eagle_grinder’s history lesson:

Conversation between Big Media and their programmer consultant, circa 1990

Big time Author / MPAA bigwig / RIAA fatcat:

“We’ll produce digital material if and only if it is protected by the first amendment and copyright law.”

Programmer:

Sounds good. But isn’t it hypocritical that YOUR media, when changed into 1’s and 0’s, is protected, but MY media, which, in the form of .h, .c, .java files, and binary executables, ISN’T protected?

But that would also mean that the digital algorithm used to encrypt your format ISN’T protected, meaning anyone can flat out copy it and distribute it. Rampant piracy wound ensue.

Big time Author / MPAA bigwig / RIAA fatcat:

You’re right. All digital media should be protected.

Programmer:

In that case, The “hackers” will just reverse engineer your algorithm under fair use and as before, distribute it.

Did anyone guess what the industry fatcats said next?

If you said “Buy legislation that eliminates fair use from digital media” You’ve correctly identified the DMCA! BOB, TELL THEM WHAT THEY’VE WON!