One of the major advantages of the DMP/ MPEG approach compared to many other DRM specificatons is that it is possible to express Creative Commons licenses. An interesting question is whether the mobile phone industry’s DRM systems will support the use of content with CC licenses or not.
One could claim that as long as End-users pay for their services of delivering Content between mobile handsers the providers don’t mind whether the content is CC or not.
On the other hand, if the mobile service providers take over the role of content aggregators (e.g. broadcasters, providers of portal services like e.g. search, metadata,…) the exclusive right to broadcast and retransmit third party content matters. Intellectual property rights for broadcasters are subject of the current WIPO negotiations on a draft text for a new treaty on “broadcasting” (see James Love’s brilliant blog posting). If this new draft becomes law, a mobile service provider could legally enforce that P2P distribution of his Content is prohibited.
It seems that broadcasters arm themselves for protecting their traditional digital media business models (DMBM) in an environment of interoperable digital media. However, I predict that they will lose this battle against licensing models that allow retransmission of content. Ad personalisation is the business model of Youtube where a relatively weak content protection is combined with personalized Ads. This business model seems to be more efficient than protecting each content item with strong encryption, because P2P content distribution of content could save bandwidth.
Moreover, many rights holders provide valuable content under an Open Content (e.g. CC) license in order to promote other services (e.g. live events). The business model for this content is promotion. If the mobile industry excluded the CC licensing schemes completely they would shoot themselves in the foot.