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What Every Citizen Should Know About DRM, aka - Public Knowledge

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II. <strong>What</strong> Does <strong>DRM</strong> Look Like?The “fingerprinting” approachA fingerprint is a type of mark that is not added tothe content, but is extracted from the preexistingcharacteristics of the content. 16 For example, if thecontent is a recorded song, then the fingerprintmay be derived from the song’s tempo, its rhythms,the length of its verses or movements, and mix ofinstruments used, and/or other features.To be effective, a fingerprinting method must be:❚ Unique or At Least Precise: Two pieces ofcontent that look or sound different to a personshould almost always have different fingerprints.❚ Difficult or Impossible to Remove: It must bedifficult or impossible for an unauthorized partyto alter the content in a way that changes its fingerprint,except by unacceptably damaging theperceptual quality of the content.To be successful, a fingerprinting method mustmeet both of these requirements. A number ofcompanies offer fingerprinting technologies thatclaim to satisfy these requirements, but none ofthese claims has undergone independent scientificscrutiny. As a technical matter, it has not beenindependently established whether it is even possibleto meet both requirements simultaneously.Since the fingerprint is derived from the preexistingcontent, it cannot be used to store informationabout the content, such as an enumeration ofauthorized uses. (By way of analogy, your actualfingerprints may be unique to you, and may serveto identify you, while telling us nothing at all aboutyour legal status.) Instead, the fingerprint acts as aunique identifier for each piece of content, and thisidentifier can be used to access an external databasecontaining information about each piece of con-Can “Fingerprinting” Work?As stated above, a fingerprint is a “mark” that isextracted from the preexisting characteristics of thecontent. For example, if the content is a recordedsong, then the fingerprint may be derived from thesong’s tempo, its rhythms, the length of its verses ormovements, the mix of instruments used, and similarfeatures.To be effective, a fingerprinting method must be:❚ Unique or At Least Precise❚ Difficult or Impossible to Remove:As is the case with digital watermarks, it is not establishedwhether it is even possible to meet these twocriteria simultaneously.Unlike a watermark, which can carry instructionsabout how content is to be treated, a fingerprint carriesno descriptive data about the content but can only toserve as a unique identifier for a particular content file.Information about the copyright status and permissionsassociated with the content cannot be stored inthe fingerprint, but must be obtained from a databasesomewhere. It follows that in a <strong>DRM</strong> system based onfingerprinting, every player must be connected to theInternet (or some similar system) so that it can contactthe database to check the status of each content filebefore playing that file. This fact rules out the use offingerprinting in many <strong>DRM</strong> scenarios.There has been no generally recognized public scientificresearch on the question of whether a fingerprintingmethod can be both precise and persistent.This is not to say that there may be no use for fingerprinting.As it happens, fingerprinting has uses otherthan <strong>DRM</strong>, and the evidence indicates that it haspromise for those other uses. The key unansweredquestion is whether a fingerprint can be persistent —whether an attacker can find a way to modify thecontent so that the fingerprint changes, without damagingthe perceptual quality of the content. In theabsence of evidence suggesting that fingerprints arepersistent, it is appropriate for us to be skepticalabout them.12

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