DIGITAL RIGHTS MANAGEMENT

More and more, publishers and vendors are trying to move from "thin copyright" (which favors the public's re-use) to "thick copyright" (which favors publishers' rights to restrict).

The problem with automated digital rights management solutions is that copyright and Fair Use is purposefully vague and often requires judges to make touch decisions. That complexity is hard to code in computer algorithms that, in the end, turn access on or off.

Additionally, the concept of "First Sale" may be lost. First Sale recognizes that the ownership of the physical item, such as a book or a CD, is not the same as owning the copyright to content itself. Under the first sale doctrine, the owner of a physical copy of a copyrighted work, like a book, is allowed to resell the item (or, in the case of libraries, lend the item). It does not allow the user to copying the item and sell or lend that. That would be the content.

Further, they may automate out use which is otherwise permitted by Fair Use.

But publishers clearly feel a lot is at stake, and they will continue to push DRM systems and solutions.