DRM arena with attendant consumer benefits,” said Napster CTO William Pence, “while gradually solving the interoperability problem,"

Pence envisioned “new ways to enjoy digital music at a variety of different price points” rather than adopting a uniform protocol.

“This interoperability issue is of concern to me since consumers who bought legal copies of music from Real (Networks) could not play them on an iPod," countered Smith.

Smith regretted that Apple representatives chose not to attend the hearing. “Companies with 75 percent market share of any business, in this case the digital download market, need to step up to the plate when it comes to testifying on policy issues that impact their industry,” he said. “Failure to do so is a mistake."

The controversy highlights companies’ desire to have proprietary rights to media, Congress’ goal of regulating standards, and some consumer wishes not to have standards at all.

Apple has been battling anti-DRM activists who have hacked iTunes to allow non-clients to download music and play it on multiple hardware. While the songs are in MP3 format and thus may be copied more than Apple’s FairPlay DRM allows, the creators of hack program PyMusique note that the songs are still purchased at Apple’s price.

Standardization detractors noted Apple’s dominance of the desktop market in the mid-80s as an example of the perils of a closed system approach. Ray Gifford, president of the Progress and Freedom Foundation, further warned the panel that a mandatory digital standard adoption might favor one group over another.

"For public policy makers, we can never forget the lessons of public choice theory, which predicts that firms and interest groups will seek government favor in promoting their standards solution and handicapping their rivals," Gifford said. "Any call for the government to prefer one standard or model over another must be subject to most exacting skepticism."

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Rachel Rampage Makes Her Jules Jordan Debut

Rachel Rampage has made her debut for Jules Jordan Video alongside Manuel Ferrara.

Zoey Uso, Demi Hawks & Skylar Snow Front Latest From Girlsway

Zoey Uso, Demi Hawks, and Skylar Snow star in the latest Girlsway release, titled “Perky and Perfect.”

Maddie Wren Makes Her Tushy Debut

Maddie Wren has made her debut for Vixen Media Group studio imprint Tushy, alongside reigning and three-time XMAs Male Performer of the Year Vince Karter.

Jade Venus Stars in Latest From Evil Angel

Jade Venus stars with Sage Roux in the latest scene from the Evil Angel series “Transsexual Angel.”

Jewelz Blu Stars in Latest From Family Strokes

Jewelz Blu stars with Aila Donovan and Troy Francisco in the latest release from Family Strokes.

Octavia Red Stars in 'Octavia Loves Girls' From Elegant Angel

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in the Claudia Ross-helmed Elegant Angel showcase "Octavia Loves Girls."

Suzanne Holly Makes Her WIFEY Debut

Suzanne Holly has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Dirk and Hollywood Cash.

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Charlotte Sins on Porn, Power and Freedom

Charlotte Sins is cracking the whip. Or at least, she’s pretending to. Standing over a masked submissive on the set of her X3 cover shoot in North Hollywood, she’s a glam femdom vision in stiletto heels and retro ’50s pinup black hair. Leather whip draped over her bare shoulders, its black tip dangling suggestively between her long, tan legs, Sins moans softly.

Show More