Surefire Way To Stifle Innovation

denissmith writes "C|NET has a very funny piece by Patrick Ross, where he pooh-pooh's Congressman Rick Boucher's (D-VA) efforts to protect Fair Use by claiming that it will stifle innovation." From the article: "If HR-1201 becomes law, every consumer could legally hack any TPM by claiming fair use, and as fair use isn't codified, there would be as many definitions of it as there are consumers. Consumers would be legally sanctioned to break their contracts with the content provider. No sane business operator enters a contract in which one party has the right to disregard its terms at will, but that's what HR-1201 permits. That hated TPM would disappear from the market, as there's no reason to employ a lock if everyone has a legal right to the key. But as TPM leaves, so do the digital offerings that come with it."

Comments

Re:This guy is an industry shill

[MORTAR_COMBAT!]

every law that passes by definition limits freedom. if you would like to be rid of your freedom to license /your own content/ under the contract you would decide to offer it under, be my guest. don't go making decisions for me or thousands of other musicians, programmers, and artists and create blanket laws against DRM or induce compulsory licensing:

If you like the idea of compulsory licensing, I hope you like the idea of compulsory labor. Are you a COBOL badass? Guess what, ACMESoft can compel you to write COBOL code for them at $15/hr, no matter what other companies may be willing to pay you. Do you like this idea? If not, then you should re-think any kind of attachment to compulsory licensing. Let's imagine that 2000 persons in the United States are very, very good at COBOL. Guess what, you are now a collective "monopoly", how DARE you charge $100/hr for fixing and maintaining COBOL code!? What, "anybody" can learn COBOL? Just like "anybody" can pick up a $50 pawn shop guitar and start playing?

yes, the dmca is horrible and bad and should be summarily destroyed. but contract law is more important than fair use and must be enforced above it.

summary: don't like DRM? don't buy it.