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 © 2025 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

OFCOM Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

Tiffani Time Featured in Latest From Kink.com

Tiffani Time stars with Pierce Paris in an '80s-themed scene titled “Let’s Get Physical.”

Connie Perignon Fronts Latest From Brazzers

Connie Perignon stars with Will Pounder in the latest release from Brazzers, titled "Angry Café Lay."

Avery Lust, Drake Von & Cherie DeVille Front Latest From TransAngels

Avery Lust, Drake Von, and multi-XMAs winner Cherie DeVille star in the latest release from TransAngels, titled “The Jizz Off.”

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

SCOTUS Won't Hear Appeal of NYC Adult Store Zoning Law

The U.S. Supreme Court has declined to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Eva Angelina, Angel Youngs & Rissa May Star in Latest From Deeper

Eva Angelina, Angel Youngs, and Rissa May star with Chocolate Rod in the latest release from Vixen Media Group studio imprint Deeper, titled “Strip Search.”

Phoenix Marie Leads Latest From MILFY

Phoenix Marie stars with director/performer Manuel Ferrara in a new airtight scene from Vixen Media Group (VMG) studio imprint MILFY.

Matthew Meier Talks Confidence, Chemistry and Acclaimed Craft

Matthew Meier is riding high. At the 2025 Euro XMAs, he not only took home a Best Sex Scene trophy for the second year in a row, but was also crowned Male Performer of the Year.

Penthouse Names Liana Love November's 'Pet of the Month'

Penthouse Magazine has named model Liana Love as Pet of the Month for November.

Show More