RE: Flame Linus to a crisp!

Downing, Thomas
2003-04-24T12:24:29Z

IMHO the DRM issue is not one that will be settled in either the software
or hardware area, but in the legal one.

What is driving DRM is the desire to control content beyond the point of
sale or distribution. This cannot be done in any absolute way by
purely technological means. Any such scheme only sets the bar for how
difficult it is to access the media in a way not intended by the vendor.

This is the motivation behind DMCA, EULA, and all their ilk. It does not
matter how open the software _and_ hardware are, if those with a vested
interest in strong control of media use have such laws, deep pockets, and
a willingness to aggressively prosecute those the consider in violation
of such laws.

If my contention is correct, then it follows that effective action against
abuses of DRM and related technologies are primarily political and legal,
not technological. This is not to say the technological side isn't
important - DeCSS is a case in point.

So this leads me to a position I would have, without reflection, not taken;
while I despise the current subversion of fair use and first point of sale
undertaken by MPAA, RIAA, et al., I agree with what I understand Linus to
say - DRM yes or no should not be mandated by license.