Mandated interoperability for TPMs?
The reason there's a net neutrality debate in the U.S. right now is that there is inadequate competition in the market for broadband access services.
When that competition heats up (either intermodal, which means that the competitor doesn't have to use existing DSL or cable networks, or intramodal, which means that the competitor DOES have to use existing networks), there will be much less reason to worry about the amount of gatekeeper control the network providers will be exercising. Users will have choices.
The market for DRM, or “technical protection measures,” by contrast, is competitive. We have a full complement of techniques of all kinds, from all kinds of manufacturers, at many layers of the protocol stack. These TPMs are competing and evolving in unpredictable ways.
So I was surprised to learn that there's a major movement afoot in France (and soon in other European countries) to mandate that all TPMs be interoperable. In particular, the French Constitutional Court will rule someday soon as to whether a statutory provision to this effect should be upheld.
The statute requires that ”suppliers of technological measures shall provide access to the information essential to interoperability.” It doesn't seem to be limited to TPMs that have been found to be dominant in their markets — in fact, the definition of TPM is very broad indeed: anything that frustrates an unauthorized use of content.
“Information essential to interoperability,” in turn, is defined as “the technical documentation and the programming interfaces necessary to allow a technological device to access.” In other words, any and all information someone claims to want with respect to interoperability will have to be made available.
Take a deep breath here. Before you react with distaste for all DRM, remember that government-created technical mandates are generally not a great idea. This one involves the creation of — get this — a “Regulatory Authority of technical measures.” That authority will take a look at interoperability claims and make a decision. It will have the power to issue injunctions and financial penalties.
It's hard to understand why anyone would think this is a good idea. Also — bad ideas hatched in Europe often come to our shores later. So we should watch this one closely.