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The Technology Liberation Front » Archive » Is DRM the Devil? The Debate over Digital Rights Management, Trusted Computing and Fair Use in Copyright Law

Started by TLF · 11 months ago

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9 comments

Anonymous
4 years ago

Adam, I think you'll find in my DRM essay, which you link to, quite a bit of sympathy for a DRM arms race. Indeed, the market distortions right now are due to legislative measures like the DMCA, which is used to prevent DRM from being circumvented (a key part of the arms race).

Mike Godwin
4 years ago

(Sorry, that anonymous message above is by me.)

--Mike

Tim Wu
4 years ago

Another way of stating the problem is this. There is way too much ex-ante regulation of DRM, or discussion of it, based on what it might look like and what it might do. I favor, and I think American law at its best favors waiting to see what actually happens and stepping when harm is clear and proven.

And then by harm a mean real harm: harm to consumers, not industry competitors.

Institutionally, this leads to an anti-DMCA, anti-Induce Act, anti-Pirate Act -- basically anti-Congressional stance, in favor of court-driven copyright. Courts tends to be more ex-poste.

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