LIB 1201: 3930 4/01/12
Simon Sachakov Research Paper Outline
Research Paper Outline
I. Introduction -Should Apple Implement Digital Rights Management into their products?
Throughout history big time corporations have attempted to control the use of the technological devices they produce by implementing hardware or software to place a limit on the what you can and cannot do with such a device after it has been purchased. Such restrictions put into action that restrict the use of certain programs are classified as Digital Rights Management (DRM). DRM’s primary function as is stated by companies who implore the use of this technique is that DRM ensure the security and stability of their device and keeps the device running in tip top shape. Another reason and what I personally believe to be is the main reason DRM is introduced to many of the devices that we purchase today is for the acquisition of a sustained profit margin because if companies can’t maintain a hold of their device, how can they possibly provide updates for that device. The simple answer to that question is that they can’t.
1. What is the relevance of Having DRM in play?
Digital Rights Management has an important role to play in how companies make their profit margin because DRM is seen by companies as a way to safeguard their copyrighted information from theft. Another reason why the use of DRM is implemented is because it sets up a dependence from the point of the consumer on the company to steadily increase what it is that the consumer can do with the device purchased through software updates. Companies attempt to place DRM further in the spotlight by stating that without the implementation of DRM that they would lose sales due to malicious individuals who would use their devices for illegal action or actions that directly aid in the obtainment of copyright infringed data or information.
2. Background information and context.
According to Andrew William Bagley’s peer reviewed article posted on EBSCO titled “Fair Use Rights In A World Of The Broadcast Flag and Digital Rights Management” Bagley explicitly states that the immediate issue with regards to digital media is the question of who owns the rights to it, does the person with the carbon copy own the rights or does the person who purchased that particular item own the right to do with it as s/he sees fit. Bagley also brings up the question of whether or not the use of DRM by big corporations such as Apple for example infringes on individual rights of consumers. Another question brought up by Bagley was “Do corporations hide behind DRM to strip individual liberties away and expand their profit margins?” I will try my best to answer all of these questions with the research I have obtained.
II. What are the issues with a company such Apple implementing DRM into their products for consumers?
According to Jacqui Cheng author of the online article “A look at Apple’s love for DRM and consumer lock-ins.” posted on Arstechnica.com Apples love for Digital Rights Management is putting their consumers in a chokehold so to speak by limiting the potential of what it is they can do with the device they have purchased. The use of heavy restriction on what consumers can and cannot do with the devices Apple mass-produces causes a lot of anguish and frustration with consumers attempting to get the device to work a certain way or run certain applications. Cheng proceeds to state that apparently devices that are suspect to violate Apple’s terms of use agreement will be void of warranty and stripped of the ability to sync with their counterpart iTunes program. Cheng’s article wraps up by showing that the majority of consumers stand in favor of Apple easing up on the limitations presented to their devices.
1. Cheng’s response to Apple’s of DRM was “The company loves creating new and innovative products that challenge the world’s perception of what it thought it wanted, but it then turns around and aggressively protects those products from being poked or prodded too much by curious onlookers.” This is a very shady method of doing business because Apple is using their power to abuse copyright legislation for their own convenience. Cheng also points out that consumers attempting to use Apple’s iDevices in the way they see fit where constantly bombarded with error messages and popups stating that Apple does not support a particular action to be completed on their device. Consumers appear to be thoroughly frustrated with Apple’s iDevices as well as all of their limitations and some have actually taken the step to circumvent Apple’s security to get the device to work how they want.
2. Hackers who circumvent Apple’s security restriction are called Jail breakers. Jail breakers allow the use of third party applications and programs to be used as well as be readily accessible to anyone with the technical knowhow to obtain those applications. Act of “Jailbreaking” or releasing your iDevice from the shackles of Apple’s DRM restrictions adds supplementary tasks to be run by the iDevice that Apple otherwise wouldn’t allow to be run. Despite being legal and in accordance with the Fair Use Act as well as the Digital Millennium Copyright Act Apple still does anything and everything to decrease this activity by imploring more creative ways to lock their devices by the use of DRM encrypted software updates.
III. Apple states that Jailbreaking is Illegal
According to David Goldman’s article posted on the business section of CNN News titled “New Copy right Office ruling sanctions iPhone Jailbreaking” Apple states that circumventing the DRM on their devices is illegal, but how illegal is it really? According to the U.S. Copyright Office, a division of the Library of Congress, has authorized several new exemptions to the Digital Millennium Copyright Act (DMCA), one of which will allow mobile phone users to “Jailbreak” — or hack into — their devices to use apps not authorized by the phone’s manufacturer. If Jailbreaking is actually legal then why does Apple go out of their way to frustrate consumers with ever increasingly more difficult to use DRM restrictions? Apple does this because they feel that the profit margin for their products both hardware and software will be substantially lower if users are given the opportunity to do as they please because we live in the digital age and obtaining information or pirated software is as easy as typing a hyperlink into an address bar and clicking download.
1. Goldman also states that “Every three years the Copy Right office has to re-evaluate the decisions they have put into play about the DMCA’s anti-circumvention provisions exemptions and either keep them the same or change them in accordance to what the law states.” This statement leads to the conclusion that through the use of DRM companies like Apple are inadvertently impeding the growth of technology. The way technological growth is being halted by these security restrictions is simple, each Jailbreaker (person who circumvents Apple’s security/ finds vulnerabilities in Apple’s security) is a hacker/software engineer that could have been employed by the company thus providing customers with new innovative ideas and leading to an influx of technological prosperity. Instead what tends to be the harsh reality is that Jailbreakers find these vulnerabilities in their own free time and are not offered any jobs for this process, and not only that they are looked upon as cyber terrorists, and slandered by Apple’s PR department in any which way they can.
2. Kukil Bora also provides some insightful information about the security of third party applications that are installed on jail broken devices as opposed to authorized applications approved by apple on their unmodified devices in his articles posted in the International Business Times online newspaper titled “Jailbreak Apps More Secure Than Apple-Approved Apps with Less Chance of Data Leak: Study – International Business Times.” stating that the privacy implications that Apple rants and raves about in regards to Jailbroken devices (devices which have circumvented apple’s security to install third party applications) are not being as compromised as much as we’d like to believe. Bora further continues to state that according to research done at the University of California, it was discovered that the approved and signed Applications that apple is coming out with infringe more on personal privacy then do the third party applications. From the values presented the benefits seem to outweigh the costs for consumers to jailbreak their devices. Jay Freeman, CEO of third party app store Cydia was also quoted as saying: “Instead of Apple making decisions about what’s good and bad, you decide. People think Jailbreaking is about deciding that things Apple doesn’t like are good. But it also allows you to see that the things Apple might like sometimes aren’t as good as they might like you to believe. We provide you with the tools to block the functionality you don’t believe apps should have on your phone.” This just goes to show that not everything that a corporate conglomerate does is in the best interests of their consumers.
IV. Should individuals who pursue methods to free apples devices from the shackles of DRM also known as Jailbreakers be persecuted by the law?
When the very first iDevice was hacked by teenage hacker George Hotz aka GeoHot, Apple actually tried to take legal action against Hotz by attempting to sue him for a substantial sum of money and when that failed they decided to implement other legal ways to take action against this type of behavior. According to Leander Kahney’s Article on the online site Cult of Mac.com titled “Apple™’s Official Response To DMCA Jailbreak Exemption: It Voids Your Warranty” it is clearly stated that Apple address the act of Jailbreaking a device as a direct legal violation of their terms of use thus voiding the jailbreak partaking consumer’s warranty. Leander also stated that Apple is losing a lot of net revenue with its war on Access by its implementation of DRM. As of this Article there were approximately ten million Jailbroken devices in the world that accounted for an extremely large amount of the market which apple would have otherwise acquired if security measures preventing the full use of the device weren’t as high. Apple’s response to this is that the company strives for a total control of the iDevice to keep the experience sweet, simple, and free of bugs.
1. Jenna Wortham a writer for the New York Times posted an article on the New York Times website on the 12th of may 2009 titled “Unofficial Software Incurs Apple’s Wrath” in which she provides her two cents by implying that Apple should not have the right to prosecute individuals who Jailbreak their iDevices because “For a lot of owners of Apple’s iDevices the amount of applications they have in their application store isn’t enough or does not serve the purpose that they are in need off thus they resort to a process called Jailbreaking.” Wortham also states that to some technology enthusiasts, Jailbreaking is similar to customizing a car; there are themes and layouts that can be installed to make your personal experience with the device as unique and individual as desired. This in turn makes you think that if we lived in a society where the expression of individuality and self was prohibited by law and any individual who went against that decree was subject to persecution to the full extent of the law, would that be a society you would want to be a part of? I personally, know that I wouldn’t.
2. This seemingly harmless process of the expression of individuality incurs Apple’s wrath because the code used to allow third party applications the privilege of running on the device at times glitches up and results in a lot of various of bugs which Apple sees as blemishes on their stark company’s reputation. Therefore Apple feels the need to legally enforce consumers to use their products as they had originally intended. Apple sees consumer gratification second only to a sense of false technological utility thus forcing their will on hard working Americans. Even Wortham though not directly stating opposition implies that this policy has to change before a lot more than just the individual liberties of consumers get sullied.
Conclusion- In the end I believe that Apple through their continued attempts to secure their devices are hindering what otherwise would be an influx of technological growth as well as potential job opportunities which might have in turn aided in an economical progression. Not only is technological growth being threatened, the right to freedom of expression is besmirched by a company who wants everyone to think exactly the same as they do and not have any unique individual characteristics that make them stand out of the crowd. Individuals need variety to grow and thrive as a society and the implementation of constraining security measures such as DRM limits on how much information persons with interest in a particular topic can acquire, thus keeping people forever in the dark isolated from the warmth and light that knowledge holds. With regards to my prior statement I strongly urge you to find out research on how you can get Apple to either stop or limit their use of DRM in regards to how much access you truly have with your iDevice.
