Some of the problems of DRM ("Digital Rights Management", also known as TPM = "Technological Protection Measures") as it is practiced are the same as those of Contracts of adhesion. Like the traditional form of fine print, DRM conditions are rarely read, accessible, understandable or subject to negotiation.
Consider Macrovision, for instance - if you buy just about any video-recording equipment, it will almost certainly contain this DRM technology. Whether you want it or not. You probably don't want it, in fact, but there's no-one to negotiate with, no real alternatives, no expectation that anything you might do would change the situation one whit.
The recently launched (in Australia) Apple iTunes is another example: in this case, a combination of traditional fine-print and technological restrictions - take it, or leave it.[1]
The difference, of course, is that a court of law will interpret a contract of adhesion as such. If a term is unfair, the court will take this into account.
No such accomodation applies to DRM. Whether a term is fair and reasonable, unfair, unconscionable or even outright illegal - the device will implement it as programmed.
(added 9.11.2005) Barely a week later, there's an outright illegal example: Sony's music CDs rootkit computers they're played on - see Sony, Rootkits and Digital Rights Management Gone Too Far and More on Sony: Dangerous Decloaking Patch, EULAs and Phoning Home; or, if you prefer mainstream media, BBC News: Sony slated over anti-piracy CD.
("Sony rootkit" post; eventually, I also made a summary and a table of features)
⇦ Switching to FOSS - a large user perspective | ⇨ Why DRM is evil |
