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by 4bpp 3203 days ago
> Really? I can see a pretty good argument for why it SHOULD be legal. If I want to post some content I make online why shouldn’t I be able to try to protect it?

The current state of affairs is that it's not just legal to use DRM, it's illegal (DMCA) to try and break a DRM scheme, _even if you do so in order to exercise your legally guaranteed fair use rights_.

It seems to me that there should be some sort of sort of moral right to self-defense that applies here: just like society/the law recognises that it is morally acceptable to use deadly force to defend yourself from someone who is trying to murder you (even if it wouldn't be otherwise), we can recognise that it is morally acceptable to use the legal equivalent of deadly force (ban DRM, make it illegal for them to enforce their right to protect their content) in self-defense (against them using DRM to make it illegal for you to enforce your right to fair use).

More bluntly: Content creators, with their support of the DMCA, have proven that they have no concern for my rights or freedoms. What standing do they have to expect me to have any for theirs?

1 comments

Like I said I support better fair use laws as I know that’s a real issue right now.

The comparison to deadly force.... seems hyperbolic. No one is in mortal peril. I would have voted you up without that. Those kind of statements make it impossible to have/take discussions like this seriously.

I wasn't meaning to say that the legal prohibition to do something in this case is comparable (similarly bad) to deadly force; rather, I believe the relation between "prohibit DRM" and "use DRM to prohibit exercise of rights" is similar to that between "kill (in self-defense)" and "murder", and it seems accepted that in the kill-murder case, the latter justifies the former even though it would not be justified on its own.

On the other point, I'm not convinced that supporting better fair use laws is enough on its own. An equitable compromise between two parties with fundamentally opposing interests can rarely be reached if there is a deep asymmetry in terms of their ability to just take what they want and run. Maybe, if comparison to anything involving murder is going too far for you, we can instead make one to (ironically enough) stealing: if the local group of school bullies keeps dragging you into dark alleyways and taking your lunch money, will you also support better rights to keep your lunch money but think it is going too far to demand that they be put in detention, because you see a pretty good argument why they should have a right to free movement?

You went back to violent metaphors. Those seem far too strong for this issue.

The MPAA is not actively attacking you. They’re putting conditions on how you can view their content.

The only reason I'm resorting to violent metaphors is that our moral intuitions are usually more clear around those than around fairly recent societal constructions. Given the choice, I would rather be beaten up than subjected to any of the potentially life-wrecking legal threats listed in section 3 of https://www.eff.org/files/2014/09/16/unintendedconsequences2..., and I would think that this preference ordering is neither uncommon nor irrational. Given that, in what sense are the violent metaphors "too strong"?
> The MPAA is not actively attacking you.

Letting the police do the attacking stuff is just a formality.