Is a free DRM better than a non-free DRM?

On the first Open Mind Commons (OMC) Workshop Sun Microsystems released two draft specifications for Digital Restrictions Management (DRM): DReaM-CAS (Conditional Access System) and DReaM-MMI (Mother May I) and a free (as in freedom) prototype implementation of the DReaM-CAS conditional access system.

So far it isn’t anything special that the industry works on DRM systems. Maybe it’s new that they try to create a DRM standard based on Free Software, but i don’t consider it as an advantage to use Free Software to restrict users freedom.

For me the news become interesting when i read a comment by Lawrence Lessig:

"In a world where DRM has become ubiquitous, we need to ensure that the ecology for creativity is bolstered, not stifled, by technology. We applaud Sun’s efforts to rally the community around the development of open-source, royalty-free DRM standards that support "fair use" and that don’t block the development of Creative Commons ideals."

I was really astonished, this sounds like Lawrence Lessig has given up his fight against DRM and for a "Free Culture" and has resigned to the fact that our future will be an opaque culture full of restrictions. It is particularly interesting because Lawrence Lessing is on the board of directors of the FSF and the EFF which has already published a press release against Suns Open Mind Commons DRM.