When Judging Amazon’s Kindle, DRM Is Crucial

To the editors:



In Adam R. Gold’s Nov. 30 comment on the Amazon Kindle e-book reader (“Stick to Harcover”), he glosses over the biggest problem with the new gadget. All books that are bought through the Amazon store—which is, of course, the only practical way to read full books at all on the device—come crippled with DRM (Digital Rights Management Software). This is the same type of software that is included on most tracks purchased through the iTunes Music Store. This is “copy protection” software, and he notes that it can complicate the loading and unloading of books from the Kindle. But two bigger problems with DRM aren’t mentioned: First, it ties the purchased content forever to the device which “reads” it, and second, it prohibits “fair use,” or the limited legal usage of copyrighted works, and undermines the first sale doctrine.

The FairPlay software on most of the songs sold through iTunes, now the third largest music retailer in this country, prohibits the playing of those songs by non-Apple programs and devices. When the day eventually comes that people begin to switch away from iPods and iTunes, many will find themselves repurchasing music because it is unnecessarily incompatible with newer digital audio players. This situation actually happens all the time, and it’s not just fly-by-night retailers going out of business; in the past year Major League Baseball and the Google Video Store have both discontinued their proprietary DRM video services, leaving paying customers high-and-dry with useless video files. Consumers rejected a move several years ago to include DRM on music CDs; will we accept these restrictions on our entire library of books?

Perhaps more importantly, though, is the effect of DRM on fair uses of electronic media. Electronic copyright enforcement through software is a problem, because software is “stupid.” Fair use, in particular, is a complex set of laws that is meant to be interpreted by judges; to attempt to regulate fair use with a piece of software is quixotic and shortsighted. There’s still no way to loan Amazon e-books to friends, borrow them from libraries, photocopy sections of them for a class, or sell a used copy, rights which have for hundreds of years been vital to the success of the real book.



G. PARKER HIGGINS

New York, NY

December 3, 2007