1. Content protection systems relating to the emerging formats of HD-DVD and Blu-ray, and the built-in capability of these devices to be authorized and de-authorized via the internet in order to combat “cracking” of codes, particularly of players. Of particular interest in these new standards is not only the internet connectivity required for next generation devices (and the ambiguous area of transmitting this data as part of the user agreement), but also that this new form of protection actually shifts the burden of legality to the consumer, rather than the manufacturer. What will happen, for instance, if a player is de-authorized through no fault of the consumer? Of additional interest is the embryonic proposal that even things such as the licensing and royalty payments owed by the manufacturer might ultimately be passed through to the consumer in the form of the de/authentication of devices. Again, if a manufacturer refuses to pay its royalties (as is often the case) does the licensing body have the right to de-authorize a player once it is in a consumer’s home. It is my hope that research done in this area will positively influence and impact not just CE manufacturers and Licensing Groups, but also protect the consumer that is expected to make a substantial investment in next generation technology.
2. The emergence of “darknets” (secure, encrypted, private file-sharing networks) and next generation file sharing applications and their impact on both the CE and movie industries. This in many ways is a subset of #1 (above) but touches many of the same issues. Content protection systems conceivably will have to shift to the consumer device independent of content. In other words, the emergence of security chips at the processor level may be required at some near-future date to “read” the content and then “decide” if it can be played. This is a very dark area indeed and deserves further illumination. Of additional interest are two related items: next generation file sharing networks will store data “hidden” from the user on the users hard drive, or other readable media that is accessible. In the case of movies, music and even some pornography, the question will arise as to the user’s culpability. Claims that the user did not know what was on his or her device may carry no weight as a legal argument. Furthermore, as the sophistication of encryption and encrypted networks grow, could users conceivably be charged with addition Federal crimes relating to munitions laws in the transmission of secure, encrypted data during commission of a theft (e.g. movie piracy)?
3. Of some interest are initiatives, for example by Microsoft, of licensing items such as USB port functionality in upcoming systems. This is demonstrated by the move for device and software manufacturers to pay a fee in order for their devices to work with an OS. In short, this obviates the traditional USB plug-and-play expectation, and weakens the standard. Added to this, is the move towards High Definition devices that may automatically obsolete a consumer’s PC, as in the proposed case of Vista. Like many licensing and royalty plans, this move by an operating systems manufacturer, including the developers of content codices, may be perceived in terms of anti-competitive and anti-trade. Particularly on the international front, this move to yet one more layer of OS operability and licensing has tremendous potential impact on the consumer and potentially will need to be reviewed by European and US courts.