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> Failing open would make the DRM useless if you could trick the client into thinking the contract was expired.

Depends on the kind of failure.

You could have failure-to-reach-SecuROM fail closed, but you could have publisher-no-longer-has-a-license-with-SecuROM fail open (serverside at SecuROM).

The latter is probably better from SecuROM's standpoint: it makes end-users less likely to avoid SecuROM protected content.

On the other hand, it doesn't make end-users scream at their customers that have failed to renew.



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