Linus Torvalds has a wonderful response to a proposed Linux kernel patch that would disallow loading proprietary (non-GPL-compatible-licensed) kernel modules. This is no particular surprise, given Linus’s pragmatic nature, but it illustrates a good point about DRM: it is impossible to determine fair use algorithmically. The difference between a fair use and an illegal one are outside the realm of software. To quote his response:
The fact is, the reason I don’t think we should force the issue is very simple: copyright law is simply better off when you honor the admittedly gray issue of “derived work”. It’s gray. It’s not black-and-white. But being gray is good. Putting artificial black-and-white technical counter-measures is actually bad. It’s bad when the RIAA does it, it’s bad when anybody else does it.
Technical solutions to social problems don’t work and never will.
