The Application of Digital Rights Management Systems in the Music Industry - An Empirical Investigation

Technology advances in hardware, software and IP-networks such as the Internet or peer-to-peer file sharing systems are threatening the music business. The result has been an increasing amount of illegal copies available on-line as well as off-line. With the emergence of digital rights management systems (DRMS), the music industry seems to have found the appropriate tool to simultaneously fight piracy and to monetize their assets. Although these systems are very powerful and include multiple technologies to prevent piracy, it is as of yet unknown to what extent such systems are currently being used by content providers. We provide empirical analyses, results, and conclusions related to digital rights management systems and the protection of digital content in the music industry. It shows that most content providers are protecting their digital content through a variety of technologies such as passwords or encryption. However, each protection technology has its own specific goal, and not all prevent piracy. The majority of the respondents are satisfied with their current protection but want to reinforce it for the future, due to fear of increasing piracy. Surprisingly, although encryption is seen as the core DRM technology, only few companies are currently using it. Finally, half of the respondents do not believe in the success of DRMS and their ability to reduce piracy.

The Principle of Proportionality in International Law

Whilst the principle of proportionality indisputably plays a crucial role in the protection of fundamental rights, it is still unclear to what extent it applies to other fields in international law. The paper therefore explores the role it plays in selected fields of public international law, beyond human rights. The examination begins in the classical domain of reprisals and in maritime boundary delimitation and continues to analyse the role played in the law of multilateral trade regulation of the World Trade Organization and in bilateral investment protection. In an attempt to explain differences in recourse to proportionality in the various fields, we develop in our conclusions a distinction between horizontal and vertical constellations of legal protection.