DIGITAL RIGHTS MANAGEMENT EXPERT WITNESS TESTIMONY & CONSULTING SERVICES

Digital rights management expert witness testimony consultants and testifying pros say that DRM refers to the technology used to protect digital content from unauthorized access, copying, and distribution. In the context of video games, music, movies, and software, it aids with regulating top digital rights management expert witness providers say how products are accessed and used. Consulting pros are called upon in various legal cases to clarify the nuances surrounding the use of DRM systems and their implications for consumers and creators.

1. Intellectual Property and Copyright Infringement

In cases involving copyright infringement, digital rights management expert witnesses assess whether DRM protections are being properly enforced or circumvented. SMEs evaluate whether unauthorized copying or distribution of digital content is occurring and whether copy protection was bypassed to facilitate the infringement. Consultants help determine if DRM violations are impacting the copyright holder’s ability to protect their work.

Products they cover:

• Adobe Acrobat

• Windows 10

• iTunes

• Microsoft Office

• The Witcher 3: Wild Hunt

• Minecraft

• Battlefield V

• Call of Duty: Modern Warfare

• FIFA 21

• The Sims 4

2. Consumer Protection and Fair Use

Solutions are sometimes criticized for limiting consumer rights, such as fair use or the ability to make backup copies. In cases involving consumer protection, digital rights management expert witnesses assess whether DRM restrictions are too stringent or unfairly limit users’ rights to use legally purchased content. Consulting pros also testify about whether practices mislead consumers or violate consumer protection laws.

Products they cover:

• Halo: The Master Chief Collection

• Horizon Zero Dawn

• Dead Space

• Grand Theft Auto V

• Resident Evil 2 Remake

• Red Dead Redemption 2

• Dark Souls III

• DOOM Eternal

• Far Cry 5

• Shadow of the Tomb Raider

3. Licensing Disputes and Terms of Service

DRM is closely tied to licensing agreements and the terms of service under which digital content is distributed. And so a digital rights management expert witness evaluates whether digital content providers’ terms regarding DRM usage are fair, clear, and enforceable. Advisors would also assess if licensing agreements align with its intended purpose or if they impose unreasonable restrictions on users.

Products they cover:

• Steam (digital distribution platform)

• UPlay (Ubisoft’s game platform)

• Origin (EA’s digital storefront)

• PlayStation Network

• Xbox Live

• Apple Music

• Google Play Music

• Spotify

• Amazon Kindle

• Netflix

4. Circumvention and Piracy Cases

In cases of piracy or circumvention, digital rights management expert witnesses analyze how individuals or groups bypass protections. Consultants evaluate the methods used to break or circumvent DRM systems, such as cracking or reverse engineering. Leaders provide insights into how these actions affect content creators and the broader market for digital goods.

Products they cover:

• Adobe Photoshop

• Windows 7

• iTunes Movies

• PS4 Games

• Xbox Game Pass

• Call of Duty Warzone

• Elder Scrolls Online

• Star Wars Battlefront II

• Assassin’s Creed Origins

• WWE 2K20

5. Antitrust and Competitive Practices

DRM can sometimes raise concerns about antitrust or anti-competitive behavior, particularly if a dominant player in the market uses the solution to restrict access to content or make it difficult for consumers to switch platforms. And so digital rights management expert witnesses testify about how DRM practices could potentially create monopolistic or anti-competitive environments and whether such practices harm consumers or restrict market competition.

Products they cover:

• Apple iTunes

• Steam

• Epic Games Store

• PlayStation Store

• Amazon Prime Video

• Microsoft Windows

• Google Play Store

• Roku

• Vudu

• Spotify

Noted digital rights management expert witness assist in cases related to intellectual property, consumer protection, licensing disputes, piracy, and antitrust issues. Folks provide critical insights into how DRM systems function, their implications for consumers, and their role in protecting or limiting digital content usage.