美國1990年至2014年間數位權利管理(DRM)相關議題之分析

Abstract

As technology advances, copyrights have been used, not only on physical works of literature and art, but also virtual works via the protective cloak of Digital Rights Management (DRM). Despite its obvious effectiveness and efficiency at times, DRM remains controversial and has generated several outstanding issues, leading to important legal precedents. This thesis discusses two of these issues: (1) DRM cannot fully stop copyright infringement, and (2) Major digital content companies are likely to act in an anti-competitive way when given the benefits of technology such as DRM. To analyze these two issues, this thesis focuses on three cases: A&M Records, Inc. v. Napster, Inc., the Apple iPod iTunes Antitrust Litigation, and United States v. Apple Inc. By analyzing these cases, this thesis is able to arrive at some useful conclusions -- in particular, DRM is unlikely to be the best solution to the problem of copyright infringement for cases involving virtual media. Normally, legal issues surrounding property rights must be adjudicated through the courts by a set legal process. However, the speed of change of technology often makes court rulings problematic and courts do not always make the most efficacious decision. It is crucial for all to be conscientious and fight copyright infringement. It is essential for all to realize that each of us benefit from intellectual works. Intellectual works push society forward, and therefore it is necessary to maintain a fair and safe environment for intellectual property. As for the anti-competitive issue, US court must deal with such behavior based on current laws, whether it is at people’s best interest or not. The thesis suggest however that anti-trust law should be more responsive to changes in technology. When viewing conflicts between society's benefit and the narrower benefit of a single company, the larger benefit should be considered. This is because the purposes of copyright laws and DRM are all for promoting social progress and the arts, so that the society can eventually become a place for creators, governments, enterprises, and consumers to peacefully co-exist.