Copyright management systems: assessing the power balance.

This paper first examines technical and legal issues surrounding Copyright Management Systems (CMS). It then examines the rationale for use of these systems and some accompanying criticisms. It argues that there are compelling economic reasons for controlling access to, and use of copyrighted material, especially in light of digital technology and the Internet. It also argues that CMS have very undesirable qualities which raise concerns about social accountability. They can exert strong control over access to material, invade privacy and deprive the public domain of valuable resources (hence affecting innovation) echoing aspects of eighteenth century Blackstonian ideology. The paper concludes that the present state of affairs in which CMS has increased the power to rights-holders may be detrimental to the development of human society. Technology and the law appear to have colluded to potentially stifle innovation, hence producing no ultimate winners in the future.