True enough. This is the major reason why when the DMCA was drafted and signed into law there was so much protest in the tech community about it. At the time, they feared it'd turn into a dystopian future where Microsoft Palladium would lock out all competition forever, turning them into information gatekeepers. Thankfully a whole host of things, including MS's anti-trust trial and the rise of Google, really undermined that future.
Today, I'm a little more hopeful about the future because we've now had a whole generation of computer users who have lived with the DMCA hanging over their head. Any actual serious use of it could well motivate them to push the legislature to the do the right thing and spell out interoperability as a legitimate basis to violate the DMCA, significantly undercutting its power. I mean, legally Ransomware authors could argue DMCA violations for people trying to bypass their malware. It's just absurd.
Indeed. It needs to be either updated or replaced. We've seen jail breaking smart phones given an exemption. I don't see why booting into L4T Ubuntu on your Switch should be considered illegal any longer. While I had my doubts about the DMCA when it passed, the law did serve a purpose and the world didn't end. Like any old law there are flaws and it can sadly be abused. Time to update it!