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How can digital rights management restrict uses that might otherwise be considered fair use?
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Digital rights management (DRM) restricts uses that might otherwise be considered fair use by implementing technological barriers that prevent consumers from exercising control over the digital content they have purchased.12
While fair use traditionally allows for certain limited uses of copyrighted material, DRM technologies are designed to enforce strict control by copyright holders. These restrictions can manifest in several ways:12
- Limiting Access and Copies: DRM can prevent users from making backup copies or moving files between devices, even if such actions would be considered reasonable personal use.12
- Verification Requirements: Some software requires periodic connections to a server to verify a license; if the connection fails or the service is discontinued, the user may lose access to the product entirely.1
- Hardware and Repair Restrictions: DRM can prevent users from modifying or repairing their own property, such as diagnostic software in tractors, by labeling the circumvention of these digital locks as illegal under laws like the Digital Millennium Copyright Act.1
Ultimately, these measures create a conflict between the protection of intellectual property and the rights of consumers to utilize the products they own.1