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

Reptyle to Debut Cross-Site Release 'Polar Opposites'

Reptyle will premiere its latest cross-site release, "Polar Opposites," across all six of its imprints starting Saturday.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Kyaa Chimera, Renee Rose Front Latest From Family Strokes

Kyaa Chimera and Renee Rose star with multi-XMAs winner Tommy Gunn in the latest release from Family Stroke.

Lilly Bell Headlines 'Maison Close' From Dorcel

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars in "Maison Close," the latest feature from Dorcel.

Milena Ray Is Hustler's 'Cover Honey' for May

Milena Ray is the Cover Honey for the May issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Vanna Bardot, Chloe Foxxe Headline 'Dad's Lesbian Lover 4'

Two-time XMAs Female Performer of the Year Vanna Bardot and Chloe Foxxe topline the fourth volume of "Dad's Lesbian Lover," the latest release from Girlfriends Films.

Andylynn Payne, Sasha Tatcha Topline 'TS Girls Do It Best 3' From TransSensual

Andylynn Payne and Sasha Tatcha headline "TS Girls Do It Best 3," from Mile High Media studio imprint TransSensual.

Casey Calvert Wraps Production on Girlsway Feature 'Straight Girls'

Adult Time has announced that production has wrapped on the feature, "Straight Girls," directed by multi-XMAs winner Casey Calvert.

On the Set: Seth Gamble, Wicked Serve Up 'Sweet Juggs of Justice'

It’s Easter Sunday, and there’s a rainbow shining at Tranquility Canyon Movie Ranch in Santa Clarita, California. Only this one isn’t in the sky. It’s on the ground and made up of four powerhouse performers, Angel Youngs, Octavia Red, Rissa May, and Vanna Bardot, dressed in vivid, artfully styled color on the set of Seth Gamble’s new Wicked Pictures feature, “Sweet Juggs of Justice.”

Violet Voss Makes Her Blacked Raw Debut

Violet Voss has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside multi-XMAs winner Isiah Maxwell.

Show More