I have an essay up over on the IEEE Annals of the History of Computing titled, “Production Protection to Copy(right) Protection: From the 10NES to DVDs” talking about how many copy protection schemes also have roots in controlling the ability create content. Simply put, copy protection retains an inherent interest in also controlling the means of production, which makes it particularly troublesome when you start talking about first amendment rights. Here is the abstract:
Much of what modern digital rights management (DRM) systems attempt to accomplish was actually forcefully implemented on videogame consoles beginning with the Nintendo Entertainment System (NES) and SEGA Genesis system in the early 1980s. Examining the links between modern DRM mechanisms and these early production and copy protection systems can help contextualize the future of media production and access.