Interesting post over on Ed Felten’s blog:
Frank Field offers an interesting analogy:
DRM is a folding chair – specifically, it’s one of those folding chairs that people use after shoveling out the snow from a parking space that they use to claim it after they drive away.
For those of you who don’t have to cope with snow, I know that sounds incredible (it was to me when I moved here from South Carolina), but this is a real problem in cities with limited parking and poor snow removal. People who shovel out their cars will have a ratty old folding chair or an old street cone or, if they’re feeling really aggressive, an old kid’s toy that they will plant squarely in the middle of the shoveled-out parking space. This object “marks” the spot, and everyone knows what it means – this is my spot: park here and you will suffer the consequences.
This struck me, in part, because it echoes an example I like to use. When teaching about the theory of property, I start with a class discussion about whether there should be a property right in shoveled-out parking spaces. It’s a helpful example because everybody understands it, few people have a predisposition one way or the other, and it exposes most of the tradeoffs involved in creating a new form of property.
…
But Frank’s analogy does work very nicely in one dimension. DRM developers, like Cambridge folding-chair owners, are trying to establish a social norm that people should keep out of the territory they claim. Such claims should be evaluated on their merits, and not just taken for granted.
The whole post is a pretty good read, so give it a whirl.
I have to agree with the first comment over there: DRM systems don’t trash user’s computers YET. A Senator Berman sponsored bill, I think, was an attempt by the RIAA and MPAA to get those rights from Congress.





May 11th, 2004 at 12:18 pm
I’m not even concerned about DRM schemes that attempt to damage your machine. Even if they found a way, the liability would be too high to put that sort of software into any program.
What I am really concerned about is hardware based DRM. There is no way that software based DRM can ever stop piracy; Playfair and Wiretap prove that. There is always a way around it.
I’ve seen some proposals that talk about making everything, up to and including the screen and printer, part of a hardware based encryption system. Everything being encrypted until it actually reaches the end stage of the output device. You would no longer own your computer. Parts that didn’t conform to the DRM rules wouldn’t work with parts that do. The hardware industry would love this as would content manufacturers.
While there are still hardware based systems that could do the job, these are much harder to build and more expensive. Not to mention that systems that include hardware DRM will be more expensive and you will be less able to get parts. And Woah be it when one of these systems are cracked - the scheme will change, rendering a huge number of machines unusable.
May 11th, 2004 at 12:48 pm
Microsoft has this already proposed (Paladium or NGSCB): http://www.microsoft.com/resources/ngscb/default.mspx
May 11th, 2004 at 4:05 pm
I just noticed that I am wearing my T-Shirt that has the code for DeCSS silkscreened on the back.
May 11th, 2004 at 10:53 pm
Playfair is now available under the name Hymn. It has much better legal grounds and it is now fully Open-GPL compliant. It also leaves the iTunes ID still attached to song, in order to demonstate that the idea is Fair Use and no piracy.
May 11th, 2004 at 11:02 pm
Wait. I’m a folding chair?
May 11th, 2004 at 11:05 pm
I think it still violates the DMCA.
May 11th, 2004 at 11:06 pm
Dan, you are OUR folding chair.