Introduction
You buy music, movies, and books online, yet you often find yourself unable to lend them, convert them to other formats, or move them between devices. You face strict digital limits imposed by entertainment conglomerates, while creators struggle to make a living and tech intermediaries capture most of the revenue. You want to understand why digital technology feels increasingly restricted and how copyright laws transformed from tools for creators into weapons for corporate control.
Information cannot want freedom, but people do, and copyright laws must be reformed to protect creators and general-purpose computing instead of enriching centralized intermediaries.
Cory Doctorow explains how digital locks and anti-circumvention laws create walled gardens that undermine cybersecurity and lock you into closed ecosystems. You will learn how modern distribution models replace traditional scarcity with new ways to reach audiences through conversation and direct connection.
This text explores several core questions:
- How do digital locks destroy your ownership rights?
- Why do internet business models favor creators over traditional gatekeepers?
- What happens to cybersecurity when everyday copying becomes a crime?
- How can society reform copyright to protect open computing?
1. Digital Locks and Intermediary Control
Anti-circumvention laws and digital locks fail to stop piracy while locking consumers into closed ecosystems and stripping creators of negotiating leverage.
When companies wrap media in digital locks and use laws like the Digital Millennium Copyright Act (DMCA) to ban circumvention, creators lose their negotiating leverage. Audiences cannot easily migrate their purchases to competing platforms because their libraries are locked to a specific vendor, creating a winner-takes-all market controlled by intermediaries.
The Failure of Digital Locks
Vendor security focuses on complex keys and encryption algorithms, but attackers bypass these by extracting keys directly from computer memory or hardware. Once a key or unlocking tool is published online, it spreads rapidly and renders the digital lock useless.
In 2006, a programmer named Muslix64 broke HD-DVD encryption by searching computer memory for the key while a movie played, leading to the discovery of the 09 F9 processing key. By July 2014, Google knew of approximately 518000 web pages containing the 09 F9 key. A song took a maximum of 180 seconds to go from iTunes to file-sharing networks.
Digital locks do not reduce piracy; instead, they frustrate paying customers, drive them toward unauthorized file-sharing networks, and habituate them to piracy. When consumers are blocked from purchasing media in their preferred format or region, they turn to pirate sites. Once users learn how to download unauthorized content, that behavior spills over into other media categories, permanently increasing overall piracy rates.
A 2008 Carnegie Mellon University paper investigated a contractual dispute between NBC and Apple that blacked out NBC shows on iTunes, resulting in a permanent spike in file-sharing downloads. This dispute lasted for nine months.
General-Purpose Computers and Rootkits
Because modern computers are general-purpose machines designed to run any valid program, enforcing digital locks requires covert surveillance and malicious software.
It is technologically impossible to build a general-purpose computer that runs every program except the one the entertainment industry dislikes. Therefore, companies install rootkits and spyware to secretly blind the operating system and terminate unauthorized processes.
Sony BMG shipped six million audio CDs loaded with a secret rootkit in 2005 that hid files and processes starting with $sys$ to prevent users from ripping music. Lower Merion, Pennsylvania supplied 2300 high school students with laptops containing secret tracking software.
Adversarial Appliances and Consumer Harm
Adversarial appliances treat their owners as attackers by keeping inner workings secret, which sacrifices device security to protect proprietary business models. Manufacturers sell hardware cheaply or at cost and rely on restrictions, such as blocking third-party ink cartridges, to generate high margins. This secrecy prevents independent security audits and leaves devices vulnerable to hijacking.
In 2011, Columbia computer science student Ang Cui reverse-engineered HP printers to demonstrate that prioritizing ink cartridge restrictions left printers vulnerable to malicious vector hijacking. The margin on official HP inkjet ink compared to vintage Champagne reached 100000 percent. Ang Cui wrote a program just 200 lines long to hijack HP printers. Carriers infected 141000000 handsets in the USA with the Carrier IQ rootkit.
2. Economics and Discovery in the Internet Era
Conversation drives creative discovery more than traditional distribution, and creators can thrive by utilizing six flexible internet-era business models.
The entertainment lobby pushes a legislative agenda that focuses on increasing intermediary liability while stripping away legal checks and balances. Rightsholder groups target web hosts, linkers, internet service providers, search engines, payment processors, ad networks, registrars, domain name system providers, proxy tools, and technology designers through international treaties and domestic bills. These proposals seek to force intermediaries to proactively police users rather than simply responding to takedown notices. Controversial bills and treaties like SOPA, PIPA, ACTA, the TPP, and TAFTA were pushed through closed-door negotiations, sparking massive global protests and eventual withdrawals or revisions. In 2014, the billion-dollar Viacom versus YouTube lawsuit was ultimately settled without money changing hands.
Choke Points and Transfer Pricing
Reducing the number of distribution channels creates choke points that extract wealth from creators through transfer pricing. Heavy legal costs make operating an intermediary too expensive for small startups, leaving only a few consolidated platforms. These remaining choke points turn into tollbooths, capturing profits that would otherwise go to creators. Walmart's historical buyer dynamics forced book and CD creators to sign with major publishers who held exclusive relationships with retail buyers.
A creator's ability to earn a living depends entirely on negotiating leverage with distribution channels and the ease of audience discovery. Everything that increases intermediary liability diminishes creator leverage and hinders audiences from helping each other discover new work. Without leverage and discoverability, creators cannot secure favorable financial terms. Major record labels traditionally locked artists into nonnegotiable contracts regarding master recordings and deductions, while retaining the vast majority of digital distribution revenue. Standard record contract royalty payouts offered only 7 percent on physical sales and 50 percent on licenses.
Six Internet-Era Business Models
On the internet, conversation and social connections serve as the primary engine for discovering creative works, overshadowing traditional content distribution. People use communication platforms simultaneously for socializing and discussing creative works. Sociable conversation among trusted peers generates invaluable recommendations, turning random strangers into paying customers. U.S. telecommunications businesses brought in $750 billion in 2011, eclipsing the $480 billion brought in by the U.S. entertainment sector in 2012.
While labor-intensive creative services remain costly due to cost disease, technology has drastically reduced capital and distribution expenses. William J. Baumol first described cost disease in the 1960s, explaining that services like writing or performing music cannot easily be automated and take fixed amounts of human time. However, the capital costs required to produce, package, and distribute creative works have plummeted dramatically. Documentary production equipment that cost $250,000 decades ago can now be replicated for a fraction of that cost using modern digital cameras and personal computers.
Creators can adapt to the internet era by utilizing six fundamental business models:
- 1. Sell a physical copy of your art.
- 2. Sell ads around your content.
- 3. Sell high-margin swag representing affinity for your work.
- 4. Sell commissions to companies or individuals.
- 5. Sell tickets for live performances behind closed doors.
- 6. Ask for voluntary donations or crowdfunding contributions.
Digital distribution altered traditional revenue streams, but internet-enabled tools allow creators to scale alternative monetization methods globally with minimal overhead. Randall Munroe makes a living by publishing xkcd comics under Creative Commons licenses and selling massive amounts of physical merchandise like T-shirts and posters. 2013 marked history's top-grossing year for live music performance, highlighted by Madonna's 2007 deal with Live Nation valued at $120 million. Molly Crabapple raised $25,805 on Kickstarter for her 'Week in Hell' project in 2011.
Going Indie and Managing Tradeoffs
Deciding to bypass traditional investors and go independent requires handling non-creative administrative labor and forfeiting institutional efficiencies. Media companies prioritize shareholders over creators and impose rigid contract terms, but they also provide economies of scale, established workflows, legal boilerplate, and capital. Going indie only works if you are prepared to handle accounting, marketing, sales, and administration.
Successful independent community projects often originate and thrive as labors of love rather than commercially driven enterprises. Creators who pursue projects out of personal passion maintain artistic integrity and resilience against commercial pressures, even when scaling into sustainable digital businesses. Boing Boing started as a printed indie zine created as a labor of love by Mark Frauenfelder and Carla Sinclair, later evolving into a major blog and multi-million dollar ad-partnered media site. Initial monthly bandwidth bills for Boing Boing reached $50 a month before jumping to over a thousand dollars. In 2001, Boing Boing was revived as a blog and broke the viral Dean Kamen Ginger patent story.
3. The Copyfight and Network Security
Strict intermediary liability and digital locks undermine cybersecurity and treat everyday copying as a crime, threatening open infrastructure.
While creators rely on intermediaries like ISPs, payment processors, and app stores to reach audiences, scarce competition allows these middlemen to extract maximum rents. The economic term 'externalizing' describes how companies push their business costs onto other firms or the government, such as polluters dumping sludge or ports being held liable for counterfeit goods.
Traditional common carriers like ferrymen or phone companies must serve anyone who can pay without discrimination. In return, they are exempted from liability for problems created by what they carry. However, they must adhere to stricter safety regulations and cooperate with legal warrants.
ISPs attempt to extract revenue three times by charging the home user, charging the website, and demanding ransom from the website for fast lanes. Carriers often claim they need these funds to upgrade infrastructure, despite utilizing government-granted rights of way and already maintaining high internet profits.
Tom Wheeler, the chairman of the FCC as of 2014, previously served as the top lobbyist for the cable industry, which comedian John Oliver compared to hiring a dingo as a babysitter.
Obscurity Versus Piracy
For creative artists, obscurity represents a far greater threat than piracy, as recognition is a necessary precondition for earning money. While fame does not automatically make an artist rich, nobody will buy or financially support an artist's work if they do not know the artist exists. The internet helps solve this discovery problem by allowing direct distribution and public acts of trust.
Louis C.K. spent about $32,000 to develop a website and $170,000 to record a show, then sold it un-DRM-ed for $5, making over a million dollars in two weeks and netting about $750,000 after expenses.
Unlike common carriers, cable operators and modern digital platforms face strict liability or near-liability for third-party infringements. To manage this risk, insurance companies impose strict compliance regimes that force creators to seek permissions beyond what copyright law strictly requires.
Twitter processes around six thousand tweets per second, and with digital copyright damages up to $150,000 per infringement, a tiny fraction of infringing tweets could generate billions in hourly liability.
Critics often dismiss internet discourse as trivial, but interpersonal communications form the invisible threads of human relationships. Imposing rigorous copyright screening on every small interaction would effectively destroy the networked public sphere, while 100 hours of new material upload to YouTube every minute.
Surveillance and Copyright Enforcement
Programs like BULLRUN and EDGEHILL involved intelligence agencies weakening encryption standards and paying companies to insert deliberate flaws into products. Similarly, proposals like SOPA, PIPA, and DRM integration into web standards force browsers and DNS/IP routing to disobey their owners, creating systemic security vulnerabilities and enabling censorship.
The NSA and GCHQ spent $250 million a year on computer sabotage programs, and the NSA infiltrated the National Institute for Standards and Technology to weaken cryptographic standards.
Copying is an immutable technological fact of the twenty-first century, meaning copyright policy must regulate industries rather than attempt to attempt to outlaw copying itself. Digital storage, processing speed, and network capabilities will only become cheaper and more accessible, making today the hardest day copying will ever face. Attempting to suppress copying through harsh restrictions damages the entire computing ecosystem, whereas fitting copyright to purpose preserves creator compensation without stifling innovation.
The U.S. Copyright Act of 1790 established an initial copyright period of 14 years, renewable for another 14 years, contrasted with the current term of 95 years for sound recordings in most of the world after retroactive extensions.
Collective blanket licensing offers a viable, proven alternative to strict copyright enforcement by legalizing everyday user actions and ensuring guaranteed payouts to rightsholders. Much like radio stations and nightclubs use blanket licenses to legally play music without individual negotiations, ISPs could bundle a per-user fee to compensate creators. This shifts the focus from hiding downloads to improving user experience, supporting artist discovery, and minimizing network costs with a 50 percent proposed minimum share of sums dispersed to labels that should be passed directly through to creators.
Incumbent industries historically oppose new technologies as piracy when they emerge, only to embrace them and lobby against subsequent innovations once established. From player piano rolls and radio broadcasts to cable TV and VCRs, every major entertainment medium fought new technological distribution channels as piracy before adopting them and leveraging the law to block future competitors.
The film industry was originally founded in California partly to escape and infringe upon Thomas Edison's movie patents, yet Hollywood later became a staunch defender of strict copyright enforcement against newer technologies.
4. Reforming Copyright and Protecting Freedom
Stewart Brand famously stated in 1984 that information wants to be free because copying costs are falling. Doctorow's Third Law points out that information is an abstraction and cannot want anything; people are the ones who desire freedom. You must recognize that information has no desires of its own.
Information cannot want freedom, but people do, and society must reform copyright to prevent technological totalitarianism.
Doctorow's Third Law
Copyright was originally designed like an anti-tank mine to target industrial infringers. Because computers make copying exponentially cheaper, applying this industrial logic to everyday activities turns copyright into an indiscriminate weapon against ordinary people. A twelve-year-old posting Harry Potter fan fiction online cannot negotiate with Warner Bros. lawyers, mirroring how anti-tank mines end up exploding under civilians.
The entertainment industry is not dying; more creators are making more media and earning more money than ever before. The Computer and Communications Industry Association study "The Sky Is Rising" published in January 2012 shows massive growth in Amazon self-publishing, YouTube indie videos, Kickstarter games, and webcomics.
Anti-Tank Mines and Land Mines
Internet access is not merely a conduit for human rights, but a fundamental prerequisite for exercising free speech. Studies like PricewaterhouseCoopers commissions in the UK in 2009 and a 2013 US study show that families with internet access enjoy higher quality of life, better health, and greater social mobility.
National censorwalls and automated copyright filtering inevitably require secret blocklists and mass surveillance. The 2006 Swedish police raid on the Pirate Bay data center took down hundreds of unrelated websites, and Russian police raided newspaper offices and election-monitoring groups under the pretense of checking for unlicensed Microsoft Windows software. Three strikes laws penalize internet subscribers by cutting off web access based on unproven copyright complaints. The MPAA sent a complaint to the University of Washington for downloading an Indiana Jones movie in 2008, which researchers proved was actually downloaded by a framed laser printer. In 2013, France abandoned its Hadopi banning policy after Nicolas Sarkozy's own residence was flagged for downloading Beach Boys music.
Major entertainment corporations argue that digital privacy is fundamentally incompatible with copyright enforcement. Viacom sued Google and argued in court that YouTube's private video privacy flag allowed users to hide infringement and should be forcibly opened up to entertainment industry enforcers.
A World Made of Computers
Because the modern world is constructed entirely out of general-purpose computers, security vulnerabilities and control mechanisms pose direct physical and bodily threats. Renewability in digital locks means manufacturers can push remote revocation messages, delete purchased content, remove features, or brick modified devices without user consent. Amazon remotely deleted digital copies of George Orwell's 1984 from Kindles in 2009, and TiVo pushed out an update limiting recording capabilities in 2006.
You can protect your freedom from centralized control by using good cryptography and open infrastructure. Edward Snowden revealed the capabilities of spy agencies and proved that good cryptography effectively blocks surveillance.
You can follow these practical rules to protect your creative work:
- If you are a publisher, don't let your retailers usurp your relationship with your customers by using DRM.
- If you are a creator, don't let your publishers use your copyright as an excuse for rules that let it corner the market on delivering your art to your audience.
- No matter who you are, remember that this Internet thing is bigger than the arts, bigger than the entertainment business—it's the nervous system of the twenty-first century, and, depending on how we use it, it can set us free, or it can enslave us.
10 Key Ideas
- Anti-circumvention laws and digital locks fail to stop piracy while locking consumers into closed ecosystems and stripping creators of negotiating leverage.
- Because modern computers are general-purpose machines designed to run any valid program, enforcing digital locks requires covert surveillance and malicious software.
- Adversarial appliances treat their owners as attackers by keeping inner workings secret, which sacrifices device security to protect proprietary business models.
- Conversation drives creative discovery more than traditional distribution, and creators can thrive by utilizing six flexible internet-era business models.
- Creators can adapt to the internet era by utilizing six fundamental business models: selling physical copies, selling ads, selling high-margin swag, selling commissions, selling tickets for live performances, and asking for voluntary donations or crowdfunding contributions.
- Strict intermediary liability and digital locks undermine cybersecurity and treat everyday copying as a crime, threatening open infrastructure.
- For creative artists, obscurity represents a far greater threat than piracy, as recognition is a necessary precondition for earning money.
- Because computers make copying exponentially cheaper, applying industrial logic to everyday activities turns copyright into an indiscriminate weapon against ordinary people known as Doctorow's Third Law.
- Internet access is not merely a conduit for human rights, but a fundamental prerequisite for exercising free speech, yet national censorwalls and automated copyright filtering treat everyday actions like anti-tank mines.
- The internet is the nervous system of the twenty-first century, and, depending on how we use it, it can set us free or enslave us.