Precisely. The DMCA is not only terribly out of date, but it was backwards looking when it was passed. The concept of keeping the walled-gardens well tended by suffocating free distribution and community building is a losing proposition and strategy, as numerous sources are seeing now.
More so, though, the DMCA passage was telling of a mentality pervasive in the major label music industry that valued scarcity and exclusivity over the broader, long-term benefits of democratization, and thus the profitability was sucked out of the system. With massive licensing and royalty costs eating away at companies’ bottom lines, it’s pretty clear that exclusivity is a short-term play at best.
Scarcity is obsolete; democratization wins.