Re: Disabled folks and DRM and PDFs

* From: “Kestrell”
* Subject: Re: Disabled folks and DRM and PDFs
* Date: Tue, 20 Feb 2007 18:29:15 -0500

The head librarian at the Library of Congress has made numerous
statements declaring that people with disabilities who find ways to
circumvent DRM in order to access books are exempt from prosecution. I’m
not sure this would hold up in a case of law, but it certainly would
make things interesting. I’m sure you could find some of these
statements either through Google or the National Library Service for the
Blind Web site
http://www.loc.gov/nls .
I know some indie presses use DRM-free PDF, but the biggies like Amazon
don’t, though their html docs are DRM-free. The sad part is that even
libraries for people with disabilities use DRM, so you cannot play their
books except on quote special unquote playback devices which have the
DRM hardwired into them, plus the DRM included in accessing the actual
digital files.

Kestrell
The Blind Bookworm Blog
http://kestrell.livejournal.com

Well, is anybody interested in giving me a hand!

mike

I think we are right to some degree. The specialized format of the cassettes was a very weak copy protection but it satisfied the letter of the law. It is a specialized format that generally denies use by the “average” player or citizen. A DRM is not simply a specialized format that denies use in the same way the 4-track cassettes deny use. A special format such as the Daisy format could deny use by the average MP3 player or computer without Daisy firmware/software. This would not be a DRM (encryption) but something more akin to the 4-track cassette and player. It should be noted that a simple key system without encryption could also be used and be platform independent. Since an individuals key would be unique to the patron and device it could also be traced. If the firmware/software were an open source solution any future devices needing it could be supplied with the software/firmware. This would all be dependent upon obtaining a key from your talking book library. Open Source or Source Forge could also bring the force of many talented programmers to such a product and keep it up to date for many devices. It would also encourage such companies as Apple and others to make previsions for such software in there SDK’s.

Thanks Guys,
Michael
Goodnight

Under U.S. copyright law, NLS is authorized to reproduce and distribute talking books without copyright infringement as long as they are produced in a specialized format exclusively for use by blind or other persons with disabilities.

I think that this sentence suggests why government functionaries think DRM is needed. Note that I am not trying to justify DRM. Personally I think DRM for audio files and ebooks is a very bad idea for the disabled and for the general public.

The GAO wants the government to save money. So they want an investigation into strategies that leverage existing commercial enterprises such as CD manufacturing. The GAO Report mentions “one-way mailing of CDs to subscribers”. In fact, this method is used by Recording for the Blind & Dyslexic (RFBD) a non-profit organization in the U.S. But the disks they mail still have DRM and require the use of special players for listening. Each player is programmed with a User Authorization Key (UAK).

RFBD also has a system called AudioAccess that allows the downloading of audio files. The audio files use the DRM system that Microsoft has implemented in the Media Player that is included with every recent Windows OS system. So RFBD is leveraging the existing commercially deployed infrastructure of Microsoft.

This DRM based technique is also used by a large number of libraries in the United States for the general public. Libraries contract with NetLibrary or OverDrive and patrons can then download audio files from a website. The audio files use the DRM system that Microsoft uses in its Media Player.

A writer at Wired magazine complained about this in an article titled Public Libraries, Private DRM. Also OverDrive has promised that more of its files will be DRM-free as reported at TeleRead in the article OverDrive: ‘Much more content without DRM’ promised for libraries in ‘09.

http://www.gao.gov/products/GAO-07-871R

Here is the ‘Recommendations for Executive Action’:

To ensure that the best solution is selected and effectively delivered to talking book subscribers, the Librarian of Congress should require the Director of NLS to develop and document analyses of alternatives, including technologies and distribution options, before continuing further work on the talking book modernization project. At a minimum, these analyses should

(1) identify and consider alternatives for all aspects of the talking book program,
(2) consider the use of commercial products and services,
(3) fully analyze the initial acquisition and life-cycle costs of each alternative,
(4) provide support for key technical conclusions, and
(5) be consistent with library guidance.

We also recommend that the Librarian of Congress require the Chief Information Officer to oversee these efforts and ensure that they are accomplished in accordance with library guidance.

Based on the excerpts below it appears that the people at NLS think it is necessary to disallow access to talking books by the “general public”, and they are using DRM to comply with the law as they interpret it. The first excerpt is about the existing tape format and the second excerpt is about the new digital format:

Why does there need to be a special player for talking books?

Most ordinary cassettes play for sixty to ninety minutes. Using the special four-track, half-speed NLS format, a tape that would normally play only ninety minutes can play for six hours. The additional playing time helps save money on the number of cassettes and makes books easier to use. Also, the NLS format makes the books unusable by the public, a requirement under the U.S. copyright law that permits NLS free use of copyrighted material.

The NLS Flash newsletter in 2005 discussed DRM in an article The Digital Transition: A Progress Report:

The Chafee Amendment relaxes copyright infringement laws for not-for-profit organizations who reproduce and distribute books for blind and physically handicapped readers, as long as special formats are used. For the current project, this required protection is called digital rights management (DRM).

According to Neil Bernstein, NLS research and development officer, “DRM utilizes encryption to allow access to digital book files by eligible readers only. In our system, all NLS patrons get the keys to unlock the book. The general public will not be able to read it.”

Another question raised in the letter is whether talking books from the Library of Congress are being “pirated” now. The answer is yes. The talking books in tape format have been converted to MP3 and are available in pirate channels.

Will the new digital talking books with DRM be converted to MP3s and shared through pirate channels? I would guess that there is no significant obstacle to conversion via the “analog hole”, hence the answer is probably yes.