If I was a canny entrepreneur with a high appetite for risk -- and a reasonable war-chest for litigation – I would be thinking very seriously about how to build a technology that adds legal features to a DRM-enfeebled system (say, Itunes/Netflix/Amazon video), features that all my competitors are too cowardly to contemplate. The potential market for devices that do legal things that people want to do is titanic, and a judgment that went the right way on this would eliminate a serious existential threat to computer security, which, these days, is a synonym for security itself.And once anti-circumvention is a dead letter in America, it can't survive long in the rest of the world. For one thing, a product like a notional Itunes/Amazon/Netflix video unlocker would leak across national borders very easily, making non-US bans demonstrably pointless. For another, most countries that have anti-circumvention on the books got there due to pressure from the US Trade Representative; if the US drops anti-circumvention, the trading partners it armed-twisted into the same position won't be far behind.I've talked to some lawyers who are intimate with all the relevant cases and none of them told me it was a lost cause (on the other hand, none of them said it was a sure thing, either). It's a risky proposition, but something must be done. You see, contrary to what the judge in Reimerdes said in 2000, this has nothing to do with whether information is free or not – it's all about whether people are free.
