That's a huge document. I'll read it fully some other time.
Suffice it to say, I find the premise (from the introduction) to be flawed, or at least, not balanced. It argues that the DMCA is "anti competitive" because it seeks to protect DRM systems, which are typically not open.
I have a few problems with this argument. Firstly, it assumes that DRM systems are by definition "closed systems" without interoperability. This is an intellectually vague argument that can be sliced any way without reaching resolution, due to imprecision about what "open" is. Take the BluRay protection system. You can't just download a few PDFs and make a working BluRay player. That isn't possible. So from that perspective BluRay is a closed system. But if you sign some contracts and pay some licensing fees you certainly can, and there is a highly competitive market of both player manufacturers and content creators. Typically we'd say an infrastructure in which there is a free and competitive market, is an open infrastructure.
The paper argues that the "interoperability" provision of the DMCA is self contradictory because the purpose of DRM is to prevent unauthorized devices interoperating with it. That's a good argument and one the framers of the DMCA should have addressed. But I think the question of open vs closed in DRM systems is something that'll become clearer with time. Technological progress is solving some of these issues, it's letting us have our cake and eat it to some extent. Trusted computing systems mean you can have hardware that runs anything (is open), but can cryptographically prove what it's running to third parties and seal encryption keys under those verified states. So it sets up a framework where two parties can trade without having to fall back on slow, expensive and overworked law courts to ensure both sides follow the agreed contract.
The PS3 was, for a long time, a good example of this. It ran copy-controlled games, but also Linux (just not both at the same time). Sonys big mistake was to take that away and thus incentivize people who want to run Linux on all their hardware. Also, their hypervisor was weak and their code signing contained serious mathematical flaws - but I guess in their next generation (assuming there is one) they'll fix those issues.
With TC in a regular PC, in theory, you can use Linux or FreeBSD or an OS you wrote entirely yourself, AND you can gain access to highly DRMd content, IF the other side is willing to trust your software. The platform itself is both open and entirely neutral. For that reason it even has non-DRM applications in areas like intelligent agents, virtual currencies, etc. The big remaining question is how to make certification of custom platforms really really cheap, so you can prove that your Linux/BSD/whatever will follow the rules required by the content creators (if you're willing to do that). Intels LaGrande technology had some interesting approaches to this, by avoiding the need for the host OS to be trusted at all, but it was unfortunately never finished. So I suspect we'll see either/or approaches dominate in the coming years.