In that case, there was a bunch of push-back against the broadcast flag, the proposal died, and now all kinds of stuff gets broadcast in the clear. When push came to shove, the content producers didn't actually need the broadcast flag, and their business models still work without it just as well as they did before.
The same needs to happen with the EME proposal; people who care about this kind of thing need to push back and kill it just like with the broadcast flag.