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Three Rules of Digital Rights Management

I was happy to see Doc talking with the Head Lemur about shifting the “Right to Listen” tactics:

We both sense the need to get the whole Independent Thing happening in a major way. Fighting politicians on their own turf is an icky necessity, but a far more enjoyable one will be getting independent artists, venues and media together. Let the MPAA and the RIAA protect the old star maker machinery. We’ve got better work to do.

If artists want to distribute their stuff locked up so tightly that I can’t sample it, share it, play it on every device in my house and quote it in my blog, then they should go ahead. And I hope we’ll band together in not buying their stuff.

Let the market decide.

In fact, here are my Three Rules of DRM. Each rule supercedes the previous one.

1. Companies that want to sell us works of creativity can do so with whatever enforceable licensing agreement they want.

2. Fair use isn’t just protected but is expanded in the face of the new reality.

3. The basic architecture of our computing and networking environment — which maximizes openness, connection and innovation — isn’t degraded.

Unfortunately, I don’t know if these three are mutually consistent.

[The traditional way the Problem of Evil – the fact that bad things happen in a world created by a perfect God – is formulated is: God is all-powerful, God is all-knowing, God is good: pick any two.]

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