INTELLECTUAL PROPERTY: DRM CAN IMPINGE ON CONSUMERS' RIGHTS.

Basic access to and use of content not protected by copyright, such as intellectual property already in the public domain, can be and often is blocked by DRM (digital rights management) systems. The incompatibility of formats (not being able to play RealNetwork music files on an Apple iPod, for example) shows that a basic consumer right is being eroded by DRM systems. This is the conclusion drawn by a report published by the European Audiovisual Observatory entitled "Digital Rights Management from a Consumer's Perspective". Its author, Natali Helberger of the Amsterdam-based Institute for Information Law, examines the provisions made for consumer protection in current copyright legislation.

The report also examines the issue of consumer privacy in the light of DRM systems' capacity to analyse consumer behaviour and draw up detailed consumer profiles. The author looks at ways in which it is possible to reconcile the interests of consumers with those of DRM users. Particular emphasis is given to ways of strengthening the position of consumers both within and outside the copyright field. Should market forces or legislation determine the relationship between DRM and consumers? Is it the State, the DRM users or the consumers themselves who should be responsible for their own protection? And which...