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

Isa Bella, Selena Ivy Topline 'Lesbian Sex 28'

Isa Bella and Selena Ivy headline the latest release from Girlfriends Films, titled “Lesbian Sex 28.”

Catherine Knight Stars in Latest From Brazzers

Catherine Knight stars in the latest release from Brazzers, titled "GRWM (To Fuck)."

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Elegant Angel Premieres Nicole Kitt Showcase 'Cats Eye'

Nicole Kitt gets the spotlight in a new four-part showcase release from Elegant Angel.

Private Releases 'The Love Hotel 2'

Private has released “The Love Hotel 2,” directed by Dave Menich.

Ember Fiera, Jesse Pony Headline 'TS Girls Do It Best' Sequel From TransSensual

Ember Fiera and Jesse Pony topline the sequel to “TS Girls Do It Best” from Mile High Media studio imprint TransSensual.

Khloe Kapri, Melissa Stratton Topline 'Lesbian Trainer 3' From Sweetheart Video

Khloe Kapri and Melissa Stratton headline the third volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Gal Ritchie Toplines Dorcel's 'Pigalle'

2025 XMAs winner Gal Ritchie stars with Clara Mia in the latest feature from Dorcel, titled “Pigalle.”

Show More