Marlin and Digital Rights Management Dillemma

Attorneys reading today's news may hearken back to Universal City Studios Inc. v. Corely, and recall that this Digital Millennium Copyright Act case started when Norwegian Teenager, Jon Johanson, found himself unable to view a recently purchased DVD on his Linux platform computer.  Johanson diligently set about circumventing the DVDs content scramble system (CSS) to achieve compatibility.   Today, Sony, Phillips, Matsushita, and Samsung, among other hardware producers, have joined forces to create a "standard" Digital Rights Management (DRM) system that will enable consumers to play copyrighted digital products on the device of their choice.  The stated goal of Marlin Joint Development Association (MJDA) is to consolidate existing DRM systems and let consumers enjoy appropriately licensed products on the device of their choice.

DRM has been developed to counter advances in the copying art that enable consumers to make near perfect copies of digital works.  The rash of lawsuits between the RIAA and online music providers and individuals provides an example of how prolific this copying can be.  Two familiar DRM devices are Adobe, which enables the author or online publisher to determine whether or not to allow copying and how much copying to allow, and CSS, which scrambles the content of a DVD to prevent copying or playing in an incompatible player. 

Without a common standard, manufacturers of digital works under copyright can ensure that the goods play only on a device manufactured by a licensee of the DRM technology encoded in the work.  Music downloaded through a Microsoft System will not play on an IPod.  A DVD purchased in the U.S. will not play on a DVD player purchased abroad.  MJDA proposes to solve these interoperability problems, and promises a RAND license to interested manufacturers.  However, critics point to Microsoft's developing Coral platform and suggest that achieving total interoperability is unlikely and suggest that a device that will allow unlimited downloading and "enjoyment" of digital works may not offer the kind of copyright protection that DRM users are seeking.