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without making an extra payment, even if he has the right to do so under traditional fair
use standards. Selena Kim writes:
In the analogue world, people go ahead and use the work if they believe themselves
entitled to do so. It is only if users are sued for infringement that they invoke the
relevant copyright exceptions as defence. In a digital world encapsulated by access
control and embedded with copy control, a potential user of a work may have to
ask for permission twice: once to access a work, and again to copy an excerpt. The
exception to copyright is not being put forward as a defence; it is put forward to
show entitlement to use the work. [65, p. 112]
DRM restrictions sometimes prevent libraries from reformatting materials to make
them more accessible to persons with disabilities. In addition, DRM protections, unlike
copyrights, never expire [66].
Finally, some DRM schemes prevent people from anonymously accessing content.
Microsoft's Windows Media Player has an embedded globally unique identifier (GUID).
The Media Player keeps track of all the content the user views. When the Media Player
contacts Microsoft's central server to obtain titles, it can upload information about the
user's viewing habits.
4.5.8 Online Music Stores Drop Digital Rights Management
When Apple began selling music through the iTunes Music Store in 2003, all of the songs
were protected with a DRM scheme called FairPlay. FairPlay blocked users from freely
exchanging music they had purchased by preventing songs from being played on more
than five computers or being copied onto CDs more than seven times. FairPlay had two
other “features” that were strong incentives for consumers to stick with the Apple brand:
music purchased from the iTunes store couldn't be played on portable devices other
than the Apple iPod, and DRM-protected music purchased from other online retailers
couldn't be played on the iPod [67].
Consumers complained about the restrictions associated with DRM, and eventu-
ally music retailers responded. In 2007 EMI announced it would begin offering all of
its songs without DRM through the iTunes Store for $1.29, 30 cents more than the pre-
vious price [68]. A year later Amazon became the first online music store to reach an
agreement with all four major labels to sell music free of DRM restrictions [69]. Apple
followed suit in 2009 with an announcement that it, too, had reached an agreement with
all the major music labels to sell music without DRM restrictions [70].
4.5.9 Microsoft Xbox One
In June 2013, Microsoft announced that it was creating a cloud-based gaming experience
to coincide with the launch of Xbox One. In the new environment people would be able
to play their games from any Xbox One without the disc being in the tray, and every
Xbox One would automatically be kept current with the latest system and application
updates [71].
Consumers soon learned about the restrictions accompanying these benefits, and
their reactions were overwhelmingly negative. Three features of the proposed licensing
 
 
 
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