Bonum Certa Men Certa

DRM: Defectis Repleta Machina

By Alexandre Oliva and Fernanda G. Weiden

Candado



Summary: This article is a draft of a revised version of the one published in the ComCiência magazine on December 10, 2006 [ORG], translated by FSFLA's translation team.

As you start your brand new car to go to the beach, you realize it won't let you do it. Murphy's law can often make it seem like mechanical failures are nature's way of opposing your wishes. But what if the car manufacturer had reasoned that, by selling you a car that will take you to work but not to have fun at the beach, it would be able to sell you another car specifically for beach visits?



"What's the distance from an electronic failure that gets a Thai official stuck in his automobile [BMW,BM2] to an anti-theft device that deliberately imprisons inside the car anyone not explicitly authorized, restraining her right to freedom of movement under the pretext of stopping a potential crime?""The Right to Read" [R2R], published in the magazine Communications of the ACM (CACM), one of the best-regarded publications in computing, prophesied in 1996 the pervasive use of software and remote monitoring as tools to control access to knowledge and culture. In the article, textbooks and articles are only available electronically, and students are forbidden from sharing them with their colleagues; monitoring software on every computer, and severe penalties upon those that merely appear to be attempting to circumvent it, pretty much ensure compliance. After a mere 10 years, we may get the impression that the author got it both right and wrong. Access restrictions are indeed already present in some electronic textbooks and articles, but they have showed up far more often in the entertainment field, limiting access to music, movies, etc. Are we facing a problem even bigger and worse than the CACM article forecast?



DRM, for Digital Restrictions Management, means any technique that seeks to artificially limit, by software, hardware or a combination thereof, the features of a digital device with regards to access or copying of digital content, so as to privilege whoever ultimately imposes the technique (e.g., not the DVD player manufacturer, but the movie industry), in detriment of whoever uses the device. Considering that nowadays microprocessors inhabit not only computers, but also cellular telephones, electronic games, sound, image and video devices, remote controls, credit cards, automobiles and even the keys that open them, it should be at least worrying that all this equipment may be programmed to turn against.



What's the distance from an electronic failure that gets a Thai official stuck in his automobile [BMW,BM2] to an anti-theft device that deliberately imprisons inside the car anyone not explicitly authorized, restraining her right to freedom of movement under the pretext of stopping a potential crime?



In spite of all resources used to keep potential invaders outside homes and cars, as far as we can tell there aren't any anti-theft devices that keep them in, should they succeed in breaking in. This is due in part to respect for invaders' rights, and in part for vendors' fear of imprisoning the device owner himself, his relatives or friends, or of causing them other kinds of physical or moral harm.



DRM systems are portrayed by their proponents as anti-theft devices, similar to those available for homes and automobiles. Oddly, even people who'd never accept an anti-theft device that could imprison themselves are often willing to pay for the restraint on their freedoms imposed by DRM systems.



The same publishers that are powerful enough to pressure customers to pay for the development and adoption of DRM systems also use that power to make authors sign contracts that let the publisher decide what restrictions to impose, all under the pretext of hindering unauthorized access and copying, that cause them alleged losses.



The moral value of sharing, formerly taught at schools as something good for society, through incentives to sharing toys taken to classrooms, is slanderously labeled with a term that also refers to people who attack ships, stealing their cargoes and killing or enslaving their crews [MIC]. The confusion and bias of the term intellectual "property" [NIP], further elaborated in the Orwellian fallacy of copyright "protection" [WTA], turns people's attention away from the fact that copyright was created with the express purpose of growing the body of works available to the whole society, using, as incentive to creation, temporary and limited monopolies granted by society to their authors [EPI].



As a result of these misconceptions, the Brazilian population silently accepted the change to its copyright law, that up to 1998 permitted the creation of complete copies, for personal use, of works covered by copyright, so as to permit only copies of small portions [PNL]. Americans, in their turn, accepted a new delay in Mickey's entry in the public domain, with an extension of the copyright duration for another 20 years [CLG]. These are the first steps to the scenario described in the CACM article [R2R].



Unlike the practice for anti-theft devices, that are designed to respect the users, enabling them to activate or deactivate the system, and to respect even the rights of transgression suspects, DRM takes a far more aggressive posture, treating even the owner of the device as a criminal, without room for presumption or even proof of innocence. DRM takes control of the system away from the users' hands, since, just like the defective Thai car, it doesn't offer an option to turn the system off. Since, in the DRM case, the defect is deliberate [DlD], the control remains in third parties' hands, who use the devices you pay for to promote their interests to your own detriment. In fact, for DRM, you are the invader. But since you pay their bills, they want to keep you not outside, but rather inside, entertained and controlled [EeC].



DRM does not hesitate in trampling over your rights; not only international human rights [HRD,DlD,ADR], but also those guaranteed b copyright laws throughout the world, even restrictive ones like Brazil's [RDA]. Some examples of rights trampled over by DRM are:





In fact, these systems often collect information and send it to a remote controller, interfering arbitrarily with the user's privacy. In at least one of these cases, that got widely known, a DRM system developer did not hesitate in infringing third parties' copyrights to create a spying program, that installed itself, silently and automatically, in a computer in which a music CD containing it was loaded, and enabled the computer to be remotely controlled, without any option to remove or deactivate it [SNY]. Is it legitimate to disregard others' rights to try and seek bigger profits?



DRM systems are implemented by combining software and hardware. There are several techniques; we cite but a few examples:





As ways to work around these artificial restrictions become public, enabling people to exercise their rights guaranteed by law, new ever-more-restrictive efforts take their place, in an attempt to avoid alleged losses that disregards actual losses imposed on society, not only because of the increased direct and indirect costs of equipments due to the imposition of unfair restrictions [WVC], but even more importantly because of the unfair restrictions themselves.



Some of these efforts are in the legislative front: USA's Digital Millennium Copyright Act criminalizes the mere distribution of devices or publication of knowledge that enables people to bypass DRM. USA have tried to impose similar legislation on other countries with whom they sign "Free" Trade Agreements [TLC]. Laws that strengthen DRM turn its proponents into private legislators, with powers to unilaterally change contracts, by restricting access retroactively.



Other efforts are in the judicial front: associations that claim to represent the interests of musical authors, but that in fact represent the interests of record labels, have spread fear by suing regular people, accusing them, without proof, of copyright violations [RLS,MdM].



The technical front is not ignored: a security architecture based on a combination of software and hardware, formerly called Trusted Computing, has been co-opted to serve not the interests of computer owners, but rather those of DRM systems [TCM], the reason why we prefer to call it Treacherous Computing [TcC,CTr]. This technique can be used to stop installation or execution of software, against the user's will, or even the creation or correction of such software; to selectively prevent the creation, access or preservation of certain files [IRM]. That is, to prevent a general-purpose computer from obeying user's commands, turning it into a limited entertainment platform, that puts on third parties' hands the decision on what, when and how the user can use or consume. Somewhat like the car programmed to not go to the beach, or the electronic books stored in computers in the CACM article.



All these techniques do a lot to make law-abiding regular citizens' lives difficult, but they can't stop those who run their businesses based on commercialization of unauthorized copies. For the latter, the investment needed to work around the restrictions pays off, so all these restrictions end up missing their goal, while they limit and disrespect freedoms of most of the population.



This disrespect is not new and, in fact, it has made room to make DRM techniques effective. Free Software [FSD], that respects users' freedoms to inspect the program, modify it or hire third parties to do so, and run the original or the modified program, without restrictions, when used to implement DRM techniques, renders them ineffective, since the user would have the power to disable artificial restrictions or add features that had been left out. As a result, laws that prohibit tools to bypass DRM have the effect of prohibiting Free Software for accessing published works.



Software patents [SPE,NSP] are another threat to freedom that a few developed countries are trying to impose upon other countries. A legally-valid software patent, issued in a country that allows such patents, gives the patent holders the power to block, in that country, the development and distribution of software which implements the patented feature. If the companies in a DRM conspiracy have patents on some aspects of the decoding process, they can use these patents as another means to block software that can access the same works but without the restrictions.



It shouldn't be surprising that the Free Software Foundation [FSF] and its sister organizations all over the world denounce the risks of these limitations to individual freedoms [DbD,DRi,EeC], and at the same time update the most widely used Free Software license in the world [Gv3,GPL,Gv1], such that it better defends software users' and developers' freedoms against these new threats. The GNU GPL is the license used by most components of the GNU operating system, and by the Linux kernel, the most common kernel used with the GNU operating system. (Most users unknowingly refer to this combination Linux, but that is properly speaking the name of the kernel alone [YGL].)



Anyone who seeks knowledge or culture in digital formats has her rights threatened by DRM. In fact, the impossibility to preserve society's knowledge and culture in face of all these artificial limitations may cause our civilization to be seen in the future as a dark age, since, unless we can help it, all of our knowledge will have been stored in formats that, instead of ensuring its preservation, in the perfect conditions enabled by digital storage, seek to ensure its unavailability.



"If consumers even know there's a DRM, what it is, and how it works, we've already failed," -- Peter Lee, an executive at Disney [Eco]



When you see the acronym DRM in a product's ad, remember that it's not a feature, it's a warning label. Remember that DRM stands for Defectis Repleta Machina, or Defect-Ridden Machine. So, when you get to make a choice, while purchasing movies, songs, electronic books, games, etc, between a form limited by DRM and an unlimited one, prefer the unlimited form, unless you can work around the DRM techniques. When there isn't such a choice, reject monopolized and restricted content, as well as the legal mechanisms, the equipment and the techniques that support them. Use your freedom of choice today, avoiding short-sighted decisions that empower interests that, should they prevail, will restrain any possibility of choice in the future. Spread the word on the risks and support campaigns that do it [DbD,DRi,EeC,BDV]. Join us in the Latin-American anti-DRM campaign, Entertained and Controlled, in the FSFLA [FLA] mailing list [A-D].






We thank Richard M. Stallman, Eder L. Marques, Glauber de Oliveira Costa and Fernando Morato for their reviews and suggestions.






[R2R] http://www.gnu.org/philosophy/right-to-read.html



[BMW] http://catless.ncl.ac.uk/Risks/22.73.html#subj4



[BM2] http://www.zdnetasia.com/news/hardware/0,39042972,39130270,00.htm



[MIC] http://www.gnu.org/philosophy/misinterpreting-copyright.html



[NIP] http://www.gnu.org/philosophy/not-ipr.xhtml (see also the discussion on Intellectual Property on the [WTA] page)



[WTA] http://www.gnu.org/philosophy/words-to-avoid.html#Protection



[EPI] http://www.fsfla.org/?q=en/node/128#1



[PNL] http://www.petitiononline.com/netlivre



[CLG] http://www.cartacapital.com.br/index.php?funcao=exibirMateria&id_materia=3446 (in Portuguese)



[DlD] http://www.fsfla.org/?q=en/node/101



[EeC] http://www.entretidosecontrolados.org/



[HRD] http://www.unhchr.ch/udhr/lang/eng.htm



[ADR] http://www.fsfla.org/?q=en/node/107



[RDA] https://www.planalto.gov.br/ccivil_03/Leis/L9610.htm, articles 46 to 48 (in Portuguese)



[SNY] http://en.wikipedia.org/wiki/2005_Sony_BMG_CD_copy_protection_scandal#Copyright_violation_allegations



[WVC] http://www.cs.auckland.ac.nz/~pgut001/pubs/vista_cost.txt is a good article overall, even if it falls prey of the "content protection" fallacy [WTA] and it mistakes Linux for an operating system name [YGL].



[TLC] http://www.fsfla.org/?q=en/node/117



[RLS] http://info.riaalawsuits.us/howriaa.htm



[MdM] http://overmundo.com.br/overblog/inaugurado-o-marketing-do-medo (in Portuguese)



[TCM] http://www.lafkon.net/tc/, with subtitles at http://www.lafkon.net/tc/TC_derivatives.html



[TcC] http://www.gnu.org/philosophy/can-you-trust.html



[CTr] http://www.dicas-l.com.br/zonadecombate/zonadecombate_20061106 (in Portuguese)



[IRM] http://www.informationweek.com/story/showArticle.jhtml?articleID=196601781



[FSD] http://www.gnu.org/philosophy/free-sw.html



[SPE] http://www.fsfeurope.org/projects/swpat



[NSP] http://www.nosoftwarepatents.com/en/m/dangers/index.html



[FSF] http://www.fsf.org/



[DbD] http://www.defectivebydesign.org/



[DRi] http://drm.info/



[Gv3] http://gplv3.fsf.org/



[GPL] http://www.gnu.org/copyleft/gpl.html



[Gv1] http://www.gnu.org/copyleft/copying-1.0.html



[YGL] http://www.gnu.org/gnu/why-gnu-linux.html



[Eco] http://www.economist.com/displaystory.cfm?story_id=4342418



[BDV] http://badvista.fsf.org/



[FLA] http://www.fsfla.org/



[A-D] http://www.fsfla.org/cgi-bin/mailman/listinfo/anti-drm



[ORG] http://www.comciencia.br/comciencia/?section=8&edicao=20&id=216 (in Portuguese)






Copyright 2006 Alexandre Oliva, Fernanda G. Weiden



Copyright 2007 FSFLA



Permission is granted to make and distribute verbatim copies of this entire document without royalty provided the copyright notice, this permission notice and the URL below are preserved.



http://www.fsfla.org/blogs/lxo/draft/defectis-repleta-machina

Recent Techrights' Posts

Father of XBox Says What Microsoft Does Not Want to Hear About XBox (They All Know It's Dead)
Microsoft just worried shareholders will find out Sharma is "just a face" and an undertaker
France Needs to Focus on Software Freedom, Not Flags
We need more SIP advocacy!
Combatting Censorship in the "Civilised World": The Media Blackout Surrounding EPO Strikes and Other Large-Scale Actions
We - collectively speaking - cannot afford to keep the Office in the hands of a "Mafia"
EPO Strike Actions and Other Industrial Actions Are Effective When Management Fears the Staff and Staff No Longer Fears Any Managers
'António the unready' should get ready to be ousted
IBM Did Not Fall Because of COBOL Vapourware, IBM Still Collapses Because It's Worthless, Way Overvalued, and Very Likely Cooks the Books
language-to-language conversion (in the context of programming) is nothing new
 
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day
HR Blunder at IBM or IBM Struggling With Money?
Weird for such an allegedly rich company to be so stingy
Gemini Links 24/02/2026: x86 Computer In-Browser and Administration
Links for the day
Envy is the #1 Enemy of Richard Stallman
Whenever you see someone mocking Richard Stallman, ask yourself: does this person have a reason to be jealous of Richard Stallman?
Life is Sweeter When Less Means More
People need to think "small", not "big" (as in capital)
Championing a Cause
Probably over 100 million GNU/Linux users on laptops/desktops
Balmoral rape cult & Debian suicide cluster indifference, community
Reprinted with permission from Daniel Pocock
Can Much Longer Can the Financial 'Press' (Pump-n-Dump Megaphone) Cheer for IBM's Accounting Enigma?
IBM has fallen almost 25%
Religious or Not, Consider Quitting Social Control Networks (All of Them) This Season
Lent is a good time to quit addiction such as social control media
Liberating the Self From the Invisible Prison of Plutocrats-Controlled Media and Social Control Media
Can you always see the full picture or does something (someone powerful) obstruct it?
Links 24/02/2026: Drug Cartel Decapitated, Jeffrey Epstein-Connected 'Linux' Foundation Promotes Slop and Buzzwords at MWC Barcelona 2026
Links for the day
2023: Layoffs Are Because of "AI". 2024: Shares Up Owing to "AI". 2025: Shares Recently Fell Due to "AI". 2026 Forbes (Paid by IBM): Shares Falling is Good!
"AI" is smoke and mirrors
Bitcoin: Code of Conduct stifled open source concerns
Reprinted with permission from Daniel Pocock
Slop Boosters and 'Hype Agents' Render Themselves Irrelevant and the General Public Becomes Incredulous Due to "Bros Who Cry Wolf!"
It won't age well
"Half-baked Vibe Code Shipped Full of Errors"
Seems timely after our latest article
Links 24/02/2026: Copyright Litigation Over Anne Frank’s Diary, "Arrogance of Developers"
Links for the day
Another New Low for Solicitors Regulation Authority (SRA): Authorising Slop Disguised as "Legal Advice"
SRA is a lapdog - not a watchdog - of the "litigation industry"
EPO "Cocaine Communication Manager" - Part IV - "Many Jobs Were Given to Spanish Employees for No Related Skills At All"
The EPO's fate might be similar to that of the XBox
Gemini Links 24/02/2026: Hardware Tinkering and Slop Bots Attacking the "Small Web"
Links for the day
Quitting Reddit (Social Control Media Controlled by Conde Nast)
There is a new post in Reddit
IBM is the World Champion at Layoffs and There Are Reportedly More Layoffs in IBM This Month (EU)
IBM fired 60,000 in 1993
Free Software is for Everyone
Young and old, rich and poor etc.
Gemini Links 24/02/2026: Voltage Divider on Slide Rule and Many Raspberry Pi Projects
Links for the day
Links 24/02/2026: Telephone Turns 150, Political News Catchup, and Rearmament
Links for the day
Asha Sharma "a Palliative Care Doctor Who Slides Xbox Gently Into the Night"
2026 will probably be the last year of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 23, 2026
IRC logs for Monday, February 23, 2026
Probably IBM's Worst Day in Wall Street in Well Over a Decade
They try to blame some Anthropic slop, but that's just a distraction from IBM having nothing to offer
The Monday After the 9PM-on-Friday Prepared Puff Pieces-Under-Embargo Microsoft Strategy for XBox Collapse
There are more layoffs ahead at Microsoft's XBox
Kyndryl Also in a Freefall Today, James Kavanaugh's Accounting Skills Seem to be Based on Pumping and Dumping
What is the real value of Kyndryl when its debt is about twice its alleged "worth"?
Not Much Left to "Pump" in This Slop Bubble
let's hope that by the end of the year the whole bubble fully implodes
IBM Common Stock Crashes Hard (Almost $100 Below the Levels of February's Beginning)
Another Kyndryl?
Links 23/02/2026: Withdrawal From Slop and Ukraine Invasion Enters Fifth Year
Links for the day
Gemini Links 23/02/2026: Moving to Gentoo, Wake-on-LAN Script
Links for the day
Kyndryl Fell by About 50% in One Day, IBM Fell 23% in 20 Days
the IBM Titanic
Security and blobs, by Alex Oliva (GNU Linux-Libre)
Reprinted with permission from Alex Oliva
Trusting the Evil Maids
Don't listen to liars and frauds
Aaron Swartz Has Already Explained What Reddit/Conde Nast Meant to Him and Why We Should All Avoid Reddit If We Value Software Freedom
Aaron Swartz did not start Reddit
Valnet's Good Legacy of GNU/Linux Advocacy in Journalism Form
Let's hope they carry on like this
Techrights Thanks Every Single EPO Worker Who Went on Strike Today
We have so much in common
Coders and Thinkers
I used to be a hyper-productive coder; these days I do more thinking and writing
Slop (So-called 'genAI') is Not a Skill, Slop Gets You Suspended or Even Sacked, It Can Eventually End Your Career
Benj Edwards, a so-called 'Senior' so-called 'AI' so-called 'Reporter'
There is No Such Thing as "AI Skills", "AI Competency", "AI Fluency" Etc.
Slop does not give anybody an advantage
EPO Staff Union: The Strike Actions and Other Industrial Actions "Have Already Delivered Measurable Gains."
SUEPO Munich has just issued a statement to staff
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026