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I'd also like to see requirements that companies aren't allowed to use terms like "own" or "buy" when referring to their content. They should have to use a term like "license" or even "borrow" to drive home that you're not paying for unfettered ownership.

I get what you're saying about preventing copying being impossible without DRM, but I think you overestimate the prevalence of unauthorized copying, at least when the convenience and cost of purchasing a legal copy is reasonable enough.

DRM has other bad societal effects, like locking up works beyond their copyright expiration, and causing people to lose access to those works if the company goes out of business (for DRM systems that require periodic license refreshes). DRM also generally disallows all legal copying under fair use terms.

I think the only way that I'd be even remotely comfortable with DRM is if companies using it were required to place their DRM keys in escrow; if the company ever decides to stop offering the service, or simply goes out of business, those keys should be released to the public. And companies should be required to remove DRM from works when its copyright expires. Even with all that, though, I'd still find DRM undesirable.



"I think the only way that I'd be even remotely comfortable with DRM is if companies using it were required to place their DRM keys in escrow;"

Even then, who verifies that the correct keys are uploaded? And for that matter, what counts as "going out of business"? Maybe they'll stop providing service and say "a patch is just around the corner" and then simply never release (or work on) the patch?


It's also possible that a company sells their DRM keys during liquidation to someone who is not interesting in actually providing access to the work e.g. a competitor who wants everyone to move to their platform.

It wouldn't surprise me if something absurd happens like Epic buys GOG and then forces you to buy the same games on Epic store again.


I think that would be the point of putting the keys in escrow. Think of escrow as a kind of property limbo where there is no owner, just a responsible party for following a contract regarding the transfer of ownership.

The company doesn't own the keys, so it can't sell them. The user doesn't get the keys until the contract is fulfilled.

I'd expect losing access to the game or not being able to make be installs of the game (in a reasonable time frame) would be in the contract as sufficient conditions to give ownership to affected users.




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