The unfair play of DRM Technologies: Rereading the Rules of the Game from the Consumer's Perspective

The existing methods of distributing digital content on the mass-market generate two kinds of consumer protection concerns. First of all, consumers are not always in a position to be acquainted with what they can and cannot do with their digital content. A lack of proper information and the ensuing failure of the products to meet the consumer’s expectations inevitably gives rise to discontent. Secondarily, as weaker party in the transaction, consumers have often no other alternative but to accept or refuse the restrictive terms of use, even if these could be regarded as unfair. The article investigates whether European and American laws are susceptible of amendment to accommodate the needs of digital consumers.