Federal Trade Commission
Digital Rights Management Town Hall
March 25, 2009

Proposed Topics for Discussion:

Introduction and Overview:

  • What is DRM?
  • What types of DRM systems have been and are being used?
  • In what contexts have they been and are they being used?
  • How do they work and what sorts of limitations do they impose?
  • How are DRM systems and limitations being disclosed to consumers?
  • What are the potential benefits to consumers and commerce from use of DRM systems?
  • What are the potential burdens on consumers and commerce from use of DRM systems?

Legal Landscape of DRM:

  • The Copyright Act and the Digital Millennium Copyright Act
  • Copyright Office triennial rulemaking
  • Impact of DRM on fair use and the first sale doctrine
  • End User License Agreements / Terms and Conditions
  • FTC Act – Section 5

Consumer Information Issues:

  • What do consumers generally know about DRM systems used in connection with the products and services they buy and use?
  • What do they (and should they) expect about the use of DRM systems in connection with various products and services?
  • What additional information would be helpful to consumers?
  • How can information about DRM systems and use limitations be effectively communicated to consumers?
  • What aspects of DRM appear subject to misunderstanding?
  • What is the potential for consumer harm from such misunderstanding?

Other Consumer Issues:

  • Are DRM systems being used in contexts that consumers might not expect?
  • What can be done, and by whom, to protect consumers or mitigate harm to them if content they purchase is protected by DRM systems that become archaic or obsolete?
  • Are DRM systems being designed in a way that will require consumers to purchase the same content multiple times? Are consumers aware of this and how can they be made aware?
  • What security and privacy issues are associated with the use of DRM systems?
  • How might bad consumer experiences with DRM-limited content harm the marketplace?
  • Can current practices be improved? Would attempts to improve them have unintended consequences?

The Future of DRM:

  • What are some current issues, controversies, situations, and trends involving DRM?
  • In what contexts are DRM systems and limits likely to persist?
  • In what contexts are they likely to perish?
  • What are the trends in the marketplace that indicate consumer acceptance or rejection?
  • Are DRM systems evolving in ways that can lead to more consumer choices and mitigate potential harms?
  • What challenges face consumers and content (or other DRM-limited goods) vendors in the future?
  • What steps can be taken to protect consumers and the marketplace?
  • Are new laws or regulations needed to protect consumers?