Comments on: More on Physical, Technological, and Legal Barriers

By: Kevin Marks

Kevin Marks — Thu, 09 Feb 2006 22:46:18 +0000

DRM fences are enclosures built within your property. As such they (and particularly the DMCA) should be banned on 5th amendment grounds.

By: Kevin Marks

Kevin Marks — Thu, 09 Feb 2006 22:46:18 +0000

DRM fences are enclosures built within your property. As such they (and particularly the DMCA) should be banned on 5th amendment grounds.

By: Russell McOrmond

Russell McOrmond — Wed, 08 Feb 2006 18:46:55 +0000

While I agree that anti-fence-circumvention laws are excessive, I don't agree with the analogy.

With DRM the "fence" is not around the DRM encoded content, but around the technology with the keys used to decode the content. Most people believe they are the owners of the devices they purchased (Their home computer, their MP3 player, their stereo).

We need governments to decide if private citizens are going to be allowed to own personal ICT tools. Ownership means not only that they should be able to control these tools for lawful purposes, but that it would be illegal for some third party to put a "fence" around their property without their express permission.

Unauthorized DRM is trespass, circumvention is not.

By: Russell McOrmond

Russell McOrmond — Wed, 08 Feb 2006 18:46:55 +0000

While I agree that anti-fence-circumvention laws are excessive, I don't agree with the analogy.

With DRM the "fence" is not around the DRM encoded content, but around the technology with the keys used to decode the content. Most people believe they are the owners of the devices they purchased (Their home computer, their MP3 player, their stereo).

We need governments to decide if private citizens are going to be allowed to own personal ICT tools. Ownership means not only that they should be able to control these tools for lawful purposes, but that it would be illegal for some third party to put a "fence" around their property without their express permission.

Unauthorized DRM is trespass, circumvention is not.

By: BobK

BobK — Tue, 07 Feb 2006 06:45:23 +0000

You write, "As Robert Frost famously noted, good fences make good neighbors."

Before you go to press with that line, read the Frost poem! He mentions it to take issue with the notion. "Something there is that does not love a wall . . ."

By: BobK

BobK — Tue, 07 Feb 2006 06:45:23 +0000

You write, "As Robert Frost famously noted, good fences make good neighbors."

Before you go to press with that line, read the Frost poem! He mentions it to take issue with the notion. "Something there is that does not love a wall . . ."