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This article is stupid. It's like saying putting locks on doors
leads to more burglaries.
It is actually more like saying that police putting locks on our doors while we were out would lead to more burglaries. We'd all have to break into our own houses, thus leaving gaping security holes which may be leveraged by criminals.
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The character of a would-be
pirate is ALREADY corroded if the person has or can justify copying
digital IP.
I have to agree with this.
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I've got Handbrake, and I've used to copy a few
movies to my iPhone. But I bought the DVDs originally. That's where I
draw the line, though. I wouldn't copy friends' disks or DVDs borrowed
from a library. It's an ethical choice.
The problem here is that you are drawing your own lines. By using Handbrake, you are circumventing DRM. This is against the law, which by your definition (as well as Steve Jobs) would mean that your character is already corroded. What other lines are you willing to draw? If you bought a movie from iTunes, but were unable to play it on your TV or iPod, would you find it ethically OK to rent the movie and rip it with Handbrake so that you could watch what you've already paid for? If so, would you be upset that you had to pay to buy it and then pay again to rent it - just so you could watch it. Would you be OK with borrowing the DVD froma friend and ripping it? These are the kind of issues that are raised when DRM over-restricts the end user and forces them to violate the law in order to use what they have paid for. The argument here is that if you didn't have to circumvent DRM to watch the media, you wouldn't own handbrake to begin with - and there would be no temptation for you to break the laws which you have already admitted to breaking.
I am not validating their argument. I'm just saying that there is some value to the underlying logic. If I had a large library of HD iTunes purchases and went out and bought an HD TV, only to bring it home and find that I couldn't watch those movies on my expensive purchase (or even watch them on the computer while that TV was hooked up.) I think I'd probably start thinking about circumventing a few laws myself.
The second part of the argument is where things start to break down. Say for example, that I have been put in the situation to make the choice between watching my purchased media and breaking DMCA laws. Even if I make the decision to become a criminal and circumvent the DRM, it would still be a stretch by my book to think that I'd just throw everything out the window and start sharing everything online. But this is where your earlier Steve Jobs quote becomes essential to the argument. "The character of a would-be
pirate is ALREADY corroded if the person has or can justify copying
digital IP." This quote effectively implies that if you are willing to circumvent DRM, then it is within your nature to pirate that intellectual property as well. This wraps everything up very neatly and the logical conclusion is that by over-restricting usage, you will increase piracy. Of course, they could also be taking the logical route of loosening the definition of the term pirate to include anyone who circumvents DRM (this would include you.)
In either case, I do think it is highly unlikely that this restriction will have an end result of Movie Studios losing money or more people sharing movies online. It will very likely, however, create more "innocent outlaws" of people who just want to be able to use what they have paid for. This will likely have one of two effects. Either studios will use the statistics of this "criminal" activity to bolster support for their attempts at further restrictions - or - people like yourself will start to be prosecuted, which might force the courts to make some decisions about the constitutionality of the DMCA. If the latter were to happen, DMCA might be overturned and we would very likely see a huge increase in usage of software like Handbrake (as well as the PC alternatives.) We would also likely see instant Cracks for every immaginable DRM widely distributed over the internet. If this were to happen, it is likely that we would see at least some increase in online movie sharing - which would validate the EFF claims.