Conceivably, but 'what would be enforceable legally' is often a function of practicality and transaction costs - that is, there are many infringements that publishers would ideally like to prevent, but don't bother because of the impracticality of doing so. Nobody tries to collect royalties from a street musician banging out Beatles tunes on a guitar, for example.
I've gotta say that 10 years on HN has taught me not to trust the general opinions of hackers on legal matters and copyright especially, because few of them are interested in familiarizing themselves with the history and economic developments of the subject, which makes discussion about it almost impossible.
In other words, you might be surprised at what would be enforceable legally if all cases could be fully worked out; it would likely be better than you expected in some regards and worse in others. DRM enforcement isn't isomorphic to legal enforceability, but it's a reasonably good approximation.
I am not arguing in defense of the copyright system we have, which I would like to drastically change. I'm just saying that I think you're underestimating the legal complexities. This isn't your fault; I feel our legal institutions are failing partly because they have become so ridiculously complex and impenetrable to most people.
I've gotta say that 10 years on HN has taught me not to trust the general opinions of hackers on legal matters and copyright especially, because few of them are interested in familiarizing themselves with the history and economic developments of the subject, which makes discussion about it almost impossible.
In other words, you might be surprised at what would be enforceable legally if all cases could be fully worked out; it would likely be better than you expected in some regards and worse in others. DRM enforcement isn't isomorphic to legal enforceability, but it's a reasonably good approximation.
I am not arguing in defense of the copyright system we have, which I would like to drastically change. I'm just saying that I think you're underestimating the legal complexities. This isn't your fault; I feel our legal institutions are failing partly because they have become so ridiculously complex and impenetrable to most people.