Applied ResearchConsuming Digital Rightscompany The Pirate Bay. Active locations wherethese issues are occurring include Hulu, Amazon,and numerous sites where users can download orview content—whether legally through sites such asNBC or illegally through other servers. Although sitessuch as Hulu and Netflix have the copyright holder’sauthorization to host and distribute content, YouTubeand other third-party sites are rife with illegal content.According to Arnab and Hutchinson (2005, p. 3),“while DRM protected media is often sold as the user‘buying’ the digital work, the actual process is morelike licensing.” It is the confusion over this issue thatmost affects the user experience, which is complicatedby international issues.Laws regarding DRM vary from country to country.For the focus of the cases later in this article, the lawsof the United States and the European Union (EU)are most relevant. The World Intellectual PropertyOrganization (WIPO) is part of the United Nations. In1996, the WIPO Copyright Treaty (WCT) was signed,requiring member nations to implement laws againstcircumventing DRM. As part of this requirement, in1998 the Digital Millennium Copyright Act (DMCA)was passed in the United States. In 2001, the EUadopted the European Directive on Copyright. Insome instances, incidents occur when geography andcitizenship come into conflict with these DRM laws.In mapping these experiences, the focus is on theperspective of users trapped within these systems.Certainly, mapping can be done from the perspective ofthe corporations, but that is not the goal of the types ofdesign exercises for technical communicators discussedin this article.In addition to preparing technical communicatorsfor designing systems, an understanding of DRM andcopyright issues can empower us as user advocates.These issues are critical to technical communicatorsbecause these laws, policies, and incidents have a directeffect on the experiences we build for our users. Inlight of recent decisions made by product managers,intellectual property lawyers, and policy makers, ourrole as advocates for our users is critical if we are tosee improved experiences that can transcend nations,systems, and technologies.Brief Background on TechnicalCommunication and International IssuesTo understand the impact of these issues for the field,we must briefly look at research in international andintercultural issues in general and copyright specifically.It is imperative that technical communicators be involvedin these design and policy conversations. Regarding theissue of technical communicators working on theseinterface design issues, Bill Hart-Davidson (2001, p. 146)asked, “Why not us?”—a question that informationdesigners, information architects, and content developershave already successfully answered as they take theirplaces on product development teams. There is astrong, still-evolving movement within the field tofocus on these issues. As Michael Albers (2005, p. 271)reflected on the future of the field, “The knowledgerequired for developing, arranging, and presentinginformation requires an understanding of the varioustechnologies and tools available and an understandingof how the audience responds to those technologiesand tools. Writing is only one element of providing thatinformation; to ignore the other elements is to ensureboth our long-term obsolescence and lack of power andrespect within the project team and corporation.”Recent moves in technical communication towardredefining our research and assumptions concerninginternational and intercultural issues have led to anemerging set of research aimed at investigations into“audience, purpose, rhetorical patterns, and documentdesign” (Hayhoe, 2006, 141). Studies examining issuesof ethics and intercultural issues (Voss & Flammia,2007) give insight into the difficulties of navigatingcultural differences in writing. Studies addressing issuesof design give insights into localization (St.Amant, 2005)and internationalization (Zahedi, Van Pelt, & Song,2001). Arguments for writing material in the context ofthe culture within which it will be used (Wang & Wang,2009) are important for understanding how to design foryour users. In the case of laws, policies, and interfaces fortechnology, such an understanding is critical.In conducting international research, Thatcher(2001) stated, “For intercultural researchers to validlycompare two or more cultures, they must focus onthe more generalized patterns in each culture, which302 Technical Communication l Volume 57, Number 3, August 2010
Applied ResearchLiza Pottsdoes not permit a close-up, ethnographicanalysis of the differences in each culture.”The diagramming outlined in the next sectionseeks to mark these generalized patternsfor technical communicators to developappropriate communication tools for thesescenarios and for legal scholars to respond tothese issues.As digital content moves across nationsand cultures, user experiences are coming intoconflict with various laws and regulations.Mounting concerns over how consumersshould experience content are shiftingtraditional notions of content distribution andintercultural use. Overlaps and issues betweenculture and communication, copyright andDRM are issues that technical communicatorsmust be aware of to work effectively intoday’s global context of online interaction.Copyright holders, eager to see profits fromthe content they have produced, are beingmet by consumers who expect content to bedelivered to them in immediate, context-awareways. Technical communicators must understand theintersections between laws and expectations if they areto influence the design of these systems and policies.Diagramming and Actor Network TheoryParticipantDiagramming system behavior and use is a criticalstep in the software development process. Dependingon the team member’s role and the product’s state,a number of specific formats and templates exist tocommunicate design choices and system actions acrossdevelopment teams. It is also useful for legal scholars tounderstand how these systems operate so that they willknow what kinds of intellectual property issues are inquestion within a given scenario.For technical communicators, this diagrammingapproach is a central technique for usability studies.By mapping the use of these systems, we can locatemissing steps and features, as well as test the logic ofthese processes. Such walk-throughs on paper help usdiscover issues before we invest in building technologies.Transferring the concepts of mapping for usability toFigure 1. UML Use Case diagram for Hulu participantsSearch for aTelevision ShowWatch TelevisionShowRecommendTelevision Show to Othersmore general technical communication practices canbenefit our work. Mapping the macroscopic issueswithin these participatory experiences can help usvisualize intercultural collisions, communication misfires,and policy issues. In doing so, we are better prepared tohelp influence the development of these systems andpolicies to benefit our users.One of the methods most often used fordiagramming software design is the Unified ModelingLanguage (UML). UML diagrams such as the Use Casediagram illustrate possible operations that a systemcould support (Figure 1). Such a diagram maps whattasks a person could attempt within a given system,taking a macroscopic view of the activities that thesystem must support. These diagrams are useful whenthe product team is discussing the overall experiencedesign of a given system or service.Another UML format, the Activity diagram, listsa user’s workflow through a single task (Figure 2).While Use Case diagrams pinpoint the major scenariosthat the system must support, Activity diagrams areflowcharts that pinpoint the systematic actions thatusers will take to interact with a system (Fowler, 2003).In this map, a specific scenario is captured to describeVolume 57, Number 3, August 2010 l Technical Communication 303
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AUGUST 2010Volume 57 Number 3SPECIA
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PresidentMichael A. HughesVice Pres
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VoLuME 57, NuMBER 3AUGUST 2010ISSN
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Guest EditorialKirk St.Amant and Ma
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Book ReviewsOtherwise, Beech shows
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