It has been a very long battle that lasted years dividing users in two blocks: those favorable to standardize DRM in HTML specification versus those against DRMs at all.

The World Wide Web Consortium (W3C), that oversees the HTML development and other Web standards, published the Encrypted Media Extensions specification, also known as EME, as a Recommendation, with this meaning that EME is now an official Web standard. The approval came after a W3C’s members vote, and the approval won with the 58.4 percent, while a 30.8 percent voted against, and 10.8 percent abstained.

Encrypted Media Extensions

Encrypted Media Extensions is an extension to the HTMLMediaElement specification. In particular, it is an API enabling web applications to interact with content protection systems, allowing playback of encrypted media. As stated in EME specs:

This proposal extends HTMLMediaElement [HTML51] providing APIs to control playback of encrypted content.

The API supports use cases ranging from simple clear key decryption to high value video (given an appropriate user agent implementation). License/key exchange is controlled by the application, facilitating the development of robust playback applications supporting a range of content decryption and protection technologies.

This specification does not define a content protection or Digital Rights Management system. Rather, it defines a common API that may be used to discover, select and interact with such systems as well as with simpler content encryption systems. Implementation of Digital Rights Management is not required for compliance with this specification: only the Clear Key system is required to be implemented as a common baseline.

The common API supports a simple set of content encryption capabilities, leaving application functions such as authentication and authorization to page authors. This is achieved by requiring content protection system-specific messaging to be mediated by the page rather than assuming out-of-band communication between the encryption system and a license or other server.

A generic stack implementing EME is represented by the following diagram:

DRM W3C

  • Content Decryption Module: it’s a client component providing functionalities like decryption to Key Systems.
  • Key System: it’s a term for a content protection provider. Key System strings provide unique identification of a Key System, used by the user agent to select a Content Decryption Module and identify the source of a key-related event.
  • License Server: it interacts with the Content Decryption Module to provide keys to decrypt media.

The EFF Resignation From W3C

Groups favoring EME development have been corporations like Microsoft, Google, Netflix and Apple, while against this DRM standard are groups like the FSF and the EFF. In particular, EFF published an open letter to W3C:



Dear Jeff, Tim, and colleagues,

In 2013, EFF was disappointed to learn that the W3C had taken on the project of standardizing “Encrypted Media Extensions,” an API whose sole function was to provide a first-class role for DRM within the Web browser ecosystem. By doing so, the organization offered the use of its patent pool, its staff support, and its moral authority to the idea that browsers can and should be designed to cede control over key aspects from users to remote parties.

When it became clear, following our formal objection, that the W3C's largest corporate members and leadership were wedded to this project despite strong discontent from within the W3C membership and staff, their most important partners, and other supporters of the open Web, we proposed a compromise. We agreed to stand down regarding the EME standard, provided that the W3C extend its existing IPR policies to deter members from using DRM laws in connection with the EME (such as Section 1201 of the US Digital Millennium Copyright Act or European national implementations of Article 6 of the EUCD) except in combination with another cause of action.

This covenant would allow the W3C's large corporate members to enforce their copyrights. Indeed, it kept intact every legal right to which entertainment companies, DRM vendors, and their business partners can otherwise lay claim. The compromise merely restricted their ability to use the W3C's DRM to shut down legitimate activities, like research and modifications, that required circumvention of DRM. It would signal to the world that the W3C wanted to make a difference in how DRM was enforced: that it would use its authority to draw a line between the acceptability of DRM as an optional technology, as opposed to an excuse to undermine legitimate research and innovation.

More directly, such a covenant would have helped protect the key stakeholders, present and future, who both depend on the openness of the Web, and who actively work to protect its safety and universality. It would offer some legal clarity for those who bypass DRM to engage in security research to find defects that would endanger billions of web users; or who automate the creation of enhanced, accessible video for people with disabilities; or who archive the Web for posterity. It would help protect new market entrants intent on creating competitive, innovative products, unimagined by the vendors locking down web video.

Despite the support of W3C members from many sectors, the leadership of the W3C rejected this compromise. The W3C leadership countered with proposals — like the chartering of a nonbinding discussion group on the policy questions that was not scheduled to report in until long after the EME ship had sailed — that would have still left researchers, governments, archives, security experts unprotected.

The W3C is a body that ostensibly operates on consensus. Nevertheless, as the coalition in support of a DRM compromise grew and grew — and the large corporate members continued to reject any meaningful compromise — the W3C leadership persisted in treating EME as topic that could be decided by one side of the debate.  In essence, a core of EME proponents was able to impose its will on the Consortium, over the wishes of a sizeable group of objectors — and every person who uses the web. The Director decided to personally override every single objection raised by the members, articulating several benefits that EME offered over the DRM that HTML5 had made impossible.

But those very benefits (such as improvements to accessibility and privacy) depend on the public being able to exercise rights they lose under DRM law — which meant that without the compromise the Director was overriding, none of those benefits could be realized, either. That rejection prompted the first appeal against the Director in W3C history.

In our campaigning on this issue, we have spoken to many, many members' representatives who privately confided their belief that the EME was a terrible idea (generally they used stronger language) and their sincere desire that their employer wasn't on the wrong side of this issue. This is unsurprising. You have to search long and hard to find an independent technologist who believes that DRM is possible, let alone a good idea. Yet, somewhere along the way, the business values of those outside the web got important enough, and the values of technologists who built it got disposable enough, that even the wise elders who make our standards voted for something they know to be a fool's errand.

We believe they will regret that choice. Today, the W3C bequeaths a legally unauditable attack-surface to browsers used by billions of people. They give media companies the power to sue or intimidate away those who might re-purpose video for people with disabilities. They side against the archivists who are scrambling to preserve the public record of our era. The W3C process has been abused by companies that made their fortunes by upsetting the established order, and now, thanks to EME, they’ll be able to ensure no one ever subjects them to the same innovative pressures.

So we'll keep fighting to keep the web free and open. We'll keep suing the US government to overturn the laws that make DRM so toxic, and we'll keep bringing that fight to the world's legislatures that are being misled by the US Trade Representative to instigate local equivalents to America's legal mistakes.

We will renew our work to battle the media companies that fail to adapt videos for accessibility purposes, even though the W3C squandered the perfect moment to exact a promise to protect those who are doing that work for them.

Effective today, EFF is resigning from W3C.

With the resignation from W3C, EFF will start a new battle, athough it’s not clear, right now, how they will fight DRMs now that HTML has its own standard.

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