one aspect of this - if you don't make an attempt to protect the content, even if it is "pirated practically instantaneously", then the studios can't go after anyone pirating their product in the legal system with any chance of winning. there is great fear of the slippery slope you go down in that world.
> if you don't make an attempt to protect the content, even if it is "pirated practically instantaneously", then the studios can't go after anyone pirating their product in the legal system with any chance of winning.
Why not? Absence of DRM doesn't make infringement legal. Studios can go after it the same way they do now. What they'll lose are various evil perks they get from DMCA-1201. But they weren't entitled to them to begin with. They all exist because of undemocratic and corrupted political process.