I've been thinking about the news that Keurig has added "DRM" to its pod coffee-makers since the story first started doing the rounds a couple of days ago. I've come to the conclusion that while the errand is a foolish one, and the company deserves nothing but contempt for such an anti-competitive move, that there might be a silver lining to this cloud. As I've written recently, there's not a lot of case-law on Section 1201 of the Digital Millennium Copyright Act (DMCA), the law that prohibits "circumventing...effective means of access control" to copyrighted works. In the past, we've seen printer companies and garage door opener manufacturers claim that the software in their devices was a "copyrighted work" and that anyone who made a spare part for their products was thus violating 1201. But that was 10 years ago, and it's been a while since there was someone stupid and greedy enough to try that defense.
I think Keurig might just be that stupid, greedy company.
The reason they're adding "DRM" to their coffee pods is that they don't think that they make the obviously best product at the best price, but want to be able to force their customers to buy from them anyway. So when, inevitably, their system is cracked by a competitor who puts better coffee at a lower price into the pods, Keurig strikes me as the kind of company that might just sue. And not only sue, but keep on suing, even after they get their asses handed to them by successive courts. With any luck, they'll make some new appellate-level caselaw in a circuit where there's a lot of startups -- maybe by bringing a case against some spunky Research Triangle types in the Fourth Circuit.
Now, this is risky. Hard cases made bad law. A judge in a circuit where copyright claims are rarely heard might just buy the idea of copyright covering pods of coffee. The rebel forces that Keurig sues might be idiots (remember Aimster?). But of all the DRM Death Stars to be unveiled, Keurig's is a pretty good candidate for Battle Station Most Likely to Have a Convenient Thermal Exhaust Port.
The good people at Fight for the Future established OPERATION COMCASTROTURF to help you figure out if your stolen identity was used to file fake anti-net-neutrality comments with the FCC, but Comcast wants them shut down, and it’s prepared to commit barratry to get its way.
Every Ozimal digirabbit in the venerable virtual world Second Life will starve to death (well, permanent hibernation) this week because a legal threat has shut down their food-server, and the virtual pets are designed so that they can only eat DRM-locked food, so the official food server’s shutdown has doomed them all.
Netflix has become one of the main forces for DRM in the world, a driver behind the W3C’s dangerous, web-scale DRM project, and now they’ve announced that their app will no longer run on rooted/bootloader unlocked Android devices, because these devices can run code that overrides Google Widevine DRM (Widevine doesn’t work well under the […]
Loot Crate is a subscription service that delivers a box of curated pop culture goods to your doorstep. To sample their geeky wares, you can order a single mystery box exclusively from the Boing Boing Store.Each month Loot Crate sends you 6-7 unique items and apparel, including collectibles, books, and t-shirts. Pulling inspiration from all […]
Yes, yes there is. The ultraportable Twisty Glass Mini boasts all of the simplicity of its forebear, while fitting just a little bit better in your pocket.The Mini is perfect for casual smokers, and anyone who doesn’t have the patience or fine motor skill for rolling papers. This piece keeps the convenient design of its older […]
Learning to code is a perfect way to grow your technical sophistication, and open up a host of new career options. But since most “learn to code” initiatives focus heavily on web development, it can be tough to find good resources for general-purpose computer science outside of a 4-year degree program. To get a broad […]