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

Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Maintenance Reminder
We'll carry on publishing
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
 
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026