No DRM system could possibly implement fair use as it stands today. What does a DRM system know if the use is transformative or derivative, private or commercial, in whole or in part (as people would copy all the parts) and so on. And even if you could implement a strong AI to evaluate all this, many of these things are simply impossible to know until after the fact. Before DRM, copyright was simple - you did whatever you thought you could do, and they law worked out whether that was legal or not afterwards.
Originally Posted by bridgman
With DRM this becomes an impossible problem - until you realize that those who make DRM have no reason to give you anything at all. They want to give you the most limited use license possible. They want to erect paywalls so people pay for the same thing in different formats or rebuy because they lose their copies. They want to erect market barriers so they can have globalism and we can't. They want to make you dependent on activation servers so they can kill old products. They want to force you to use it their way like forced unskippable ads. They want to remove your right of first sale by making it impossible to transfer digital products.
They don't want your ideal. That's the bullshit ideal they're trying to sell us so that we'll accept the idea of DRM. Let me tell you what their idea of an ideal EULA is:
Translation: "I have altered the deal. Pray I do not alter it further."
This document may be updated from time to time and the current version will be posted at www.take2games.com/eula
. Your continued use of this Software 30 days after a revised version has been posted constitutes acceptance by you of its terms.
Translation: "You own nothing, no second hand sales."
Licensor hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit
Translation: "All your base are belongs to us"
In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services,
Translation: "If you can't reach us or our server is down, tough luck."
The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.
Tranalation: "We're free to collect any information on you, and you can't opt out if you want to play."
The information collected by Licensor may be posted by Licensor on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor's marketing partners or used by Licensor for any other lawful purpose. (...) If you do not want your information shared in this manner, then you should not use the Software.
Oh and for Civilization 5, a definitively single-player game I still forcibly had to sign up for Steam, which has its own gems:
Translation: "We reserve the right to install anything, at any time, for you to continue using what you bought."
Steam and your Subscription(s) require the automatic download and installation of software and other content and updates onto your computer ("Software"). (...) You understand that for reasons that include, without limitation, system security, stability, and multiplayer interoperability, Steam may need to automatically update, pre-load, create new versions or otherwise enhance the Software
Translation: "At our sole discretion, you can be locked out of all your games including any single player games and any games you haven't cheated in."
Valve may terminate your Account or a particular Subscription for any conduct or activity that Valve believes is illegal, constitutes a Cheat, or which otherwise negatively affects the enjoyment of Steam by other Subscribers.
On top of this, they've started with very many questionable legal tactics like handing over subscriber information to private organizations, three strikes laws, mass lawsuits with crappy quality data, intimidating ISPs and content sites like YouTube and even hired companies to do DDoS attacks for them.
Further, they are seeking endless copyright extensions looking to be the permanent owners of information, nothing will ever more reach the public domain. They want to sell it to us and yet keep control forever, they no longer serve in society's best interest only their own.
Copyright in itself was fine. I buy a book, it's mine and I use it for whatever. It's everything else that has made me decide the harm is much greater than the good. As long as they are heading down the path they are now, I support breaking the whole system through mass disobedience.