Comment by mrguyorama
Comment by mrguyorama 2 days ago
The only possible way to return to open standards and protocols would be to make a closed protocol illegal.
That was vaguely the state of things before the DMCA here in the US. Sega had no legal ability to stop other companies from selling cartridges that played on a genesis for example, and in one court case the Judge ruled that the company was legally right to breach Sega's trademark rights to achieve that interoperability. Sony, Nintendo, and others all lost similar suits about trying to restrict interoperability with their products and software.
In fact, Sega was going to lose that case so badly, and the precedent was so clearly beneficial to the consumer and market, that they chose to settle it to prevent the precedent from being established. That this is something you can choose to do well after it becomes obvious how the case should end is an atrocious feature of the US "justice" system. You shouldn't get to take a case all the way to a verdict, and then have an appeals court poke holes in your claims and then say "actually we don't want any of this on the record anymore"
The DMCA as written makes it very easy to prevent interoperability by law simply with a bit of code here or there to make token efforts to prevent access.