Posted Tue Mar 30, 2010 3:37 PM
Here's the reality:
Yes they can, period. There isn't anything you can do, besides take your stuff and remove it from the net, and run what you've got right now. We might see a few warm fuzzy class actions, resulting in a $20 coupon toward the purchase of more of the same crap, but that's about it. Ever wonder about the significance of the Citizens United Supreme Court decision recently passed? You know that one that permits big companies to spend as much as they want on politics?
Well, now you know one artifact of it. They can, want to, and will do this stuff, and that's how it will be, end of story.
They can do this because you've got NO options, other than to go and buy the other guys closed box, who can and will do exactly the same thing. They can do this because you have next to no real representation too.
That is the state of things, and they are working on moving it to computers, which remain largely open, but have been shipping with closed, protected operation options for a while now. XP is the last "open" Microsoft OS, leaving Linux, and an increasingly limited supply of new hardware to run on. Notice the graphics vendors increasingly spotty support?
Remember, Vista and now Windows 7 include a very ugly DRM kernel that can deny you access to your own machine. In fact, it largely does, because you the user cannot operate with the same privilege level as their software does. They spiffed it up, worked the bugs out and people like it, but they didn't change anything about the core that denies you, the user and owner, the ability to actually call the shots on your own machine.
Look at the trend with the closed Apple stuff, most all cell phones, and such... It's all been going on for many years now, and those people 10, 20 years ago, who pointed this stuff out were ignored, marginalized, and basically not doing shit today. They lost, we lost, and the big corporations won all rounds.
What you think about it really isn't all that important, because most people will just deal with it, because they either don't care, or don't realize the importance of these things, and in the end, that's all the same isn't it? I think so.
IP protection continues to rise in importance, and the fact is the big companies are winning the debate, because they have the money, they are trans-national, they have the smarts, they have the content, and they present $$$ to the economy, and to politicians, and ordinary people don't. It will go their way in all but a few places in the world, and you will see those places experience extreme economic pressure to comply, just like Canada is being threatened with right now. If they want a trade agreement for jobs and exports and such, then they sign over their IP / Copyright law, or maybe that business can just go elsewhere. That's the standard line, go read the news, it's all there, reported every week.
Soon, in a few years or so, maybe sooner, the world wide copyright / counterfeiting treaty being worked on, largely in secret, will come into play, and when it does, the current copyright + DMCA environment will seem like heaven on earth by comparison. It will trump most local laws, criminalize what most of us would call fair use, and establish strong new rights, and police protections for "broadcasters" and "content creators", and will do so without even a significant public debate! Why? Because we are the cash cow, and nothing more.
That the real state of things. They are going to do it, and you are either going to deal, or walk.
...and if you wonder why I personally do mostly retro and open source stuff, that's why.